If a motion has to be filed before a cause number is assigned, is it lawful to file a motion after?
answered on Dec 24, 2022
Errors and discrepancies in case numbers are almost never fatal. Most such issues can be corrected. It is the substance that matters
Hi I went to court, the paper I signed stating what my next court date was, said the 14th of November. My bail bondsman sent me an email on the 6th saying that I had court on the 14th. My court date on the 14th was cancelled I have a text from my lawyer to prove it. This is where I get lost. I get... View More
answered on Nov 26, 2022
There is simply no way anyone could possibly answer this question in this forum. You should talk to your bail bondsman and show him the paperwork you were given showing your court date. And get another attorney to investigate for you
It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...
answered on Aug 26, 2022
Habeas Corpus Writ Application forms should be available at the Court of Criminal Appeals website. If not, use the 11.07 app form and review the 11.09 rules to be sure you comply.
Good Luck!
Is it possible to pursue legal action on an attorney and judge for misconduct? The judge has already had disciplinary action With the board
answered on Aug 20, 2022
You can sue an attorney, yes. That is called malpractice.
Judges are exempt from suit because of how they ruled on your case. The best you can do is file a complaint with the Texas Judicial Board, but you need serious evidence. Merely ruling against you is insufficient. Your best way to... View More
following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... View More
answered on Aug 5, 2022
I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... View More
answered on Jul 3, 2022
YES!
I practice all over Texas.
EXAMPLE:
The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... View More
answered on Jun 26, 2022
I doubt the court will strike your pleadings but you need to pay or settle the case,
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... View More
answered on Jun 22, 2022
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.... View 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... View More
answered on May 13, 2022
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... View 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... View More
answered on May 11, 2022
Your attorney may attempt to get copies of all data and voice recordings sent to that patrol car on that particular day in hopes of discovering whether or not the officer attempted to run your plates.
A new attorney and we're going to trial in 2 weeks or less or maybe 3 weeks but they're not prepared for my case and I haven't ever spoke to him before and the only information they have is what the prosecutor gave them instead of investigating my caseit been over 2 years
answered on Apr 6, 2022
Although you have the right to an attorney, you don't have the right to a GOOD attorney. You have to pay for that and it's really expensive.
That said, if your attorney does nothing (or almost nothing) to prepare then that can be "ineffective assistance of counsel"... View More
answered on Dec 2, 2021
No, of course not. Without some basis for why you would ask this, there's nothing more that I can say that would be relevant and helpful. If you have a lawyer, ask them. If not, I suggest you visit with a probate lawyer in your area ASAP to address your concerns.
Filed by indictment was his book in..is that a legal indictment or does the grand jury have to indict him. He also was not evaluated within 24 to 72hrs. Can I file a writ of habeas corpus
answered on Nov 29, 2021
If the person is being held on a felony offense, then, yes, the person has a right to be indicted by a grand jury before the State of Texas can prosecute him for that felony. The only exception to this rule is that an accused person in some cases may be allowed to waive (give up) his right to be... View More
They dont care what card you use, they only go cheaper if it’s cash. Where do I go to dispute these charges. It’s not fair to the consumer that they pass their charges onto me when making payment. I dont want to carry 500-1000 dollars to avoid paying 3%
answered on Nov 2, 2021
Yes, unfortuantely it is legal in Texas and almost all states. The company does have to post a notice of what they are charging you and the bill should show the charge separately, They can charge up to 3.99%. If you are a very good customer or making a large purchase, ask the store owner or manager... View More
I was the victim of an assault from my ex. He was eventually charged (months after the assault) because I stayed in contact with the police department's Professional Standards Unit. The detective on the case was non responsive until PSU got involved. When the charges were pressed, the charge... View More
answered on Sep 2, 2021
There doesn't sound like anything else to do in terms of criminal law. However, in civil law you could seek a protective order based on family or dating violence... and perhaps even stalking based on the voicemails. You might be able to sue him for the cost of medical treatment but unless... View More
it was 2 of us coming from el paso to odessa. we were asked for id's right away. im the driver and one in the passenger. He was asleep due to feeling under the weather so drank some nyquil. was woken up and the BP gent asked him few questions passenger didnt answer so they took us to... View More
answered on Aug 18, 2021
No. It was not illegal to take your vehicle. It may have been taken as a civil forfeiture because it was used in the commission of a crime.
answered on Jun 20, 2021
On the motion for reconsideration, they can simply deny the motion or grant the motion. Usually, they deny the motion without a written opinion.
answered on Apr 26, 2021
Yes, it is legal if the judge allows it. Is it ethical? Maybe. That depends on the lawyer's reasons for withdrawing. There was probably a Motion To Withdraw filed by the attorney and a copy of it will be in the court clerk's file. You could request a copy and check to see if the... View More
If dr was told not to do what he suggested should be done, and told primary dr has already addressed, yet dr does anyways leading to loss of limb! What can be done when consent was NOT given
answered on Feb 14, 2021
The location on this question is marked "Bixby, Oklahoma" but it is appearing in the forum for attorneys in Texas. If this event did not occur in Texas then please re-post your question in the Oklahoma forum.
The question is marked Criminal Law as well as Personal Injury and... View More
They were also not legally licensed interns or have a special permit.
answered on Jan 20, 2021
This question is marked Criminal Law but nobody sues anyone in criminal court. It is also marked Legal Malpractice which is a cause of action in civil court, but that is for a lawsuit against your own attorney, not the opposing side. As for Civil Rights, a criminal defendant is entitled to... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.