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I recently got a warrant for failure to appear and its remained without bond. My court appointed attorney assigned me a new court date & told me to go in with them to see if the judge can uplift my warrant.. is there a possibility that the judge will uplift the warrant or will I be sent... View More 
answered on Jul 30, 2021
This is a question other lawyers would probably do well not to answer. This is the kind of question to ask your attorney. He will likely be able to give you the most knowledgeable answer, even if it is that he doesn't know. No lawyer can predict what a judge will or won't do in any given... View More
answered on Jul 30, 2021
In most cases it doesn't matter if your name is misspelled. So long as it's clear that it is you that the incorrect name refers to, there's no real reason to worry about it. Now if it is misspelled in the charging instrument (e.g. in the indictment if it's a felony or in the... View More
answered on Jul 29, 2021
What kind of information are you trying to provide? The answer to that question will lead you to the people you should speak with. For example:
If you have information that might help the person with their court case, then you should try to contact their lawyer. When you look up jail... View More
And based on my current situation if I were to accept the job offer would I be able to move to McAllen? Or do I have to remain in Houston until I complete my probation?
answered on Jul 26, 2021
Yes, supervision of your probation will be transferred to the new county of residence.
The passenger admitted they were his and that she had no knowledge of them being in his possession she thinks they will drop the charges on her I disagree and think she needs an attorney it's a 2nd degree felony
answered on Jul 26, 2021
Since your girlfriend was arrested, there is very little chance that they will drop the charge against her. The fact that the passenger claimed ownership of the drugs is technically irrelevant to whether she is guilty. Temember, she is charged with possession, not ownership. In Texas and almost... View More
allegation were physical abuse, in which in the affidavit my child stated to not be true, presumptive marijuana test when i delivered my child but my baby passed all testing for drugs and mental issues but i was reported by a mental dr that i didnt qualify for mental services. the judge who signed... View More
answered on Jul 24, 2021
We hear these kinds of pleas for help far too often in Texas due to the nature of our system. I won't go into all the systemic problems which contribute to the CPS nightmare which you find yourself in. The good news is this: there is help out there. The bad news is this: the help you need is... View More
All I did was defend myself and I didn't press charges but she lied and press charges on me my lawyer said she can't beat the case but she's a court appointed lawyer do I need to get another lawyer
answered on Jul 26, 2021
Of course you need to get another lawyer when the one you have says she can't win the case.
The one helpful thought I have is that maybe, since she herself claims to have dementia, she may be incompetent to testify against you. Unless there are other witnesses prepared to testify... View More
Sons gf lives with uncle and grandma her mom lives in Mexico she had a argument they told her to leave her mom talks to me ask me to give her a place to stay three days later she went home again with uncle and grandma following day she asked me to pick her up and drop off at a store for someone... View More
answered on Jul 16, 2021
The answer is "yes", you can be charged if the police have reason to believe you are not telling the truth about how much you knew. Quit talking to the police and get a lawyer. If the police believed you, they wouldn't be threatening to try to convince the D.A. to prosecute you.... View More
I am a law student and have an email address with the term "law" in it. I am not a lawyer, however, and have never stated that I am. Is it legal for me to continue to use this email address without being a lawyer? Don't I have speech protections so long as I am not actively trying to... View More
answered on Jul 16, 2021
Mr. Darwich's answer is correct. If your question is one of intellectual curiosity, you should discuss it with your peers in law school or with one of your ethics professors.
If the answer to this question is truly bothering you, why, as a law student, haven't you done the... View More
answered on Jul 4, 2021
In criminal cases, the defendant has very little chance of having the venue of his case changed. If you can show that the alleged offense occurred in a county different from the county the case is being prosecuted in, then the case would be moved to the county where the alleged crime occurred. Or... View More
My father was charged with a felony 25 years ago from a drug charge
answered on May 19, 2021
The question is, what do you want to do about that matter? You say your father was charged with a felony drug offense but you don't mention what actually happened to the case? Did he plead guilty? Did he go to trial and lose? Or did he get deported before anything happened in the drug case? If... View More
The DA said no jail time, was not written in the write up signed by him, the judge during sentencing did not mention any jail time. After ruling, speaking to the count clerk, I was reading over and she told me it was the same conditions the judge just went over ( court was busy that day). I later... View More
answered on May 18, 2021
So, for whatever reason, you didn't have a lawyer in this case, right? Sounds like the prosecutor filled out the paperwork and failed to include the 72-hour jail stay required as a term and condition of your probation. You signed this paperwork and told the judge you had read and understood... View More
Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there
answered on May 9, 2021
Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... View More
answered on May 2, 2021
Yes, a delay in prosecution of more than 2 years might give rise to a denial of due process claim by you. A due process issue is almost always very fact-driven.
One example of a due process violation might be that the State of Texas (its police and prosecutors) failed to diligently attempt... View More
It’s been over 20 something years s
answered on Apr 20, 2021
Several years ago, at the Advanced Criminal Law Course, we had a speaker who was a federal prosecutor, I believe, and he said that we defense lawyers should not try to answer this kind of question. He advised telling clients (with your question) to call your local office of the Bureau Alcohol,... View More
How can I get out of the interlock ignition? I have a mobile interlock but I don't have a car & I'm not driving at all.
answered on Apr 4, 2021
You can file an affidavit with the court stating that you do not drive a vehicle and will not drive any vehicle unless and until that vehicle is equipped with with a court-approved ignition interlock device. Make sure you prepare and file the affidavit with the court within the time allowed for you... View More
answered on Mar 28, 2021
What happens is that every day that goes by without hiring a lawyer is a whole day you have wasted when instead you should be actively pursuing objectives that will lead to the best result possible in your case. Don't complain later about how the system screwed you if you don't become... View More
Her name is listed for renting the car and we was on our way to bring it back.How could I get charge with unauthorized use of a motor vehicle and the car was rented to my grandmother.She didn’t report her car stolen,so how could I get charge with unauthorized use of a motor vehicle?
answered on Mar 28, 2021
You need to get a lawyer and stop concentrating on how you could have gotten charged with this crime and instead start focusing on how to end up with the best result possible.
basically a he said she said case,appellant was given a plea agreement to sigh under duress by two officers that were at that time under investigation
answered on Mar 6, 2021
Usually, when a defendant pleads guilty in a case, the case cannot be "re-opened". There is no "Kings-X" in court.
However, if the defendant can establish that his plea was "involuntary" due to duress, such as improper threats or similar coercion, then a court... View More
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