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Questions Answered by Walker Fults

1 Answer | Asked in Criminal Law for Texas on

Q: In Texas are police officers required to report a crime when they learn of it?

Walker Fults answered on Jul 6, 2017

Police have discretion to report, ticket, or charge someone with a crime. For example, police often see a traffic offense, and find during the course of a legal stop that they may have the legal authority to write 4 different tickets. A good police officer may only choose to write one ticket, and... Read more »

1 Answer | Asked in Criminal Law, Family Law and Patents (Intellectual Property) for Texas on

Q: Can two 17 year olds in Texas who both consent to having sex with each other be stopped from having sex by the parents

Texas is the place they both live. Both 17 years of age.

Walker Fults answered on Jul 6, 2017

In Texas, the age of consent is 17. That means 17 year olds can consent to sex, so there is no legal issue there.

However, our legal system also treats those under 18 as "minors." While living under the parents' control, minors are expected to listen to and obey their parents. However,...
Read more »

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

Q: Is communication between my husband and our son (who is 5) while he is dealing with a criminal court case a problem?

My husband of six years tried to film my sister in the shower a week ago. She pressed charges. He has a warrant out, and he is going to turn himself him. He is not living at home. He understands the gravity and is willing to pay the price and take his consequences. The video is dark - you can only... Read more »

Walker Fults answered on Jul 6, 2017

It sounds like your sister wants punishment that is bigger than the crime. What he did was wrong, but should be lose his marriage and contact with his son over it? Or should you forgive him and try to understand why he did it, and reconcile? That's for you to decide. Your sister will find her... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: If I have affidavit of non prosecution why will DA not accept on forgery charge

It is church check with three signers on the account. The signers that press charges is no longer with church and church has filled out the form of non prosecution.

Walker Fults answered on Jul 6, 2017

One a D.A. has a case, they don't like to roll over on it and give up. Even with an affidavit of non-prosecution, they will still sometimes press forward. If you feel that your case has improved but there is no movement in the prosecutor's position, it may be worth hiring an attorney to feel out... Read more »

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

Q: In Texas two 8 year old boys intentionally spray an 8 year old girl with RoundUp. 3 wks later they threaten to rape her.

Rape speaks for itself. RoundUp is a known carcinogen/neurotoxin/poison. This occurred in Texas. What are the legal consequences?

Walker Fults answered on Jul 6, 2017

This is a delicate situation because the children are so young. For that reason, I think the most probable thing is parents, school teachers, and other adults in their lives will discipline and correct the behavior without the legal process getting involved at this point.

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

Q: In mesquite (dallas, tx) can u say that you do not want to press charges once you've already said yes?

There was an incident.. my kid's dad pushed me around and choked me.. it led to me having a vruise on my arm and my hair being pulled out. that day the police came and he left so no arrests were made.. now 2 weeks later, they popped up at my dokr to do a follow up and asked if i wanted to press... Read more »

Walker Fults answered on Jul 6, 2017

Think very carefully about what you would like to do, considering the consequences of either choice. If you tell the police you want to press charges, you are helping the case against your kid's dad. If you walk back your statements and say you don't want to, you're making less noise about it.... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: I'm trying to understand the term "agency" and finding it very hard to. Please help me

I'm filling an application out to be a police dispatcher and one of the things I have to fill out on it is "have members of your immediate or close relatives have ever been arrested?" And on the bottom of it it has name/relationship, charge/offense, outcome, year, and agency. I don't know what it... Read more »

Walker Fults answered on Feb 16, 2017

In this context, it means who the arresting agency was--for example, the Dallas Police Department, Texas Rangers, United States Marshals, etc.

1 Answer | Asked in Criminal Law for Texas on

Q: I have a 16 year old son who is hanging out with a 21 YEAR old can this person be arrested

Walker Fults answered on Feb 16, 2017

Is it a girlfriend? What would the other person be arrested for? Without more information about the situation, it's hard to say. In Texas, children under 17 cannot consent to having sex--not sure if that is tacitly what you are asking.

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

Q: After having a background check ran on me for employment reasons, i find out that I have a misdemeanor traffic citation

For failure to stay in single lane which was dated 8/25/2016 yet I have not been pulled over or have I had a citation come in the mail. I dont have any idea how this was issued to me. The last time I received a traffic ticket was 2012 and that was paid and disposed. Can you tell how this could be... Read more »

Walker Fults answered on Feb 16, 2017

It could be a mistake, especially if you were never pulled over, and the ticket is for a moving traffic violation. You should contact an attorney who can help you get the matter straightened out and hopefully have the case dismissed.

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

Q: Can my daughter get arrested for having sex at school? We live in texas

I had a feeling something was wrong with my daughter... Kept asking and she confessed she had sex at school. I contacted the school to ask how can this happen. I already spoke to the boys parent as the school did not provide the resources to meet with all parties involved. I found them on Facebook.... Read more »

Walker Fults answered on Feb 16, 2017

It depends on how old the children are, but in my professional opinion, the more noise you make about this, the more likely it is someone will notice and push the issue. If your goal is not to escalate the situation, your best action is to keep quiet about it outside the house.

1 Answer | Asked in Criminal Law for Texas on

Q: If a 14 and a 13 year old have sex is it legal??

Walker Fults answered on Feb 16, 2017

It is not legal--both parties are regarded by Texas law as children, and for purposes of sexual relations, are unable to give effective consent. Therefore, this situation potentially involves sexual assault in both directions. Be careful, because these laws are strict and the penalties can be... Read more »

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

Q: Can A 19 year old get in trouble for having sex with a 17 year old ?

Walker Fults answered on Feb 16, 2017

No, a 17 year old can consent to sex under Texas law.

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

Q: Can a 17 year old boy date and have sexual relations with a 15 year old girl in the state of Texas legally?

(The 17 year old will turn 18 before the 15 year old turns 16. And may or may not have the parent's permission, if that matters)

Walker Fults answered on Feb 16, 2017

No, in Texas, someone under the age of 17 cannot consent to sex, in the eyes of the law. Having sex with someone 16 or younger is treated as sexual assault, or rape, just as if you had sex with someone who could not consent for another reason.

1 Answer | Asked in Criminal Law for Texas on

Q: If a 14 year old and a 13 year old have sexual intercourse is it legal?

Walker Fults answered on Feb 16, 2017

No. In the State of Texas, people under the age of 17 cannot consent to sex, in the eyes of the law. Both parties are actually in technical violation of the law, but in our society, a male will be treated more strictly than a female. Tread carefully; the penalties for violation of this law are... Read more »

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

Q: If a 12 yearold hits another 12 year old but does not leave marks. Does this count as assult?

And will he be charged for a crime? EDIT: year old*

Walker Fults answered on Feb 16, 2017

Technically this could be assault, but the circumstances of two children fighting could be seen by law enforcement as a schoolyard fight and not a serious criminal matter. Charging a 12 year old with assault for fighting another boy would be rare.

Whether the hit leaves a mark concerns the...
Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: If I'm not satisfied with my atty with a criminal case appeal and has been paid in full, how much is he entitled to?

He's been on the case for 2 years and still in research

Walker Fults answered on Feb 16, 2017

It all depends on the agreement you have with your attorney. Attorneys are not ethically allowed to obtain any fees that are not yet earned. However, some attorneys specifically lay out retainer "up front" fees, and many criminal defense attorneys structure their fees such that their entire fee... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: My 15yro son "tapped a girl on the butt" and now the school has filed assult charges on him with the state. What 2 do??

Walker Fults answered on Feb 16, 2017

It sounds like a minor assault charge, perhaps a "class C assault offensive contact." The State will have to prove certain elements of the crime (whatever it is, specifically), such as the element that your son "intentionally or knowingly cause[d] physical contact with another when [your son]... Read more »

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