It depends on which section of the code you are relying on to expunge it. If under CCP 55.01(a)(2)(A)(i)(c), 3 years. If under CCP 55.01(a)(2)(A)(i)(d), immediate. If under 55.01(a)(2)(B) you have to wait for the expiration of the period of limitations. Each one has different requirements, and the...Read more »
A judge may reduce the bond if her attorney files a motion to reduce bond. It's up to the judge. If she has been in jail over a year, it might be a good time for a judge to consider a bond reduction, especially if the trial delay was the result of the state.
7 year old parents not pressing charges cps got involved now detective they were expirmenting but now 7 year old told cps he was forced what can we be looking at should i let police talk to the 13 year old without a lawyer or look for legal aid
My dad has been in prison since 1997. A few weeks ago he sent a letter to the district clerk office requesting his grand jury proceedings... He received a letter stating that there are no copies of his grand jury proceedings... What does this mean and what do I need to do?
Limitation periods vary depending on the specific offense charged. And there is no one offense in Texas for "child abuse." Several child abuse-related offenses have no limitation period, such as Indecency with a Child, Sexual Assault (under some circumstances), and Continuous Sexual Abuse...Read more »
My fiance was charged with theft under 2500 2/prior convictions and they say its a state jail felony. Well he's already a felon, he was arrested in Vernon tx before all this and charged with in possession of a fire arm. I bonded him out but he was arrested again for these charges and So he... Read more »
Possibly. The charges that the state might bring are sexual assault of a child (this only applies to anything that would have happened while your son was 16), indecency with a child (16 is the age cutoff for this as well) and sexual performance by a child (includes children 17 years old and...Read more »
Yes, in Texas a person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another or intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or...Read more »
Pulled over for speeding. Smelled like marijuana, due to someone else who used my car and had previously smoked. Went through the whole process. Officer found a pipe and a lighter with older weed in it. At that moment, although I wanted to blame this person, I knew I was at fault due to it... Read more »
The property inventory is just a receipt indicating that your property was seized. You could theoretically try to get it back. It would, indeed, be highly amusing to walk into the police station and demand the marijuana pipe back with the unused weed. But that doesn't sound like a good idea,...Read more »
Have been turned down for several job opportunities because of this charge, although I was never convicted and it was eventually dropped. There was never ANY proof that I had consumed alcohol- I did not blow and they lost the video of my field sobriety test--how is this unsupported charge STILL... Read more »
I agree with Ms. Pace. Make sure you do it right. If your lawyer doesn't ask you specifically, you should make sure to let him or her know any different jails you were in and who else might have a copy of the records relating to your arrest.
It is possible. You haven't really given enough information here to know the likelihood of deportation, either. You should definitely hire an immigration attorney to conduct a more thorough interview to see if any forms of relief are available.
The next day he was released on a pr bond due to not enough evidence. Now he has an appearance on March 23 and they have it as a 3rd or more dwi third degree felony. His last 2 dwi a were in 03 and 04. He has served a 2 yr and an 8 yr prison sentence for assault charges. Can they revoke the or... Read more »
1. It is possible that the judge can hold his bond insufficient, that is different from "revoking" his bond. 2. Under the law, a prison sentence for a DWI 3rd or more conviction may be probated, but there is a 10-day minimum jail stay required.
I am being accused of violating a protection order my ex took out on me in Kansas City Missouri even though I live over 500 miles away in Arlington Texas. I recently received a notice in the mail saying an arrest warrant has been issued and the bond amount is $1000.00. I don't know what to do.
To clear the warrant, you will have to post the bond. You will also have to get booked into jail unless you can get a judge to waive bookin. Your best bet is to hire an attorney to help you navigate that process.
He will have an active warrant in Texas, and any law enforcement that makes contact with him may decide to arrest him based on the active warrant. A judge would then be able to hold him under the Uniform Criminal Extradition Act.
I feel that my children where interrogated by the teacher and by the police, they was put up to say those things. And the police has taken my kids into emergency custody and then they proceeded with a search warrant to search my home while prior to me going to the precinct to speak to them I was... Read more »
Being arrested and charged with something you didn't do is a terrible experience. Unfortunately, you're going to have to spend a lot of resources in both time and money to fight this charge. Good luck.
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.