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Questions Answered by Benson Varghese

2 Answers | Asked in Criminal Law for Texas on

Q: what is the punishment for possesion of less than a gram of meth?

i have no prior record

Benson Varghese answered on Jan 8, 2018

180 days to 2 years in State Jail, with deferred being the most likely outcome.

https://www.versustexas.com/drug/

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2 Answers | Asked in DUI / DWI for Texas on

Q: My daughter missed court for her third DWI and has a warrant out for her arrest. Is there a statute of limitations?

She has two prior convictions for DWI in the San Marcos, Tx area. The third was also in San Marcos. If she turns herself in, how much jail time is she looking at?

Benson Varghese answered on Oct 15, 2017

The warrant is last until she apprehends her. There is no statute of limitations or expiration date on the warrant.

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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on

Q: What can I do when a clerk forgets to close a case that was supposed to be dismissed as part of a plea deal?

I was charged with a DWI and possession of marijuana

Benson Varghese answered on Jul 24, 2017

The attorney who handled the plea for you should be able to speak to the clerk and get that resolved relatively easily, if that was the agreement that was made.

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1 Answer | Asked in Criminal Law for Texas on

Q: Can a parent sign consent for her you 14 yr old dating a 17 yr old?

My son is 17 and likes a 14 yr old. I do not condone it and know how this can end if thw little girl gets bitter. Her mom sneaks her daughter around to meet up with my son. She says she will sign consent and have ib writing she would not press charges. I try to explain to my son that would'nt hold... Read more »

Benson Varghese answered on Jul 20, 2017

No. A parent cannot give consent for the 14-year-old, nor can the 14-year-old give consent to sexual contact.

For indecency with a child, there is an affirmative defense if the actor is no more than three years older than the victim. A similar provision exists for sexual assault. However,...
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2 Answers | Asked in Criminal Law for Texas on

Q: My son is in jail on a $50,000.00 bond. How do I go about getting him a bond reduction.

Benson Varghese answered on Jul 18, 2017

His defense attorney will approach the judge about a bond reduction if appropriate.

Here is more about bonds: https://www.versustexas.com/criminal/bail-bonds/

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1 Answer | Asked in DUI / DWI for Texas on

Q: A person cannot drink while serving probation for DWI. Does that condition apply if they serve jail time on weekends?

My ex wife is serving 45 days on weekends over a period of months for DWI. In the meantime, she is still drinking like a fish while in custody of my two young sons. Generally speaking, is a defendant required to abstain from alcohol in that situation just like in a probationary situation? And if... Read more »

Benson Varghese answered on Jul 8, 2017

It is possible but unlikely that she is serving days in jail - even over weekends - as a condition of probation. It sounds like she is serving a jail sentence on weekends. If she's serving jail time, there are no conditions other than going to jail when she is supposed to. If she's serving a... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: If I do not testify against someone can they still get charged? I didnt want anyone to go to jail and I did not call 911

Benson Varghese answered on Jul 5, 2017

Yes. I have seen prosecutors try cases without victims there to testify and still get guilty verdicts.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on

Q: Can the d.a pick up a case without a statement

Benson Varghese answered on Jul 5, 2017

Yes, they can. https://www.versustexas.com/criminal/aggravated-assault/

1 Answer | Asked in Criminal Law for Texas on

Q: I was charged with agervated assault and my girlfriend said I did not hit her can the cops file charges

Benson Varghese answered on Jul 5, 2017

If they have independent proof of the assault, they can file charges without her cooperation.

https://www.versustexas.com/criminal/aggravated-assault/

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on

Q: What can I do if I want to drop charges/ restraining order on my boyfriend? I was influenced by family into doing so.

Cops were called for my protection but I was influenced to press charges and have a restraining order in place also. Can I appear in court and have charges dropped?

Benson Varghese answered on Jul 5, 2017

While the prosecutor may take your thoughts into consideration, you do not have the ability to drop the criminal charges.

https://www.versustexas.com/criminal/affidavit-of-nonprosecution/

1 Answer | Asked in DUI / DWI for Texas on

Q: I recieved a DWI after I had fallen asleep and drove off the road but I was not drinking, I'm prescribed xanax though

Will the xanax in my system cause me any trouble when the results from my blood test come back? No one was injured and there was no damage to my vehicle as I was the only one involved. I asked to take a breathalyzer test on site but the officer refused and arrested me.

Benson Varghese answered on Jul 5, 2017

Yes. The prosecutors can, and often do, allege that you were intoxicated based on prescription medication.

https://www.versustexas.com/videos/dwi-arrest-with-no-alcohol/

1 Answer | Asked in DUI / DWI and Criminal Law for Texas on

Q: My dad hit my step mom and he has a visa and he's also in jail right now what can happen ?

he didn't beat her up but he did hit her and he lives in El Paso tx and we can get him out if we pay 2,500 but we don't have that much money what can happen next ?

Benson Varghese answered on Jun 23, 2017

There are significant immigration consequences for non-citizens: https://www.versustexas.com/criminal/immigration-consequences/

You will want to speak to an immigration attorney before posting his bond.

1 Answer | Asked in Family Law and Criminal Law for Texas on

Q: CPS was called on my husband for allegations for sexual assault on my daughter, he is a convicted sex offender.

knowing these allegations are false and the evidence comes back to prove so what happens with him because of his background?

Benson Varghese answered on Jun 23, 2017

You need to call an experienced criminal defense attorney immediately. A second allegation of sexual assault, if sustained, can mean an automatic life sentence in some cases.

1 Answer | Asked in Criminal Law for Texas on

Q: My daughter is in jail and her probation fees keep piling up I would like to pay them but not sure what the cause number

I have a case number and an agency case number

Benson Varghese answered on Jun 23, 2017

Call the County Clerk. They will be happy to tell you.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on

Q: If im scheduled for trial and victim dont show for court and i dont take stand can i still lose in trial?

Even after they filed motion to dismiss and is not willing to go through with charges

Benson Varghese answered on Jun 23, 2017

The victim does not have the ability to "file a motion to dismiss." Additionally, the State can and has prevailed on cases where the victim does not show up and has signed documents stating they don't want to prosecute. Remember, it's the State's case. While you have a chance of winning, don't... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: 21 yr bro was just arrested in TX for possession of 15lbs of pot in his car when they pulled him over. Jail time?

Wondering if he will have to go to jail or if there is ANY WAY he can get off with probation or something. He's young and a first time offender, nothing else on record, no violent offenses, a great kid. I don't want to see him in prison.

Benson Varghese answered on Jun 23, 2017

He could be charged with possession of marijuana or possession with the intent to distribute given the amount he was charged with. Since he has no priors, he is legally eligible for probation. That does not mean a prosecutor will offer probation. A lot will depend on what jurisdiction he is in. You... Read more »

1 Answer | Asked in Juvenile Law and Criminal Law for Texas on

Q: As a 17 year old in Texas, is it legal to date someone who is 23?

I am 17 years old and the girl is 23, she was worried that she can get in trouble for dating me since I'm a minor, we are more than willing to wait until I turn 18 but I want to know all our options if things get serious, I know the age of consent is 17, but don't plan to have sex until I am much... Read more »

Benson Varghese answered on Jun 23, 2017

Remember there is an age of consent under Texas law as well as under federal law. You can learn more about the age of consent here: https://www.versustexas.com/criminal/age-consent-child-sex-crimes-texas/

2 Answers | Asked in Estate Planning and Criminal Law for Texas on

Q: HI 17 I LIVE N TEXAS MY BF 29 N ALSO IM PREGNANT....WILL HE BE N TROUBLE

Benson Varghese answered on Jun 23, 2017

The legal age of consent in Texas is 17. Depending on your age at the time you give birth, there may be an issue if you became pregnant before you were 17. There are exceptions to this rule so if you foresee and issue, you may speak to a criminal defense attorney in your jurisdiction. You can also... Read more »

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1 Answer | Asked in Criminal Law for Texas on

Q: Can self-defense or defense of necessity be used as a defense in a resisting arrest case in Texas criminal law?

"A defendant was charged with resisting arrest for unlawfully intentionally prevented and obstructed an officer from effecting transportation by using force against the officer, namely by PLACING HIS FOOT IN THE DOORWAY"

The defendant argued that he was pushed from the back or behind by the... Read more »

Benson Varghese answered on Jun 23, 2017

There are statutory and common law defenses that apply to this. Specifically, Penal Code 9.31(c) sets out two statutory defenses to resisting. You will want to consult with a criminal defense attorney who practices in the jurisdiction the offense arises out of to discuss the specifics of your case... Read more »

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