Maybe. It depends on the circumstances not as they actually were, but as reasonably understood at the time by the person who made the threat. Generally speaking, a threat of violence is legal in situations where the actual use of violence would be legal. Some common examples are in self-defense,...Read more »
I got a hold, via a court FOIA request, of my 2016 arrest records. When I got indicted and charged, I kept getting told that my charge could not get entirely dismissed because the "witness statements" said something that was too "serious" to get my much more concrete piece of... Read more »
The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals...Read more »
I'm not clear about your question. If you are asking about the affidavits then be aware that they give a prosecutor cover if they otherwise WANT to dismiss the case but they can just ignore them if they want to seek a conviction. In other words, an affidavit of nonprosecution can be an...Read more »
my ex husband had a criminal trespass put on me back in 2016. Not long after that him and i both together went to the local pd requesting it be removed. Ive lived at the property on and off since then. All my mail, bank accounts, irs account even the sheriffs dept has the address as my residence.... Read more »
All law enforcement needs for an arrest is "probable cause" to believe you committed a crime. However, in order to win a conviction against you, they'll either need you to enter a plea (like guilty or no contest) or they'll need to prove each and every element of the offense...Read more »
Was arrested after out on bond for 2 years. Bondsman was paid in full 10k and "heard" inmate had charges for evading. But there are no evading charges. Bondsman went off of bond, but did not revoke. He now has no bail amount set and we are trying to get an amount. The bondsman will not... Read more »
Stopped because claimed couldn’t read my license plate. Small town, same officer, seen me several previous times and had followed me 20 minutes before he seen me again to pull me over. I asked what his probable cause was and he said I looked nervous. All I was doing was putting gas in my... Read more »
Intent to cause harm or commit a felony is pretty much baked into the definition of murder so perhaps you were thinking about the lower-intent offenses of Manslaughter or Criminally Negligent Homicide. The only way to get Murder down to an F2 is "sudden passion" which is an affirmative...Read more »
I went to court and was offering on the spot a plea to turn my felony to a misdemeanor or option to set my case for trial. I do not want to take my case to trial , My lawyer said we were going to set it to trial to buy more time, but that we were not going to take my case to trial my question is... Read more »
I kinda doubt your lawyer would have set the case for trial if she believed that the Assistant DA would respond by taking the offer off the table. In most cases, both sides would prefer to reach a negotiated settlement to a trial and seeing that date creep closer on the calendar has a way of...Read more »
If it was a protective order issued under the Family Code then the law only requires he be given 48 hours notice before the hearing. Be aware that her attorney is not a neutral investigator. Ethics require her attorney to work in her best interest, so sending her attorney anything won't do...Read more »
i was pulled over for not making a complete stop at a stop sign and i told the officer that i tossed a cup of alcohol out of my window when i seen him turn on his lights. i was going down a underpass when i tossed it theres no dash cam footage or any other evidence that i did this except for me... Read more »
Yes, a recorded confession can absolutely give the officer probable cause to justify an arrest. Ask your criminal defense attorney to watch the recording and give you an opinion on whether or not it is enough for the government to prove its case against you beyond a reasonable doubt.
I purchased a home in July of 2021 in the state of Texas. My now ex-fiance gifted me 7750 to put down. She has kept 12k worth of rings I purchased for her stating they are a gift. I told her if she will give me the rings back I will give her 11k dollars. She wants to keep the rings and me give her... Read more »
First, be aware that the wholesale value of a diamond ring that costs $12,000 is probably in the range of $2,000 to $3,000 and almost certainly less than $7750 even if they are unworn rings from Tiffany in the original packaging. The appraised value certificate they give you for insurance purposes...Read more »
Cops were called by someone not in the home for domestic disturbance but me and my girlfriend were already over it's and the cops walked up into my yard and questioned us and their was no arguing or fighting they even questioned my niece n nephew and they said no they asked to search me I told... Read more »
Hire the best local criminal defense attorney who will watch all four of the officer's BodyCam videos and determine if there is any good argument that can be made to challenge the legality of one or both of the searches.
I was getting a ride from acquaintance . I was sitting front passenger seat of a mini van.
I just got into the vehicle not only two miles down the road the cop pulls him over for making an illegal turn. The vehicle ended up being searched and the cops found a bag carrying illegal... Read more »
Look up the term "constructive possession" to get an idea of what you're up against and then hire a local criminal defense attorney. If you think can't afford it then swallow your pride and ask a family member to help. A case like this can ruin your future. It's too...Read more »
was arrested an an emergency protection order was issued by the magistrate due to family violence. I was served and the order expires in a week. My partner does not wish to prosecute but I am complying with the order by staying away and not having any type of contact. Can we expect a hearing or do... Read more »
Grand Jury deliberations are secret so the best way to find out exactly what happened is to ask one of the attorneys involved. If that's not an option then you could go to the clerk's office and examine both files because they may contain some paperwork that explains what happened. It...Read more »
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