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2 Answers | Asked in Criminal Law for Texas on
Q: Im a student following a case. A man accused of 1st degree felony for sexual abuse to a child

the trial started yesterday. Today he plead guilty and stopped the trial. Why would someone do that when he might have gotten a hung jury or a not guilty?

Anna Summersett
Anna Summersett answered on Aug 23, 2017

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... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: My son is in jail on a $50,000.00 bond. How do I go about getting him a bond reduction.
Anna Summersett
Anna Summersett answered on Jul 18, 2017

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... Read more »

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1 Answer | Asked in Juvenile Law and Criminal Law for Texas on
Q: a 14 year old girl gets pregnant by her 16 year old boyfriend and he turns 17 in a couple of months will he be charged
Anna Summersett
Anna Summersett answered on Jul 11, 2017

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:... Read more »

1 Answer | Asked in Family Law and Criminal Law for Texas on
Q: The Father to my unborn twins, who is on parole assaulted me and charged with 3rd degree felony of C.F.V.

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... Read more »

Anna Summersett
Anna Summersett answered on Jul 11, 2017

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... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: My bf just got his 7th DWI,what are the chances he could just get probation? If not,how much jail time or anything else?
Anna Summersett
Anna Summersett answered on Jul 11, 2017

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... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: If you get a first offense dwi is a 120 days to much if you don't having any prior alcohol related offenses.

Plus if I have cirrhosis of the liver which i have to be seen at the doctor frequently and I'm required to take meds daily can't probation be offered instead of jail time

Anna Summersett
Anna Summersett answered on Jul 11, 2017

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.

1 Answer | Asked in DUI / DWI for Texas on
Q: I have a friend who was at a bar in Texas drinking. Another party said that he moved his car in the parking lot.

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?

Anna Summersett
Anna Summersett answered on Jul 11, 2017

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... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Is there a set time an interlock device can be put in your car?
Anna Summersett
Anna Summersett answered on Jul 11, 2017

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, criminal... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: What do I need to do, if I'm on probation and I get a DWI?
Anna Summersett
Anna Summersett answered on Jul 11, 2017

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... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I got a dwi on my record, I did my probation plus my class am wondering am I able to get it removed from my record
Anna Summersett
Anna Summersett answered on Jul 11, 2017

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:... Read more »

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: If I didn't give a statement but I filled a report

Can the d.a. Pick up the case?

Anna Summersett
Anna Summersett answered on Jul 11, 2017

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.

1 Answer | Asked in Criminal Law for Texas on
Q: can I drop charges on this man that slapped me when I filed them?

If I pressed charges on this guy for hitting me can I drop them?

Anna Summersett
Anna Summersett answered on Jul 11, 2017

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... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: we went to see judge to get a bond reduction, because we couldnt afford it, granted but w/gps monitor.

cant afford that, can we ask for original bond back, WITHOUT RESTRICTIONS

Anna Summersett
Anna Summersett answered on Jul 11, 2017

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.

1 Answer | Asked in Criminal Law for Texas on
Q: Will I need to hire an attorney to file a petition for Order of Non Disclosure?

Or can I fill out all required forms and send them to the court house county clerk myself if I meet all eligibility requirements?

Anna Summersett
Anna Summersett answered on Jul 11, 2017

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... Read more »

1 Answer | Asked in Personal Injury and Criminal Law for Texas on
Q: If someone said they were going to ruin your life, bring their friends to your job

And have you fired from your job, is that taken as a threat?

Anna Summersett
Anna Summersett answered on Jul 11, 2017

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/

1 Answer | Asked in Small Claims and Criminal Law for Texas on
Q: I hired a lady from craigslist to clean, she stole over $2500 in valuables plus two CC. What are my options?

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... Read more »

Anna Summersett
Anna Summersett answered on Jul 11, 2017

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... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: What lawful actions would be taken if minors broke into a Zoo and just wandered around but not going into the enclosure.
Anna Summersett
Anna Summersett answered on Jul 11, 2017

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 criminal... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Is it possible I can have a court appointed an attorney and get an outcome I am satisfied with? Comm Serv, Probation.

Poss of CS PG 3

Anna Summersett
Anna Summersett answered on Jul 10, 2017

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 judges... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Can I have a charge of criminal endangerment that was reduced to a misdemeanor sealed after 11 yrs?

Do I have to pay a lawyer or can an individual do it? I believe a writ of non disclosure needs to be filed. The case is in Harris county.

Anna Summersett
Anna Summersett answered on Jul 10, 2017

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... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I was wondering what she can expect to happen when she gets back to Texas? Will they take her probation away, will she g

My sister pled guilty to MAN DEL CS PG 1 >=1G

Anna Summersett
Anna Summersett answered on Jul 10, 2017

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!

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