I have a Class C Misdemeanor Drug Paraphernalia charge in Randall County Texas for which I didn't receive deferred adjudication, probation, or a fine for. I was only required to pay court fees/costs. I'm wondering if this can be expunged or if I can only get a nondisclosure. I'm also... View More 
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answered on Aug 11, 2023
In the State of Texas you CAN get that charge expunged. Probably. Texas is tough for getting expungements.
In general, you can get an expungement if the case was dismissed, you won at trial, or you were the victim of ID theft.
See Texas Criminal Law at Chapter 55:... View More
My brother was accused by his wife now ex for sexual abuse to his own 3 daughters but the yunguest daughter said she was not going to participate so there is only 2 in the case. The 3rd Attorney did the appeals both denied due to a missing information.
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answered on Aug 4, 2023
If the criminal case was dismissed outright, then you may have grounds for malicious prosecution against the ex, but not likely against the DA. That does not mean there is nothing there against the DA, but that will be toougher than against the ex.
I would like to have more facts to give a... View More
He missed his first court date 6/13/2023 because he's homeless for (4) years and doesn't have transportation, so the police found him and jailed because he had a warrant for his arrest because he missed his first court date.
question he goes before the judge 8/4/2023
what... View More
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answered on Aug 4, 2023
At the next court appearance your son will have an opportunity to have his bond amount re-set. However, if the criminal charges against him are serious, he may be held in jail until his trial date. However, if you appear and show that he will stay with you at your home, he may be released on a... View More
I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More
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answered on Jul 29, 2023
Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.
See a good... View More
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answered on Jul 28, 2023
In most DWI sentences, the defendant does about 50% of the sentence time. This number varies from many different factors, and the officials and programs, the defendant completes. If you can get qualified for a "sober house" or similar program, you can be out of jail in less than 50% of... View More
I was prescribed meds that would be much greater than the side effects of . I was charged with the crime that I have no knowledge of even happening. Am I still able to be charged if the doctor has submitted written statements stating as much? Drugs that are much stronger than the side effects of... View More
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answered on Jul 28, 2023
In Texas, there is an affirmative defense available for mental defects. However, a doctor's note is not enough to keep you from being prosecuted. You can still be charged with a crime, regardless of your medicine or prescription and it's side effects.
It can be a defense at trial,... View More
My ex husband and I split after DV and the house is empty. He refuses to pay for it or sell it because per divorce I get $50,000. Now the mortgage company is suing me for the house. When I've been begging him to sell it instead of ruining my credit. He continues to refuse. What can I do
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answered on Jul 2, 2023
This question has divorce issues and real estate issues.
The first move is to review the divorce settlement order to see if there is any recourse you can take to sell the property or force a sale. If it is not written or prohibited, you can file a partition or other real estate lawsuit to... View More
If in an initial discussion with a dui attorney (before any paperwork or contract is signed between attorney and client), the prospective client admits to hitting and runing over and killing someone who was in the vehicle with her when the incident she got the dui for happened.. is the attorney... View More
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answered on Jul 2, 2023
Payment has no impact on the Attorney-Client Privilege.
It is the things a potential client or client says to the lawyer when seeking legal advice that is protected. In your situation, you are covered.
The reason is that the system protects the truthful statements of a potential... View More
I have an email saying I owe money for 3 citations from 2009, 2010, and 2015. Am I obligated to pay?
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answered on Jun 21, 2023
A traffic Citation usually does NOT get dismissed by a Statute of Limitations ("SOL").
A SOL can keep the government from filing charges against you after a long period of time from the offending incident.
However, when you are given a Citation or traffic ticket, you are,... View More
Hello, when I was 16 years old I had a car accident with my brothers car, I didn't know he didn't have insurance at the time. Later on when I turned 18 years old, I got served with paper work saying there was a subrogation case against me for the accident. I was pregnant at the time and... View More
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answered on Jun 21, 2023
An SR-88 is usually used to renew a judgment.
If you have 10 years of non-payment, I would not do anything.
The statute of limitations on an existing Judgment in Texas is 10 years. Unless the Judgment creditor has re-filed, or renewed, the judgment becomes dormant, and usually,... View More
If he signs the affidavit. Can it get dismissed of my record and can we void the video taken?
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answered on Jun 21, 2023
NO.
The District Attorney's Office is in charge of prosecutions for crimes. That office is the only one who can drop a criminal case. The reason most domestic violence cases do not get dropped is because once it is dropped, the offender will usually commit violence again.... View More
My community service supervision officer is sending me back to court in Brazoria county Texas for my second failed UA this is for my DWI Case/ possession case
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answered on Jun 19, 2023
If you do not have a good lawyer, you better get one ASAP!
Brazoria County is notoriously strict with Deferred Adj. I would recommend getting in a drug treatment program before I go to court.
What will probably happen is that the benefit of the Def Adj., will be lost due to your... View More
I lost custody of my then 10-year-old daughter, due to a cps case opened by a letter she wrote saying that I beat her. The case was ruled unable to determine, shortly after Iwas served with child modification papers by her father. Even though I agreed that she could live with him, she was removed... View More
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answered on Jun 18, 2023
You have a lot going on. At this point you should hire an attorney if you wish to go any further with the case, or if you want to get custody. Most lawyers will tell you, that there are no guarantees in court. Y"ou can always file with the court to change the custody order or other details... View More
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answered on Jun 9, 2023
A PSI is usually used in a case where the DA and the defendant can not reach a solid plea deal. The PSI is prepared by the probation dept and is slanted towards the State. Any good defense lawyer will prepare a counter-report for the defendant. This is the last chance for the defendant to show the... View More
If a crime was committed in one county can the district attorney file charges in the county the alleged victim lives? Or would it be up to the county in which the alleged crime was done in?
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answered on Jun 5, 2023
There MUST be a nexus or connection of the crime or the criminal act within a county, for that county to have jurisdiction over a criminal case. However, where multiple acts or part of the crime is committed in multiple counties, the case can be filed in any county where an element (part) of a... View More
The ADA changed the wording of the document for the record but I was told by my public defender that they would not do so in writing as they would have to re-indict me. Is this true.
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answered on Jun 5, 2023
Mostly true.
If the DA wants to change the charges or facts in an Indictment, they need to do so in writing. In some rare cases, the judge will allow a plea to a verbally amended Indictment. This is done when you also state on the record that you give up your right to appeal.
If you... View More
I reversed down my road about 40 feet, instead of turning around. There were no pedestrians or any other vehicles on the road at the time. It's not a single lane road. I reversed the put it in drive where I made it to my friend's house to pick him up for work and I had taken keys out of... View More
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answered on May 30, 2023
There might be a violation of your Civil rights and it could be seen as an unlawful detention, and search.
But you did admit to breaking the law and driving after you smoked weed. That is enough to stop you and arrest you. It feels bad because it is weak. But I have done hundreds of... View More
Am I entitled to heirship if they never filed a survorship
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answered on May 30, 2023
If your question is whether or not, you may have an interest in the property that was owned by your dad, I would have to see the deed from which he received his ownership rights.
Nevertheless, If your dad and his wife lived at the property, while married, she probably has the right to live... View More
Im trying to get her place back home had her go to family can i get her back with me soon in how long do it take for her to be back with me i did all they asked of me
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answered on May 26, 2023
If you are truly are ready to get your child back, and have a nice place to keep her, ( his/her own room ), then you need to file in Family Court for custody.
If you have a drug habit, or other major problems, don't waste your time.
You should get a good lawyer to file for you.... View More
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answered on May 19, 2023
A Blue Warrant is one issued by Parole Board for an alleged violation of your Parole terms. The Warrant must be properly submitted and signed and approved. Whether it is for a Felony violation or a Misdemeanor violation, it is still a warrant.
There is no reason to change it, as it calls... View More
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