I have had an assigned lawyer for 11 months. During that time she has been extremely uncommunicative, not answering any requests for info about my defense. Not confirming that she receives my calls or emails. She has not done anything in my defense to prepare for trial. Last week, prior to a... Read more »
It sounds like you have already taken the proper steps by documenting your communications and approaching the judge. Many court-appointed lawyers are overworked and underpaid. Client communications are time-consuming and are not always helpful to the attorney's preparation of a defense....Read more »
My husband was told he was going to receive a subpoena to witness in an up coming trial. They also told him they might not use him at all. I thought subpoenas had to have dates and times, etc. declaring when someone will have to testify. Please help me understand.
A regular subpoena is a court order to appear and be prepared to give honest testimony. A subpoena duces tecum is a court order to provide evidence (typically documents) and it may specify a deadline that is before whatever trial or court setting where the evidence might be used to give the...Read more »
I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.
The prosecutor is not REQUIRED to drop the charges against the other person but it would be foolish not to drop them unless your retraction did not cover all of the criminal behavior alleged against the other person. For example, if your retraction statement said "he threatened to chop me up...Read more »
Most criminal law cases are resolved without a trial. Sometimes the charges are dismissed by the prosecution and sometimes there is a settlement agreement between the prosecution and defense. A case may also be dismissed by a judge over the prosecution's objection, but that only happens in...Read more »
A family member was drinking and was mad at me. They call 911 and accused me of beating a child (not true at all, police didn't even ask to see the child). The family member then threatened to kill me on the 911 call. Isn't that considered a terroristic threat, or at least domestic... Read more »
Maybe. Maybe not. It depends on the context for the threat and the INTENT of the person making the threat rather than the feelings of the person who received the threat. For example, if the person's purpose was to motivate the 911 operator to send officers to a fake emergency it would be a...Read more »
Can you buy ice cream at Mcdonald's? It's on the menu but the real answer is: Maybe. Maybe not. Do they actually have any or are they sold out? Is the ice cream machine even working today or is it broken again? Are there any employees on the current shift that know how to operate the...Read more »
Many years ago a man broke into my parent's home and murdered my younger brother. His murderer tried to kill my younger sister by stabbing her multiple times - she survived. The case grew very cold and the man was not found for several years until he was arrested for DUI, then fingerprints... Read more »
I am sorry for your family's loss, but I do not believe the courts are capable of providing the closure you seek. The limitation period for criminal attempt is the same as that of the offense attempted. 12.03(a) TxCCP There is no limitations period for murder. 12.01(1)(A) TxCCP. That said,...Read more »
One of the most common conditions of probation is to "commit no offense against the laws of this state or of any other state or of the United States" so, if he has that condition then he may have already violated the terms of his supervision. Whether his probation is revoked because of...Read more »
He was on probation for felony drug charges was arrested got on probation went on the run was arrested again then again got on probation this was his final year on probation he was going to pay it off when he got his taxes but he relapsed became homeless and now is in jail with theft greater then a... Read more »
If you have the resources to hire him a better attorney than a court-appointed then you could do that. If you can't afford that, you could still make his life more comfortable in jail by depositing smaller amounts of money into his spending account at the jail... this is sometimes called...Read more »
Most people don't understand that the Statute of Limitations doesn't control how long a case can be pending before trial. It only controls the time period that the government has to file formal charges after an alleged crime. If they wait too long to file charges then the court loses...Read more »
In my experience as an attorney, it is easier to get misdemeanors dismissed... and you need it ALL dismissed to be eligible to have the arrest records expunged. Deferred adjudication is not good enough... a reduction to a class C misdemeanor is not good enough... its gotta be all dismissed or the...Read more »
My current boyfriend's ex girlfriend keeps harassing through calls and texts and sometimes even showing up to his place and showing stalking behavior. She also mentioned me on her threats that she would come for me. He has DACA and he's scared to take legal actions but I want to know what... Read more »
A restraining order requires the existence of a civil lawsuit pending between the parties, and it expires when the lawsuit ends. So that's not appropriate to your situation unless there is some sort of active lawsuit involving the two of you on opposing sides.
This is the sort of situation that can blow up in your face because something will get missed and you will get blamed... because it is your responsibility to attend all required court appearances and obey all conditions of bond regardless of your attorney's inaction. You should probably...Read more »
I have a lawyer who is extremely uncommunicative. There was a change in my assigned attorney last year in August and I, the defendant , was not notified by anyone. I found it out by accident in Jan. of this year and emailed my new attorney. That was five months I, effectively, had no... Read more »
Court-appointed attorneys are overworked and underpaid just about everywhere. Your best bet overall is probably to hire a local criminal defense attorney who DOESN'T accept court appointments. However, not everyone thinks they can afford that... but can they afford prison?
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