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Questions Answered by Christopher M. Lankford
1 Answer | Asked in Criminal Law for Texas on
Q: Do I need a attorney present to talk to the police over a stolen gun
Christopher M. Lankford
Christopher M. Lankford answered on Jan 26, 2016

I would strongly advise it.

1 Answer | Asked in Criminal Law for Texas on
Q: Do I have to serve the full sentence of my deferred adjudication probation if I have completed all requirements?

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 »

Christopher M. Lankford
Christopher M. Lankford answered on Jan 26, 2016

Early dismissal is granted by the Judge, not the probation officer. For that reason, you need to hire an attorney to motion the Court for early release.

1 Answer | Asked in Criminal Law for Texas on
Q: If he is 29 and im 17 and i end up pregnant can he go to jail in texas ?
Christopher M. Lankford
Christopher M. Lankford answered on Jan 26, 2016

No. 17 is the age of consent in Texas.

1 Answer | Asked in Criminal Law for Texas on
Q: If a 19 year old male punches a 17 year old male in the state of tx, what charges can be brought?
Christopher M. Lankford
Christopher M. Lankford answered on Jan 26, 2016

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 »

1 Answer | Asked in Criminal Law for Texas on
Q: So I'm 18 and my girlfriend is 15 . Can we have sex Without me getting in trouble if her dad finds out? what can happen?

My birthday is 9/29/1997 and my girlfriend is 8/3/2000. We're both in highschool I'm a senior and she's a sophomore.

Christopher M. Lankford
Christopher M. Lankford answered on Jan 26, 2016

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.

1 Answer | Asked in Criminal Law for Texas on
Q: My boyfriend Is 19 and I'm 15 turning 16 in 4 months ??? And gonna be 3 years apart is it against the law ?
Christopher M. Lankford
Christopher M. Lankford answered on Jan 26, 2016

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.

1 Answer | Asked in Criminal Law for Texas on
Q: in 1994 on nov 2 i was 17 and charged as an adult on a non violent crime in texas.did the they channge the law from 18
Christopher M. Lankford
Christopher M. Lankford answered on Oct 13, 2014

17 is an adult in Texas for criminal purposes. It has been that way for at least a century. Some states differ.

2 Answers | Asked in Criminal Law for Texas on
Q: Do I need to hire a lawyer to have an arrest record expunged or can I file it myself?
Christopher M. Lankford
Christopher M. Lankford answered on Oct 7, 2014

You can file it yourself. However, you only get one shot at it. I would HIGHLY recommend hiring a lawyer to make sure it gets done right.

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1 Answer | Asked in Criminal Law for Texas on
Q: MY NEPHEW HAS A FAMILY VIOLENCE CHARGE CLASS A MISDEMEANOR AND HAS A 3RD COURT HE NEEDS TO ATTEND.

WHAT HAPPENS IF HE DOESNT GO AND LEAVES THE STATE OF TEXAS?

Christopher M. Lankford
Christopher M. Lankford answered on Oct 7, 2014

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.

1 Answer | Asked in Criminal Law for Texas on
Q: If I was put on deffered adjudication for a felony theft can I still buy a firearm?
Christopher M. Lankford
Christopher M. Lankford answered on Oct 7, 2014

You are not a convicted felon, so you do not have that restriction. However, a condition of your deferred (if you're still on it) may be not to possess a firearm.

2 Answers | Asked in Criminal Law for Texas on
Q: how do i get assault fam violence off my record?

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 »

Christopher M. Lankford
Christopher M. Lankford answered on Oct 7, 2014

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.

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1 Answer | Asked in Criminal Law for Texas on
Q: My daughter has 2 charges of credit card or debit card abuse and 1 charge of theft of property from elderly > 1500 <2000

She has bond forfeiture on the theft. She has priors. What would you estimate as a sentence?

Christopher M. Lankford
Christopher M. Lankford answered on Oct 1, 2014

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. It's best...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My bf was arrested for domestic violence. The case has not be filled with the DA so are there any charges against him?

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?

Christopher M. Lankford
Christopher M. Lankford answered on Sep 23, 2014

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 temporary and "no... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I purchase a firearm while on misdemeanor probation in Texas for a dwi my courts papers mention nothing about me not

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??

Christopher M. Lankford
Christopher M. Lankford answered on Sep 19, 2014

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 »

1 Answer | Asked in DUI / DWI for Texas on
Q: How much trouble can I get in to if my alcohol level was at 0.05??? In texas
Christopher M. Lankford
Christopher M. Lankford answered on Sep 19, 2014

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 »

1 Answer | Asked in Criminal Law for Texas on
Q: Court date for drug paraphanilia, do we need a lawyer?
Christopher M. Lankford
Christopher M. Lankford answered on Sep 18, 2014

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."

1 Answer | Asked in Criminal Law for Texas on
Q: What is the penalty for someone who has a charge for cruelty to a juvenile and is their first offense

Child has marks and also stated this is what happened during a whooping

Christopher M. Lankford
Christopher M. Lankford answered on Sep 18, 2014

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 »

1 Answer | Asked in Criminal Law for Texas on
Q: My 19 yo son charged with having LT 2 oz of marijuana in guadalupe county. He's a student does he need a lawyer

I'm concerned about the long term ramifications of conviction. I.e student aid, job opportunities

Christopher M. Lankford
Christopher M. Lankford answered on Sep 18, 2014

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.

1 Answer | Asked in Criminal Law for Texas on
Q: Second time getting arrested for the same crime. What punishment can I expect??

I successfully completed 9 months deferred probation for POM, class B misdemeanor but about 5 months later I got arrested for the exact same charge.

Christopher M. Lankford
Christopher M. Lankford answered on Sep 15, 2014

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 »

1 Answer | Asked in Criminal Law for Texas on
Q: What are my options here??

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 me,... Read more »

Christopher M. Lankford
Christopher M. Lankford answered on Sep 15, 2014

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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