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Questions Answered by Brian Foley
2 Answers | Asked in Criminal Law for Texas on
Q: Is it ever permissible for a person charged with a crime in the state of Texas did not see a judge at all

Picked up on a traffic stop miniscule amount found barely enough to test was in jail 20 hours on a weekday have to do Bond supervision everyday call in to see if I have to pay to go drug test plus pay a monthly fee to the county never having seen a judge ever never been in trouble for business... Read more »

Brian Foley
Brian Foley answered on Feb 13, 2021

It sounds like you made a bond prior to your initial appearance. The first hearing that is normally held is called an Article 15.17 hearing and a county has 48 hours to complete this hearing. If you bonded out prior to the hearing the police may have not delivered your case to the district... Read more »

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1 Answer | Asked in Traffic Tickets for Texas on
Q: My son got a citation for failure to control speed in College Station, there was absolutely no damage to either vehicle,

The car in front of him suddenly decided to stop to make a turn, there was very minimal contact between both vehicles what are the chances he could have this citation dismissed if he goes to court he is 21 years old

Thanks you

Brian Foley
Brian Foley answered on Feb 12, 2021

It is difficult to predict exactly what a prosecutor would do in particular cases. However, it is very common that young offenders who are able to show that they have fixed the damage to other's vehicles are offered either community service or other conditions to complete in return for a... Read more »

1 Answer | Asked in Traffic Tickets for Texas on
Q: I got the speeding ticket while I was travelling to school in Arlington, TX . Later I forgot to pay the fine and one day

I got the speeding ticket while I was travelling to school in Arlington, TX . Later I forgot to pay the fine and one day I got the speeding ticket while I was travelling to school in Arlington, TX . Later I forgot to pay the fine and one day I got a warrant in my name that was issued by the court.... Read more »

Brian Foley
Brian Foley answered on Feb 12, 2021

Most employers do not consider Class C offenses against applicants. Having a warrant related to traffic offenses is very common and most job applications request disclosure of criminal offenses "other than class C" offenses for this very reason. If you are asked about it indicating that... Read more »

1 Answer | Asked in Traffic Tickets for Nevada on
Q: Can my wife drive her vehicle for a few days after an attempted break-in and the side view mirror was broken off during?
Brian Foley
Brian Foley answered on Feb 12, 2021

Typically a vehicle has to have at least one working mirror under the Transportation code.

Sec. 547.602. MIRRORS REQUIRED. A motor vehicle, including a motor vehicle used to tow another vehicle, shall be equipped with a mirror located to reflect to the operator a view of the highway for...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I live in Texas my husband died last year, the loan to the our house is just in his name do i have a right to it.

Should I continue to pay off the mortgage on the house

Brian Foley
Brian Foley answered on Feb 12, 2021

If your husband died without a will and you lived in the same house then you may be able to legally inherit the home or at least a life estate in the home. This is true because of the laws of intestacy. Paying the mortgage on the house is a matter that would depend on how much you wanted to... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How can I research a cops disciplinary record to challenge his credibility as a testifying witness
Brian Foley
Brian Foley answered on Feb 12, 2021

Make a request under Article 39.14 of the Texas Code of Criminal Procedure that the District Attorney's office disclose any disciplinary records of officers that they intend to call as witnesses in the case. If you are working on the case pro se (meaning acting as your own lawyer) you should... Read more »

2 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Can police legally unlock and search my glovebox without a warrant

I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... Read more »

Brian Foley
Brian Foley answered on Feb 12, 2021

You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Hi. I was wondering what the laws were when it comes to being in a motel room.

Can the cops get permission to search a motel room from somebody that's in the motel room if it's not the owner of the motel room or not the person whose name is on the room?

Brian Foley
Brian Foley answered on Feb 12, 2021

In general a hotel overnight guest has an expectation of privacy in the room that he has rented and the hotel staff cannot consent to a search of said room by the police. If there are two people in the hotel room and one consents to the search and another does not consent then you may have a legal... Read more »

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