Yes, supervision of your probation will be transferred to the new county of residence.

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

The defendant will have access to all the State's evidence, including the photos, usually no later than the first setting of the case in court. This first setting usually comes months before any trial setting, so the defendant will have knowledge of and access to those photos even if he/she... View More

You will not get in trouble for sending in the wrong evidence so long as you promptly notify the DA of your simple and wholly innocent mistake. The only way you'd ever get in trouble over this is if the DA believes you sent in the wrong evidence on purpose and are only trying to withdraw the... View More

Sorry, not nearly enough information to begin to try to answer your question. That said, there are some counties in Texas that use the bond system to punish accused persons, a practice that is wholly illegal. Or maybe your inmate deserves bonds a war criminal might expect.

The filing of your case is well within the Statute of Limitations, assuming that your upcoming court setting is the result of your case being filed. What the exact Statute of Limitation is in your case cannot be determined from the information you included in your question.