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I am being charged with a 3rd degree felony. It is the third time I have been stopped for a DWI. With the first two I was only convicted for one. Is there a chance that the felony can be reduced back to a Misdemeanor during trial?
answered on Jun 14, 2022
Absolutely there's a chance. If you have only one conviction this should be a misdemeanor.
Cop pulled me out on the Expressway and Had me urinate on the side of the expressway. Could thus effect/dismiss my charges in any way? It’s illegal right?
answered on Feb 3, 2022
From a legal perspective, no it won't make a difference. From the standpoint of how officers treat you may make a difference to jurors, possibly.
These are more common issues that come up: https://www.youtube.com/watch?v=_Y3dbpPGgzI
i have no prior record
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/
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?
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.
I was charged with a DWI and possession of marijuana<2oz. Both occurred at the same time and both were first offenses. As part of a plea deal my attorney told me that the possession charges would be dropped and I would be given x months of probation along with fines and other court requirements.... View More
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.
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... View More
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,... View More
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/
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... View More
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... View More
answered on Jul 5, 2017
Yes. I have seen prosecutors try cases without victims there to testify and still get guilty verdicts.
answered on Jul 5, 2017
Yes, they can. https://www.versustexas.com/criminal/aggravated-assault/
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/
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?
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/
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.
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/
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 ?
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.
knowing these allegations are false and the evidence comes back to prove so what happens with him because of his background?
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.
I have a case number and an agency case number
answered on Jun 23, 2017
Call the County Clerk. They will be happy to tell you.
Even after they filed motion to dismiss and is not willing to go through with charges
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... View More
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.
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... View More
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... View More
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/
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... View More
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