Assuming this is an extension of the motorcycle question... It is the prosecutor's job to decide which cases to pursue and which to dismiss. An affidavit might help, or it might not... depending on how the prosecutor reacts to the contents of the affidavit. It might also help if the... Read more »
Passenger has never had a ticket on her record and worked for the APS of Texas recently
OK, but what is the question? Reading between the lines it seems like the passenger was charged with Possession of a Controlled substance and you want to know if not knowing is a defense? It can be, but it would be unwise for your friend to talk to an investigator without an attorney and an... Read more »
I've had police arrest me for small things... Ie jaywalking, because they see my criminal history of drug possession, and want to search me even though I've declined consent. Is this legal?
I drive a lot for work, and need to know if they can arrest me for marginal infractions in... Read more »
They can arrest you for almost any violation... except minor speeding. This was discussed in detail in the US Supreme Court's majority opinion in a case from Texas named Atwater v. Lago Vista, 532 U.S. 318 (2001). Look it up!
they said no the cop said he sees and nugget of weed and that since they lied they nhad to search the car that was in the drivers sister name with insurance they driver is leagal to drive they search the car finds a glock 19 and some marijuana upon release they tell my son that his phones have been... Read more »
I agree with attorney St. Julian and would add that it would be wise to hire a good local criminal defense attorney. There should be DashCam video that may show the reason for the initial stop and BodyCam video that recorded the verbal interaction and the search. Unfortunately, you can't... Read more »
The finance paperwork was deceptive and a lot of information and the signature page of the service contract is omitted that clarified the details that would validate or invalidate the services I purchased, but I didn’t know this until I researched the terms and conditions pages they gave me and... Read more »
This sounds like a frustrating experience but I'm not sure of your exact question. It sounds like a civil law issue rather than a criminal law issue.
My brother is currently incarcerated at Miller County jail in Texarkana Arkansas. He has court this morning and i was wondering how much it would cost to hire a lawyer for him or if they would take his case as pro-bono
Attorneys are licensed by state so, if he is being prosecuted in Arkansas, you should hire an attorney licensed up there. If he can't afford an attorney he can ask the judge to appoint one.
state filed MTR to adjudicate guilt. court appointed attny withdrew for conflict of interest. proceeded pro se and was provided the case files from Private investigator which showed not only did officer lie in sworn affidavit for felony arrest warrent but also lied in her investigation stating I... Read more »
Did you ask the court to appoint an attorney for your appeal?
If you can't afford an attorney, you can ask the court to appoint an one if you are facing charges for a class B misdemeanor or higher level offense.
was pulled over for no turn signal was asked to get out vehicle and was searched, they found drugs but i was wrote a warning for no turn signal and let me go, i don't know what was even found, the only thing i signed was the warning stating there were drugs found but not what it was or amounts... Read more »
Perhaps they will send the drugs to a testing lab and then decide whether to file criminal charges. Perhaps they already decided to do nothing.
My daughter was at a park with her bf's family. Grandma got confrontational with grandson and my daughter. Told me daughter to leave. Daughter gets in car and calls me. I told her to make sure she doesn't do anything to her bf. Bf gets in car. Gma goes to daughters driver door and... Read more »
1. Almost nobody actually memorizes the law. There are too many and they change too often. Any halfway decent cop, lawyer, or judge will check the statutes for all but the most common offenses.
2. Your daughter could be arrested and charged with MURDERING the grandma if a cop believes... Read more »
I have an active DWI case. I looked online and for the next court setting it says Disposition..appearance waived. What does this mean? What will happen at this court date?
Disposing of a case means closing it with some sort of resolution. The "disposition paperwork" explains how it was closed: conviction, deferred adjudication, dismissal, etc.
8 month relationship that was physically abusive (her towards me) and verbally abusive her to me. She got a credit card and we got an engagement ring for her. It’s under her name. Her care credit card was used to pay for a dogs vet visit. And an Amex card that had my name on it as an authorized... Read more »
She can sue you for whatever she thinks you owe her, and you can file a counterclaim for what you think she owes, and then a judge can sort it all out. You could hire a civil attorney to increase the chances that you'll win but it would probably be faster, cheaper, and less heart-wrenching to... Read more »
You can ask the District Attorney's office to dismiss the case and perhaps even sign an affidavit of nonprosecution. However, it is the prosecutor's duty to decide whether or not to seek a conviction and they often decide to move forward in domestic violence cases against the wishes of... Read more »
Defamation and subjective language were used ex parte for a writ to a child's body, after an action (motion) was in place for full custody, after numerous bouts of maternal child abuse and maternal fraud were evident. The child was then subsequently returned to the maternal abuser against... Read more »
I apologize for the snarky tone of my previous response. I can't remove it, so I will try again to answer your specific question regarding the language in a writ:
Arguing over the language is probably not the best use of your time and effort. One of the many reasons that wise... Read more »
I was arrested 2 times for 3 different cases. The first was 01/2017 and the second was two charges on 01/2018. All cases were dropped due to insufficient evidence or dismissed. The first happened in California and the 2nd happened in Hunt county Texas.
This question is best answered by an Employment Law attorney in Alaska. In Texas, arrest records are public information that appears on a background check until or unless they have been properly expunged... and dismissed cases are not automatically expunged. You'd need to ask a California... Read more »
Ex. My oldest has several mental health issues and oppositional defiance disorder. Once she moved out, it would be plausible she would 'get back at us' (parents) by manipulating and convincing her little sister to run away and come stay with her when things at our house were... Read more »
It is a defense to prosecution for Harboring a Runaway Child that the actor was related to the child within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code. See section 25.06(b) of the Texas Penal Code.
A sibling relationship is the second... Read more »
No. It only means the case has been resolved. The word "disposed" shared the same root as "disposition" and it means the case is no longer pending. A case could be disposed of by either a conviction or a dismissal. Ask your criminal defense attorney to evaluate the paperwork... Read more »
Evidence from the scene is not required for a conviction... and the testimony of witnesses is EVIDENCE.
The best time to fight a criminal case is BEFORE you are sentenced to prison by a jury. People have the mistaken belief that an appeal is a second chance... a do-over. The truth is... Read more »
I have round trip tickets and plan on only being gone for 4 days (this is a vacation trip) and returning to Houston promptly.
I have had clients arrested on warrants in the Houston airport. The arrests created problems for both the client and their traveling companions. It would be wise to hire a local criminal defense attorney to clear the warrant before your trip.
I got an order of nondisclosure but I want to get my record expunged, is that possible?
Expunction is not available for felony cases resolved with deferred adjudication unless the conviction is overturned on appeal or pardoned by the Governor of Texas. It is too late to appeal but you can download the pardon application from the website of the Texas Board of Pardons and Paroles.... Read more »
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