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Questions Answered by Paul Saputo Jr.
2 Answers | Asked in Criminal Law for Texas on
Q: What is TEXAS PENAL CODE 22.011(a)(1)
Paul Saputo Jr.
Paul Saputo Jr. answered on Mar 4, 2017

That is the Texas sexual assault law. Specifically, this part of the law deals with nonconsensual sexual acts, or "rape." Learn more at https://saputo.law/sexual-assault/

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2 Answers | Asked in Criminal Law for Texas on
Q: Curious about the laws on the DA destroying evidence that could prove my innocence.

The gambling establishment I worked at for 1 day was raided. I was charged with 6/10ths of a gram. There was video recording up until the cops knocked down the cameras. And it clearly would prove I'm innocent. Along with a signed deposition from a witness. But the DA has destroyed it along with... Read more »

Paul Saputo Jr.
Paul Saputo Jr. answered on Mar 2, 2017

If the District Attorney destroyed evidence, that is a severe abdication of their duties, a violation of your constitutional rights and likely a crime in itself. If you're asking whether they are allowed to do this, the answer is that they are not allowed to do this.

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1 Answer | Asked in Civil Rights, Criminal Law and Family Law for Texas on
Q: What can I do when I am told by a family member that they filed a restraining order after I had called the police

I was attempting to initiate the sale of a firearm that was being held by my father, it was purchased and was legally in my name. I only asked the police to mediate and they agreed because he refused to give it to me. Without having spoken to any member of my family - there was an eventual... Read more »

Paul Saputo Jr.
Paul Saputo Jr. answered on Mar 1, 2017

I suggest you look at the options on the website of the Texas State Bar: https://www.texasbar.com/AM/Template.cfm?Section=Can_t_Afford_an_Attorney_

1 Answer | Asked in Criminal Law for Texas on
Q: Do you still have to pay your bonds after you've finished with court and have been served with judicator probation
Paul Saputo Jr.
Paul Saputo Jr. answered on Mar 1, 2017

One you have been sentenced to deferred adjudication probation, your case is no longer active, and you are no longer out on bond. If you still owe a bond company money, then you need to finish paying them. If you posted a cash bond directly to the court or sheriff, then you can apply to get that... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: I had 2 months left on probation and I got a violation. It's passed my probation expiration date wat to do
Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 27, 2017

It sounds like you're saying the state filed a motion to revoke your probation before your probation was over. You will be entitled to a hearing on the motion to revoke. You should hire a lawyer to represent you in that hearing. It doesn't matter that your term of probation has now expired.

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1 Answer | Asked in Criminal Law for Texas on
Q: If i am pending a court hearing in a few days and it is a criminal charge is it a possibility to have it postponed?
Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 26, 2017

It depends on the rules in the particular court where you have the hearing. In some counties, your lawyer can push the court date back or simply attend the court date for you. This is much more typical for a misdemeanor charge than a felony charge.

2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: (denton) Charged w/2nd DWI &Retaliation--- for obnoxious drunken verbal chatter??

Is this "Retaliation charge" something new that Tx is beginning to add onto DWI arrests?? I had absolutely No Idea that being obnoxious, could carry such a heavy penalty charge. Am I really facing serious TDC sentencing??

thanks for your help

dee

Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 24, 2017

DWI 2nd is not a felony offense in Texas, and you cannot receive a TDC sentence for it. The state has to prove that you were intoxicated, not simply that you were being obnoxious.

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1 Answer | Asked in Criminal Law for Texas on
Q: Can a 21 year old be prosecuted for having sexual relation with consenting 17 year old in Texas?
Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 23, 2017

Yes, absolutely. The 21 year old could be prosecuted for Sexual Performance by a Child in Texas. Please look at my page about this offense here: https://saputo.law/sexual-performance-by-a-child/

1 Answer | Asked in DUI / DWI for Texas on
Q: I have 4 DWI's,and went to prison. My last 1 was 9 years ago,but I just got another one. Can they enhance it to habitual
Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 18, 2017

There are two different "enhancements" that you might be concerned about. The first related to the the charge itself - it will likely be charged as DWI "3rd or more" because of the prior DWI convictions. It may also be able to be enhanced because of the prior felony coviction and prison sentence.... Read more »

1 Answer | Asked in Federal Crimes and Criminal Law for Texas on
Q: I received a letter from the ADA stating dismissal of my indictment. Is this immediate since it is pre trial.?

Does a judge have to approve the ADA's letter of dismissal?

Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 18, 2017

If the indictment has been dismissed, there is nothing for a judge to approve. It can't technically be "immediate" because it is already over.

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: Is it possible to get a misdemeanor probation revocation warrant lifted without jail time?

I was to wait for information to come in the mail on where to report after getting probation transferred to Dallas and it never came.

Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 18, 2017

In general you have to appear before the judge that put you on probation in order to get a probation revocation warrant lifted. The judge doesn't necessarily have to book you into jail in order to lift the warrrant, but that is typical (and depending on the charge and circumstances, it may be... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Hi, my son in Cisco Texas was held captive in his home on 2/6/2017 by 3-4 men and he was charged when police arrived.

He barricaded himself in his bathroom for 6 hours and finally broke out a window at the first sign of daylight. A neighbor called police for him but the men had left before they arrived and they don't believe his story. The police found a small amount of marijuana and a pipe and charged him with... Read more »

Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 14, 2017

You should strongly consider hiring an attorney to defend him, and his attorney may hire a private investigator to look into the situation.

2 Answers | Asked in Criminal Law for Texas on
Q: I'm 16 yrs old and im pregnant the father of my baby is 22 yrs old will there be any problem with the law ?

Both our parents agreed to our relationship .

Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 14, 2017

The applicable Texas criminal laws include Indecency with a Child, Sexual Assault and Sexual Performance by a Child. Based on your description, it seems that there may be a violation of all three.

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1 Answer | Asked in Criminal Law for Texas on
Q: If my boyfriend is harming me and my unborn child by putting his hands on me how can I get him in trouble ?
Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 9, 2017

You can call the police to report a crime.

3 Answers | Asked in Criminal Law for Texas on
Q: I was charged for Misdeameanor B Theft, will it be on my record right now, before I get convicted?
Paul Saputo Jr.
Paul Saputo Jr. answered on Feb 1, 2017

It is a matter of public record that you have been charged. The courts and law enforcement agencies will publish it according to their own rules and policies, and if someone looks for it where it is published, it can be found.

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2 Answers | Asked in Criminal Law for Texas on
Q: If I am 19 years old can I get in trouble for fighting a 17 year old ?
Paul Saputo Jr.
Paul Saputo Jr. answered on Jan 25, 2017

Yes you can. Take a look at our page about assault. http://saputo.law/assault/

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1 Answer | Asked in Criminal Law, Medical Malpractice and Wrongful Death for Texas on
Q: How can I find a lawyer who will do my case pro bono?

I mainly need a lawyer for my criminal cases I have pending. However I do have questions about what my family needs to do to get justice for my dad who recently past and it was declared 100% preventable, and was a result of medical negligence. Please advise me on how to find a lawyer. Thank you.

Paul Saputo Jr.
Paul Saputo Jr. answered on Jan 19, 2017

If you can't afford a lawyer in a criminal case, the court will appoint you a lawyer.

2 Answers | Asked in Criminal Law for Texas on
Q: Could I get my charge dropped because the cops never read me my rights?

They never read me my rights or even said that I was under arrest, they just told me to "turn around," and I automatically put my hands. They came into my hotel room and I gave him permission to search it and they found drugs in my friends bag so I knew I was potentially going to get arrested but... Read more »

Paul Saputo Jr.
Paul Saputo Jr. answered on Jan 19, 2017

Unfortunately, it's not that simple. Your rights under Miranda basically only apply to custodial interrogations. You're going to want to get a lawyer to review the video tape and police report.

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2 Answers | Asked in Criminal Law for Texas on
Q: Is a witness giving testimony during trial permittted to converse with a witness that hasn't given testimony?

Both witnesses are for prosecution & were arresting officers on felony case being heard by jury. They were seen by defendant talking to one another in parking lot while court was in recess. Defense attorney was informed but said nothing to judge when court was back in session.

Paul Saputo Jr.
Paul Saputo Jr. answered on Jan 19, 2017

They should not be allowed to discuss anything related to their testimony.

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2 Answers | Asked in Criminal Law for Texas on
Q: If differed adjudication probation is revoked will it still get dismissed?

I was revoked for not completing community service on time, the judge had me serve 5 days and an 6 month extension of probation is it still differed adjudication probation?

Paul Saputo Jr.
Paul Saputo Jr. answered on Jan 19, 2017

No. If your deferred probation has been revoked, then that means that a judge has found you guilty.

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