Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Paul Saputo Jr.

1 Answer | Asked in Criminal Law for Texas on

Q: I was arrested in Texas for a 3rd degree felony. The DA has decided not to prosecute me. How fast can I expunge?

The reason the DA has decided to prosecute me is I am obviously innocent. I have no priors whatsoever.

Paul Saputo Jr. answered on May 22, 2017

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 »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on

Q: If a first time offender has 3 bonds set at $100,000 $200,000 and $50,000. Can a bond "reduction" set all to $75,000?

One of the bonds has been raised instead if lowered. And the inmate is a first time offender 20 years old she has been waiting a year for this reduction.

Paul Saputo Jr. answered on May 15, 2017

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.

1 Answer | Asked in Criminal Law and Family Law for Texas on

Q: what can happen to a 13 for having sexual conduct with a 7 year old

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

Paul Saputo Jr. answered on Apr 28, 2017

The 13 year old could be charged with sexual assault of a child. You should retain a lawyer as soon as possible to ensure that he asserts his legal right to remain silent.

2 Answers | Asked in Criminal Law for Texas on

Q: Does possession of marijuana and possession or paraphernalia stay on your record if charged for dismeanor ? how long ?

Paul Saputo Jr. answered on Apr 22, 2017

Unless you get an expunction or an order of nondisclosure, records relating to Texas arrest for either charge are matters of public record indefinitely.

View More Answers

3 Answers | Asked in Criminal Law for Texas on

Q: How do I handle a void indictment

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?

Paul Saputo Jr. answered on Apr 22, 2017

There are usually no records of grand jury proceedings. There's nothing you can do about that.

View More Answers

1 Answer | Asked in Criminal Law for Texas on

Q: What are the statue of limitations on child abuse. How long after the child being abused can u still report the incident

Paul Saputo Jr. answered on Apr 19, 2017

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 of Young... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: Can you talk to someone about an on going investigation?

Paul Saputo Jr. answered on Apr 19, 2017

Yes we can. Feel free to contact our office at your convenience.

1 Answer | Asked in Criminal Law for Texas on

Q: theft of property under $2500 2/prior conviction which made into state jail felony?

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 jumped... Read more »

Paul Saputo Jr. answered on Apr 14, 2017

The range of punishment for all state jail felonies is 6 months - 2 years in state jail. It's possible, however, that a new charge could be added from skipping bail.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: My just turned 17. He is with a girl who is in her 20's. Can she get in trouble for this? This started when he was 16.

I meant to say my son.

Paul Saputo Jr. answered on Apr 6, 2017

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 »

2 Answers | Asked in Criminal Law for Texas on

Q: My 17 year old son got into a fight with another student at school. My son hit this student. Can he be charged?

Paul Saputo Jr. answered on Apr 5, 2017

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 »

View More Answers

1 Answer | Asked in Criminal Law for Texas on

Q: I stole from a store yesterday and didn't get caught, but my parents caught me and i dont know what i can be charged

Paul Saputo Jr. answered on Mar 31, 2017

In Texas, you could be charged with Theft under Texas Penal Code Section 31.03(a). Learn more about the Theft offense here: http://saputo.law/theft/

1 Answer | Asked in Criminal Law and Traffic Tickets for Texas on

Q: Misdemeanor or not?

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 »

Paul Saputo Jr. answered on Mar 29, 2017

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, does... Read more »

2 Answers | Asked in Criminal Law for Texas on

Q: If your DNA does not match in a sexual assault case does the case have to be thrown out?

Paul Saputo Jr. answered on Mar 26, 2017

Not necessarily, but that is an extremely helpful piece of evidence.

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Employment Law for Texas on

Q: I was arrested & charged w/DWI 6 yrs ago but it was dropped & i wasn't convicted. Y is this still effecting job apps?

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 »

Paul Saputo Jr. answered on Mar 23, 2017

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.

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Texas on

Q: My dad is doing 6m at a state jail for 2 felonies. Is there a chance he won't get deported? After serving his time.

He's a non-US citizen. He was born in Mexico. The felonies are DUI and something to do with stolen property or something along those lines.

Paul Saputo Jr. answered on Mar 22, 2017

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.

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on

Q: My husband was arrested in August for a dwi and at that time it was listed as a 2nd dwi misdemeanor. He was released th

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 »

Paul Saputo Jr. answered on Mar 19, 2017

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.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: I am being accused of violating a protection order my ex took out in Kansas City MO even though I live in Arlington TX.

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.

Paul Saputo Jr. answered on Mar 19, 2017

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.

View More Answers

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Texas on

Q: If a 16 y/o has court for trespass of a motervehicle, he leaves out of state and never come back what will happen

If he was caught in a stolen vehicle, but was not the driver and had no clue it was stolen.

Paul Saputo Jr. answered on Mar 12, 2017

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.

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on

Q: I have a pending charge which is a third degree felony charge injury to a child physical abuse which never happened.

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 »

Paul Saputo Jr. answered on Mar 5, 2017

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.

View More Answers

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.