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answered on Mar 4, 2017
That is the Texas sexual assault law. Specifically, this part of the law deals with nonconsensual sexual acts, or "rape." Learn more at https://saputo.law/sexual-assault/
The gambling establishment I worked at for 1 day was raided. I was charged with 6/10ths of a gram. There was video recording up until the cops knocked down the cameras. And it clearly would prove I'm innocent. Along with a signed deposition from a witness. But the DA has destroyed it along... View More 
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answered on Mar 2, 2017
If the District Attorney destroyed evidence, that is a severe abdication of their duties, a violation of your constitutional rights and likely a crime in itself. If you're asking whether they are allowed to do this, the answer is that they are not allowed to do this.
I was attempting to initiate the sale of a firearm that was being held by my father, it was purchased and was legally in my name. I only asked the police to mediate and they agreed because he refused to give it to me. Without having spoken to any member of my family - there was an eventual... View More
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answered on Mar 1, 2017
I suggest you look at the options on the website of the Texas State Bar: https://www.texasbar.com/AM/Template.cfm?Section=Can_t_Afford_an_Attorney_
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answered on Mar 1, 2017
One you have been sentenced to deferred adjudication probation, your case is no longer active, and you are no longer out on bond. If you still owe a bond company money, then you need to finish paying them. If you posted a cash bond directly to the court or sheriff, then you can apply to get that... View More
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answered on Feb 27, 2017
It sounds like you're saying the state filed a motion to revoke your probation before your probation was over. You will be entitled to a hearing on the motion to revoke. You should hire a lawyer to represent you in that hearing. It doesn't matter that your term of probation has now expired.
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answered on Feb 26, 2017
It depends on the rules in the particular court where you have the hearing. In some counties, your lawyer can push the court date back or simply attend the court date for you. This is much more typical for a misdemeanor charge than a felony charge.
Is this "Retaliation charge" something new that Tx is beginning to add onto DWI arrests?? I had absolutely No Idea that being obnoxious, could carry such a heavy penalty charge. Am I really facing serious TDC sentencing??
thanks for your help
dee
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answered on Feb 24, 2017
DWI 2nd is not a felony offense in Texas, and you cannot receive a TDC sentence for it. The state has to prove that you were intoxicated, not simply that you were being obnoxious.
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answered on Feb 23, 2017
Yes, absolutely. The 21 year old could be prosecuted for Sexual Performance by a Child in Texas. Please look at my page about this offense here: https://saputo.law/sexual-performance-by-a-child/
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answered on Feb 18, 2017
There are two different "enhancements" that you might be concerned about. The first related to the the charge itself - it will likely be charged as DWI "3rd or more" because of the prior DWI convictions. It may also be able to be enhanced because of the prior felony coviction... View More
Does a judge have to approve the ADA's letter of dismissal?
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answered on Feb 18, 2017
If the indictment has been dismissed, there is nothing for a judge to approve. It can't technically be "immediate" because it is already over.
I was to wait for information to come in the mail on where to report after getting probation transferred to Dallas and it never came.
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answered on Feb 18, 2017
In general you have to appear before the judge that put you on probation in order to get a probation revocation warrant lifted. The judge doesn't necessarily have to book you into jail in order to lift the warrrant, but that is typical (and depending on the charge and circumstances, it may be... View More
He barricaded himself in his bathroom for 6 hours and finally broke out a window at the first sign of daylight. A neighbor called police for him but the men had left before they arrived and they don't believe his story. The police found a small amount of marijuana and a pipe and charged him... View More
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answered on Feb 14, 2017
You should strongly consider hiring an attorney to defend him, and his attorney may hire a private investigator to look into the situation.
Both our parents agreed to our relationship .
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answered on Feb 14, 2017
The applicable Texas criminal laws include Indecency with a Child, Sexual Assault and Sexual Performance by a Child. Based on your description, it seems that there may be a violation of all three.
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answered on Feb 9, 2017
You can call the police to report a crime.
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answered on Feb 1, 2017
It is a matter of public record that you have been charged. The courts and law enforcement agencies will publish it according to their own rules and policies, and if someone looks for it where it is published, it can be found.
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answered on Jan 25, 2017
Yes you can. Take a look at our page about assault. http://saputo.law/assault/
I mainly need a lawyer for my criminal cases I have pending. However I do have questions about what my family needs to do to get justice for my dad who recently past and it was declared 100% preventable, and was a result of medical negligence. Please advise me on how to find a lawyer. Thank you.
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answered on Jan 19, 2017
If you can't afford a lawyer in a criminal case, the court will appoint you a lawyer.
They never read me my rights or even said that I was under arrest, they just told me to "turn around," and I automatically put my hands. They came into my hotel room and I gave him permission to search it and they found drugs in my friends bag so I knew I was potentially going to get... View More
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answered on Jan 19, 2017
Unfortunately, it's not that simple. Your rights under Miranda basically only apply to custodial interrogations. You're going to want to get a lawyer to review the video tape and police report.
Both witnesses are for prosecution & were arresting officers on felony case being heard by jury. They were seen by defendant talking to one another in parking lot while court was in recess. Defense attorney was informed but said nothing to judge when court was back in session.
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answered on Jan 19, 2017
They should not be allowed to discuss anything related to their testimony.
I was revoked for not completing community service on time, the judge had me serve 5 days and an 6 month extension of probation is it still differed adjudication probation?
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answered on Jan 19, 2017
No. If your deferred probation has been revoked, then that means that a judge has found you guilty.
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