The judge agreed and signed off for the six month program. The day the classes started, my son and the others in the same program, were told by an employee of the private company it is a nine month program, not six as the court had stated. Does the company have the right to extend the judge's... View More 
answered on Feb 26, 2024
In Texas, “SAFE P” is a part of the state's Substance Abuse Treatment Program (SATP) run by the Rehabilitation Programs Division of the Texas Department of Criminal Justice (TDCJ). It is a six-month in-prison program. It is not run by a private company.
A private company does not... View More
When my assigned criminal defense attorney will not avail herself of many actions that could lead to my freedom and does not communicate effectively what should I, as the defendant, do in order to protect my rights and freedom? Please don't tell me to hire a lawyer. I would if I had the money.... View More
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answered on Feb 25, 2024
If your assigned defense attorney is uncooperative and ineffective in communication, it's crucial to take proactive steps to protect your rights and freedom. Start by documenting all instances of the attorney's lack of cooperation and ineffective communication, including missed deadlines,... View More
My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More
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answered on Feb 25, 2024
If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More
I have researched the pardon option but have read on the website to contact the district court which would be Western District of New York. I see no forms or instruction on how to do this. I am looking to restore my civil rights. I was 19 years old at the time of arrest (now 50)
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answered on Feb 24, 2024
Navigating the process of expungement for a federal felony conviction in New York State can be complex, especially considering the length of time since the conviction occurred. While pardon may be an option, contacting the Western District of New York's district court is a step in the right... View More
I am a disabled man (P.T.S.D.) who was arrested and charged with a felony assault for defending myself against someone who had been mentally abusing me (intentionally triggering me for almost 5 months). At this time I have not been indicted and the case is still in court. I have requested that my... View More
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answered on Feb 23, 2024
Your public defender may have a point regarding their ability to request a dismissal of the charge. Generally, it is the prosecutor's responsibility to decide whether to pursue charges or dismiss them based on the evidence and circumstances of the case. However, your public defender can... View More
Her case was eventually dropped but in the minx of everything she lost her job her home was incarcerated for no reason and I need help suing bexar county ..
answered on Feb 20, 2024
You do not have a lawsuit that is likely to be successful against Bexar County. If a person other than a law enforcement officer filed a complaint that resulted in the criminal accusation being filed against your daughter, you may have a possible for malicious prosecution against that individual... View More
deadly weapon.I have talked to his lawyer 2 times and he really has not talked to me.I saw the video and he was on the property but he didn't have the weapon and didn't go in the store.The attorney jas put out 5 years deferred adjudicated probation or 15 years. I feel that is not right I... View More
answered on Feb 19, 2024
Since your son is in custody, it seems likely that law enforcement believes that your son is the actual person who committed the crime. If you have information that a specific other person actually committed the crime, you should share that information with your son's attorney.... View More
Cops have possession of a person's digital storage device and search it and say they found an illegal image. They arrest the owner of the device. Two years later it is shown that there was no search warrant and the defendant's expert has been denied access to the device and the cops say... View More
answered on Feb 16, 2024
Yes, the defendant has the right to see and obtain a copy of the search warrant and to examine the evidence leading to his arrest, and to have his attorneys and experts do so. Yes, even if the case is dismissed, the defendant has the right to see the evidence and warrant for purposes of pursuing a... View More
Cops have possession of a person's digital storage device and search it and say they found an illegal image. They arrest the owner of the device. Two years later it is shown that there was no search warrant and the defendant's expert has been denied access to the device and the cops say... View More
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answered on Feb 24, 2024
Yes, as a defendant in a criminal case, you have the right to demand proof of the existence of a search warrant that led to your arrest. If there is no search warrant or if it cannot be provided, it raises serious questions about the legality of the search and seizure. Additionally, you have the... View More
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answered on Feb 14, 2024
It does take some state agencies up to 6 months to expunge the records of your arrest. But it should all be cleared eventually.
Please understand that the State Expungement does NOT take anything off the FBI records. A Federal FBI search of you would still show the arrest, etc. However, the... View More
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answered on Feb 24, 2024
To properly file a petition for a writ of prohibition, you will need to follow specific procedures outlined by the court in which you plan to file your petition. Begin by researching the rules and requirements for filing such petitions in your jurisdiction, as they can vary from one court to... View More
answered on Feb 7, 2024
A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the... View More
He told me I was being pulled over for no front license plate(texas). I had one with a picture of a flag. He saw I had gummies I had bought from a vape shop and locked me up for a CS charge. He changed the reason to stop and go on the report. Is that legal
answered on Feb 6, 2024
A police officer can indicate on a traffic ticket or police report any offense observed or reported to the police officer and is not limited to a single offense even if he tells the driver that a particular offense is the reason for the initial stop.
A front license plate bearing the... View More
He told me I was being pulled over for no front license plate(texas). I had one with a picture of a flag. He saw I had gummies I had bought from a vape shop and locked me up for a CS charge. He changed the reason to stop and go on the report. Is that legal
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answered on Feb 25, 2024
No, it is generally not legal for a police officer to lie about the reason for a traffic stop in the police report.
If you were pulled over under the pretense of not having a front license plate, but you actually had one displayed, then the legal justification for the original traffic stop... View More
Is that normal for them to list a victim unknown or is this a paperwork error that could result in dismissal?
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answered on Feb 4, 2024
There is a problem with a victim not being named. Sometimes, the name is a "Jane Doe" to protect the victim, but victim unknown is too vague to stand up to a motion to dismiss.
It does depend, whether or not, the written charges are by Indictment or by Information. By information... View More
I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go... View More
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answered on Feb 4, 2024
Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More
They also put me down as selling on school property
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answered on Feb 4, 2024
We are talking "honey", "budder" - the vape cartridges that contains Delta 8,9, or 10 ? I'm not sure what your schools policy is if you are caught with a vape that contains one of these oils. If it turns out to be Delta 9 they could charge you with possession of marijuana... View More
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answered on Feb 2, 2024
In Texas, there are very few things that can be expunged from your record. You must have won your trial, got your case dismissed in court, or had a deferred adjudication, that you completed, and had a judgment of no conviction.
If your case had one of the above results, you can only get an... View More
I even had to move a town over because of the slander.
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answered on Feb 1, 2024
If someone is spreading false and damaging information about you, such as falsely claiming that you have HIV, it could constitute slander, which is a form of defamation. Defamation occurs when false statements are made about an individual that harm their reputation. To address this situation, you... View More
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answered on Jan 30, 2024
You should be able to press charges if your son was assaulted. However, who you deal with at the police department will be important.
Did police get called to the scene immediately after the event? How badly was he injured? Did he go to the hospital?
The police are supposed to... View More
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