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...View More
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... View More
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...View More
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...View More
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.
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... View More
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...View More
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... View More
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.
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... View More
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.
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.... View More
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.
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...View More
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.
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...View More
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...View More
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...View More
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...View More
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