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Questions Answered by Anna Summersett
2 Answers | Asked in Criminal Law for Texas on
Q: Can I refuse to submit a UA will out on bond? While waiting to see if I am indicted?

I am awaiting to see if I will be indicted for a drug charge, however the judge is ordering bond supervision and drug test however I feel like they are using any bad UA's as evidence to present to the jury that will decide if i will be indicted. When I refused the judge revoked my bond and is... View More

Anna Summersett
Anna Summersett
answered on Dec 5, 2014

If you fail to comply with reasonable conditions, like provided a clean urinalysis, then your bond can be, and was, held insufficient. If you cannot afford an attorney, one WILL be appointed to you. However, when you make a significant bond, the attorney appointment office may consider that... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: I was convicted on a charge of deadly conduct discharge of a fire arm /habitat/individual, but realy all I did was shoot

T in the air ,, can any thing be done bout this ??????

Anna Summersett
Anna Summersett
answered on Dec 5, 2014

I have attached the Penal Code requirements for Deadly Conduct below. Based upon the facts you gave, you seem to satisfy the necessary elements for felony deadly conduct. I would have to know the specific facts of your case, however, to give a legal opinion. Good luck.

Sec. 22.05. DEADLY...
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1 Answer | Asked in Criminal Law for Texas on
Q: If my 15 year old friend moves in with me with her parents permission, can i be in any legal trouble? Im 18.
Anna Summersett
Anna Summersett
answered on Dec 5, 2014

If your "friend" is a person with whom you have a sexual relationship then you need to make sure your ages within three years of each other down to the day and that all sexual encounters are consensual. If you are outside of three years, then you could face criminal charges for Sexual... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If my son was arrested just because the police "want him locked up," can it be proven at a jury trial?

He was walking home, in the company og a young man that had just committed a robbery, and who had the victim's property on his person.

My son wasn't involved in the crime.

Anna Summersett
Anna Summersett
answered on Dec 5, 2014

Your son can be arrested if there is probable cause to believe he was a party to a criminal offense. Learn more about probable cause by following this link: http://versustexas.com/criminal/was-i-illegally-arrested/. Once arrested, your son will have to make bond or stay in jail until released on a... View More

1 Answer | Asked in Criminal Law for Texas on
Q: my boyfriend was charged with two counts of burglary of a habitat while on probation for a dwi. what punishment will he
Anna Summersett
Anna Summersett
answered on Dec 5, 2014

Burglary of a Habitation is a 2nd Degree Felony punishable by 2 to 20 years, but can be enhanced to a First Degree 5-99 years with one prior felony pen trip or to Habitual Offender 25-99/Life with two prior felony pen trips. Learn more about this offense here:... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Does the absence of the last name of the " Defendant" invalidate the complaint
Anna Summersett
Anna Summersett
answered on Dec 5, 2014

Not necessarily. In Texas, you need to be readily identified in the information, but that can be by birth name, true name, nickname, or even name unknown and physical description. As long as you are identified in court as the same person alleged in the indictment, and the indictment is specific... View More

1 Answer | Asked in Criminal Law for Texas on
Q: A detective emailed me"Please have your attorney contact me as soon as possible in reference to additional charges."

I am out on bond for 2 felony charges and I am worried. My attorney told them to contact them a long time ago what should I do?

Anna Summersett
Anna Summersett
answered on Dec 5, 2014

If you already have an attorney, you should call them immediately to determine if there are any warrants for your arrest and what, if any, new charges you can expect.

1 Answer | Asked in Criminal Law for Texas on
Q: MY BF HAS BG HE DID 9 YRS N JUST PICK UP 1 FOR DWI W/IN DANGER OF A CHILD ITS A FELONY WHAT CAN HAPPEN WILL HE BK TO JAI

ITS HIS FIRST DWI BUT SINCE HE WAS WITH OUR DAUGHER IT WENT TO A FELONY WE HAVE A LAWYER AND WE HAVE A PRETRIAL I WILL JUST LIKE THAT TO KNOW THE POSSIBILITIES

Anna Summersett
Anna Summersett
answered on Dec 5, 2014

If you already have an attorney, you should speak with your hired attorney first and foremost. They will be able to provide legal advice in this area. If you simply want to read and learn more about the law on DWIs with Child Passengers, visit this page for additional information:... View More

1 Answer | Asked in Criminal Law for Texas on
Q: When a law enforcement officer begins to search an individual, do they have to state probable cause prior to searching?
Anna Summersett
Anna Summersett
answered on Dec 5, 2014

If you are legally stopped, an officer can search you in one of four situations: with your consent, pursuant to a Terry frisk pat down over your clothes for officer protection, pursuant to probable cause that a crime was, is, or will soon be occurring, or as part of the booking procedure to jail.... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is it legal for the police officer who stopped me to put her hands down my pants and up my shirt under my bra?
Anna Summersett
Anna Summersett
answered on Dec 5, 2014

Being stopped by the police and subsequently searched is never a pleasant experience. An officer can illegally stop you in three situations: in a voluntary encounter, with reasonable suspicion, or with probable cause. Here is a good summary: http://versustexas.com/criminal/can-police-stop-me/. If... View More

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