This can happen for any number of reasons. First, both the State and the Defense have a right to a jury trial. If the State chooses not the waive that right, then the defendant is set for jury trial regardless of whether he desires to plead guilty or not guilty. Jury trials are generally...View More
Generally, a magistrate sets the initial bond. This may or may not be writhing the bond schedule proposed by local District Judges. Once the case is filed, your attorney can present a Motion to Reduce the bond down to the bond schedule or in line with what the defendant can afford. The bond...View More
This will question will come down to consent. A 14 year old and 16 year old can be in a consensual relationship in Texas as their ages are within the 3-year allowance. If, however, this relationship was not consensual, prosecution could be appropriate. You can learn more about this offense here:...View More
Does this mean that is parole will be revoked? There is an emergency space protective order put in place for myself. I'm still very scared that he will follow through with his death threats and hire someone to kill me, if he could not do it himself. I know that it is going to trial as I was... View More
I am terribly sorry to hear of your situation. Any new offense could be a violation of his parole and he will likely already have a HOLD to answer to the Pardon and Parole Board. A trial on the current offense can proceed in a variety of ways, but likely the prosecution will want you to testify...View More
A seventh DWI would put your boyfriend in a felony range of punishment. Even at two or more prior convictions, he is looking at a Third Degree Felony DWI-Repetition with a range of punishment 2 years to 10 years. If he has a prior felony conviction, not only is he not eligible for probation, but...View More
If you do not have a prior felony conviction, then probation should certainly be an option. What jurisdiction you are in will be a big deciding factor in what an appropriate sentence is. Contact a local, experienced DWI attorney for assistance.
They said he hit their car while moving his car in the parking lot. He had been parked the entire time and in fact had called a Lyft driver to pick him up. In the meantime the other party called the cops and he was arrested inside the bar for DUI because of the witnesses. What are his options?
I am terribly sorry to hear this. He will need an experienced DWI attorney to help gather evidence such as this witness statement and present it to the prosecutor. A criminal case must be proven Beyond a Reasonable Doubt and it sounds like your eye-witness account could certainly create a problem...View More
If Interlock is required as a condition of your bond, occupational license, probation, or final conviction, you should be advised by the court on the time limit you have to install the vehicle. It can be 7 days, 10 days, or even 30 days depending on the Judge's ruling. Contact a local,...View More
If you are currently on probation, one of your conditions is to not commit an offense against this or any other state. A DWI arrest would be an allegation that you did just that. It is possible, and even likely, that your probation department will file a Motion to Revoke or Adjudicate your...View More
Unfortunately, DWI convictions are not eligible for expunction. The law will change this year to allow for non-disclosures of certain first-time DWI probation convictions, but it will not be retroactive. You can learn more about this new law here:...View More
Yes. A District Attorney can use any amount of circumstantial, forensic, or witness testimony to pursue a case. If there was sufficient evidence even without your statement, the DA could choose to file and prosecute. Contact a local, experienced attorney for more assistance.
Once a case is filed, the State of Texas also becomes a victim and can pursue the charges with or without your cooperation. However, it may assist the case for the prosecutor or police department to understand your position and that you do not wish to pursue prosecution. You can learn more about...View More
This is always a double-edged sword as a reduced bond is great, but GPS monitor are sometimes prohibitively expensive. You will want to contact an experienced, local attorney to assist you with this request.
You can attempt to do this on your own, but is not advised. You really get one shot at this being correct so you want to make sure it is handled the right way the first time. There may be District Attorney approved workshops in your area that you could attend to become educated in the process...View More
It could be considered a Terroristic Threat, which is a misdemeanor offense, but the issue you would have is with the imminency requirement. To learn more about this offense, visit https://www.versustexas.com/criminal/state-crimes/misdemeanors/terroristic-threat/
I hired a lady from craigslist to clean my apartment in April 2017. She brought a guy with her. During the next couple days I noticed some of my items were missing. My engagement ring and wedding band, a star sapphire ring, 3 pairs of earrings, Ralph Lauren sunglasses, and two credit cards. My... View More
If they entered your home with the intent to commit theft, they could be charged with Burglary of a Habitation. Otherwise, it is a simple Theft case and the range of punishment would depend upon the value of the property stolen. The items you described, put them well in the State Jail Felony...View More
Most likely, this would be considered Criminal Trespass. That is a Class B misdemeanor with a range of punishment up to 180 days in jail and up to a $2,000 fine. Because the term "minors" is used loosely, please note that a person 17 years of age or older is considered an adult for...View More
No search warrant issued. Says she pulled me over because I looked suspicious. I am a struggling addict that needs help with my addiction, not a violent criminal. I may lose my wife if I go to jail.... View More
It is possible. Depending on your jurisdiction, court-appointed attorneys can be selected from a wheel of local defense attorneys or assigned from a county Public Defender's Office. All defense attorneys providing services to indigent defendants should be experienced and approved by local...View More
If your criminal case resulted in a final conviction, you are extremely limited in your options. If you were placed on deferred adjudication and completed that probation successfully, you may be eligible for a non-disclosure. To ensure this is completed with the best chance of being granted, you...View More
My sister pled guilty to MAN DEL CS PG 1 >=1G<4G back in September 2015. She received a Deferred Adjudication of 5 year probation. Her probation was transferred to New Mexico for her to complete. In November 2016 she got a DWI. She pled guilty in May 2017 and received another year of... View More
If your sister was placed on probation for MAN DEL CS PG-1 it will be up to the complaining jurisdiction to determine if they will transfer her probation to Texas. She should not move without approval from her probation department. Hope this helps!
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.