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... View 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...View 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... View 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....View 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...View 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...View 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...View 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...View 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...View 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... View 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.
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