The case I was originally prosecuted for was in Travis County for a State Jail felony Theft by Check. I've meet all of my requirements however I was told by my probation officer that I would have to remain on probation the full length of my sentence unless I hired a lawyer and requested early... Read more »
Assault causing bodily injury is the most likely charge. It is a class A misdemeanor punishable by up to a year in jail and a $4,000 fine. The charge could be enhanced to a felony if seriously bodily injury is caused. There may be additional repercussions if there is a family relationship between...Read more »
The law has an exception for individuals who are less than 3 years apart. Based on your birthdays, you two just made it. This means that she is not committing a statutory rape because your ages are within 3 years of each other. There is no crime if you both otherwise consent.
Yes. The three years is figured from your birthdays. So if you're 15 and he's 19 now, that means you're 3 years PLUS a few months apart. Legally you can "date," but any type of sexual contact is illegal until you're 17. 17 is the age of consent in Texas.
If he leaves he will have a warrant issued for his arrest. I would not expect Texas to have him extradited for a misdemeanor. However, the pending charge will show up on background checks and haunt him until it is resolved.
my bf and i was arguing verbally onlookers said we where fighting physically but we were not. i was arrested being told he said i hit him..when i was released i spoke to my bf he said he just told them he was just trying to ger home nd they told him he could leave and he thought that i was home... Read more »
Depending on what happened with the case, you may qualify for either a Non-Disclosure Order or an Expunction. Both seal your record. An expunction actually orders the police to destroy their records of your arrest. Consult a local attorney to see if you qualify for either of these.
The theft is a state jail felony, so the range is 180 days-2 years. It's impossible to predict where she might fall into that range. It would depend on the county, her prior history, and the facts of the case.
Also, she may be eligible for probation or even deferred adjudication....Read more »
He was arrested but the case has yet to be filled with the DAs office. I was told that since the case had not been filled yet there are not pending charges against him. Is this true? Also, how do I go about removing the protective order that the police officers filled against him?
Yes. However, the DA has 2 years to file charges (longer if it is a felony). Family violence cases are often subject to "no drop" policies, which means it likely will be filed. An attorney can fight the protective order, but it is usually best to just let it expire since it's...Read more »
Can I purchase a firearm while on misdemeanor probation in Texas for a dwi my courts papers mention nothing about me not being able to have one, and can my probation officer say I can't have one just because they want to??
Check all of the terms and conditions of your probation. Not possessing a firearm is a typical condition of probation. My advice, ride out the probation before purchasing a firearm. Even if it's not a condition, you may end up having to hire a lawyer to represent you when the State files a bs...Read more »
In Texas, intoxication is defined as a BAC of 0.08 OR loss of the normal use of your mental or physical faculties. You may still be charged with DWI (up to 180 days in jail and $2,000 fine). However, if charged, this is a much more difficult case for the DA to prove. They would likely offer a...Read more »
A lawyer is always recommended for any charge to make sure that you don't end up with a conviction. However, since this is a Class C Misdemeanor, you should be fine if you accept a "Deferred Disposition."
I believe the charge you are referring to is Injury to a Child. Depending on the circumstances like seriousness of the injury, this could be charged anywhere from a State Jail Felony (180 days - 2years in jail) to a 1st Degree Felony (5-99 or life). There is a defense for reasonable discipline by a...Read more »
Absolutely. It is a Class B Misdemeanor punishable by up to 180 days in jail and a $2,000 fine, so it's a serious offense. However, an attorney should be able to keep his record clean and avoid harsh consequences if it's a first offense.
If you are still on deferred, expect to be revoked/adjudicated. What happens next depends on the county. Your lawyer may be able to negotiate a short jail sentence if you will be taking a conviction. Most counties are not too hard on POM.
You may be able to avoid being revoked/adjudicated...Read more »
I was convicted of Intoxication assault last year for drinking underage and driving and injuring my passenger. Who was my cousin who didn't want to press charges. The crime happened 4 yrs ago. I was sentenced harshly with 8/8 probation and an ignition interlock on a car thats not registered to... Read more »
The problem with probation is that the Judge has wide discretion on what conditions to place on you. You should talk to your attorney. He/she can advise you on the likelihood of revocation. As bad as 3-6 months of inpatient is, it's far better than 8 years in jail.
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.