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Questions Answered by Madalina Garcia
1 Answer | Asked in Criminal Law for Texas on
Q: Arrested for aggravated sexual assault based on unknown accusations, now in jail with high bond, no legal representation.

I was arrested for aggravated sexual assault based on accusations from someone unknown to me. I have had no previous interactions with law enforcement related to this crime. Currently, I am in county jail with a very high bond, and I have been told I can't get legal representation. What should... View More

Madalina  Garcia
Madalina Garcia
answered on Mar 12, 2025

You have a right to legal representation, though you may not qualify for a court-appointed attorney/public defender. In that case, you will need to hire a private criminal defense attorney. Obviously, a charge of aggravated sexual assault is extremely serious and carries the penalty of decades in... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Health Care Law for Texas on
Q: How can terroristic threat charges be dropped due to medical issues?

I need help understanding how charges of terroristic threats against my husband can be dropped. He has severe medical issues affecting his mental state. He was admitted to UTMB with septic emboli and other complications. He left the hospital while paranoid and irrational, and after being found in a... View More

Madalina  Garcia
Madalina Garcia
answered on Mar 10, 2025

Your husband is facing current legal issues regarding the terroristic threat-- it sounds like charges have been filed against him and a warrant has issued for his arrest. Those legal issues need to be handled by a criminal defense attorney because there are overwhelming credibility concerns at play... View More

3 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Potential sentence for husband charged with murder in self-defense case in TX?

I would like to know what potential sentence my husband might face. He is awaiting trial after being charged with murder. The incident involved a person repeatedly ramming his car. My husband shot the person in self-defense, but did not initially report the incident to the police and was later... View More

Madalina  Garcia
Madalina Garcia
answered on Mar 4, 2025

Your husband is facing life/99 years in prison. "Self defense" is an affirmative defense, meaning it needs to be plead and proven. The stakes are extremely high and the case will be particularly rough regarding your husband not proactively reporting the incident. He gets one shot at... View More

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2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: Question around wife shoplifting case - Need recommendations

In Texas, wife caught shoplifting and was arrested value $255, I bond her out and waiting for her court date, she is 1st time offender & she is on H4 Visa. would like to discuss few options how to best handle this situation

• Can we request department store to drop charge by... View More

Madalina  Garcia
Madalina Garcia
answered on Feb 10, 2025

You’ve got a lot of questions here, but the ultimate answer is that you need to *call a lawyer*, have a consultation with them to get the answers and perspective you need, then hire that lawyer to defend your wife. The stakes are much higher considering her immigration status.

The store...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Being charged with block 911 called but the verzion has no records of any called being made
Madalina  Garcia
Madalina Garcia
answered on Feb 5, 2025

Interfering with a 911 call can happen in various ways, not just hanging up the phone when someone has successfully called 911. If the defendant allegedly snatched the victim’s phone away, for example. Especially if your charges came in the context of family violence allegations, you need to hire... View More

2 Answers | Asked in Criminal Law for Texas on
Q: So the judge can set the amount of bail to what he wants. Is There's no legal limit??

Is there not a certain amount

Madalina  Garcia
Madalina Garcia
answered on Nov 25, 2024

Bail is set using various guidelines, which vary a bit between jurisdictions. The bail amount has to be reasonable when considered in light of the severity of the crime, but bail will also be higher if the defendant has a substantial criminal history, especially one that includes bail jumping. Bail... View More

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2 Answers | Asked in Family Law and Criminal Law for Texas on
Q: If abuse causing bodily harm of family members charges are dropped will the accompanying protective order be erased

his wife made the accusation. Now he wants to file for divorce but he doesn’t want to do it with anything on his record

Madalina  Garcia
Madalina Garcia
answered on Nov 13, 2024

A protective order is a civil order, not a criminal one, and it isn't impacted by the underlying criminal charges being dropped. A protective order can be filed without any criminal charges being filed, or in conjunction, but they are completely separate. Both the husband and wife should... View More

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2 Answers | Asked in White Collar Crime for Texas on
Q: Why would I have a hundred fifty thousand dollar bond for resisting arrest
Madalina  Garcia
Madalina Garcia
answered on Nov 13, 2024

Atty. Wymyczak-White is correct. While the bail amount seems quite high, many factors go into a judge's decision regarding what bail should be, and there are guidelines. If you have a substantial criminal history, or egregious underlying charges related to the resisting arrest (like you have... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: I received victim impact request from DA from a fight I had with my husband. Now he wants me to call DA?

I don’t feel like I am a victim I started the fight and ended up taking a shot at him b4 he left after hearing that our boss was on way and had called the cops. The paperwork the DA office mailed me said I had to take a free class if I wanted opportunity to not have my husband charged. So I... View More

Madalina  Garcia
Madalina Garcia
answered on Nov 13, 2024

You shouldn't feel pressured to call the DA, and you don't have the ultimate power to drop the charges anyway-- the DA does, and there's no guarantee that they will. It may be helpful to take the free class they're offering, but fundamentally it's your choice whether you... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: What should he expect during his pretrial hearing?

I filed assault on my boyfriend. Then they enhanced it to aggri ated with deadly weapon. The next day I filed a affidavite of non prosecution with the DA. The state picked it up and a year later received letter that grand jury indicted him. He is now scheduled for pretrial. What should he expect?.

Madalina  Garcia
Madalina Garcia
answered on Nov 4, 2024

He may be asked to enter a plea, or answer information pertaining to whether he's interested in making a plea deal. If he has a lawyer, his lawyer should handle all of that and guide him through it. If he doesn't, he sorely needs a lawyer. Aggravated Assault with a Deadly Weapon (in a... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I received a Deferred Adjudication Proforma for a class c misdemeanor (assault/no fv). What does this mean? Conviction?
Madalina  Garcia
Madalina Garcia
answered on Oct 7, 2024

Deferred adjudication, pro forma, generally means that the court just wants you to keep out of trouble and then they won't move forward with a conviction in your case. That said, you ought to contact the court and figure out the specific parameters you need to abide by-- how long is the period... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Deferred Adjudication judgment states under special findings “No Affirmative Family Violence”. What this means?
Madalina  Garcia
Madalina Garcia
answered on Oct 7, 2024

This means that the judge in your case determined that there was no family/"domestic" violence as an element of your case. That's a very important and beneficial thing, because finding of family violence present obstacles to getting charges expunged/non-disclosed, they create issues... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: DA is assessing whether to press charges on a case in which complainant lied. How can my brother get ahead of it?

My brother is currently serving at an TDCJ ISF for 90 days for parole violation . We just found out that DA may be considering pressing charges against him on a case in which the other party lied to police about domestic violence, has since completed an affidavit attesting that their original... View More

Madalina  Garcia
Madalina Garcia
answered on Sep 20, 2024

The only way to meaningfully address the issue is to hire a criminal defense attorney. Sometimes, if you catch a case before criminal charges are formally filed, a defense lawyer can convince the DA not to file the case at all. There isn't a lot of time to waste, though. You'll need to... View More

1 Answer | Asked in Domestic Violence for Texas on
Q: assault family violence case where I was arrested even though I’m the victim. I have provided my court appointed attorne

attorney with multiple videos of her coming up and hitting me unprovoked and being the aggressor every time and I’m still being punished. It seems like he’s helping the DA instead of me. What can I do? I also have multiple witnesses who are ready to testify against her and he’s basically... View More

Madalina  Garcia
Madalina Garcia
answered on Sep 7, 2024

If your court-appointed attorney isn't giving you a defense you're comfortable with, then you're absolutely free to hire a private criminal defense attorney. No attorney-- appointed or private-- will be able to guarantee any particular outcome. That said, because you get to choose... View More

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: Can a city employee file charges for disorderly conduct against someone using foul language?

I am an employee for a city in Texas. I have been repeatedly harassed by one of the residents. Today, while taking a walk during one of my breaks, the resident pulled up next to me, slowed down, and started shouting swears at me. I know that Police Officers cannot be "offended" by foul... View More

Madalina  Garcia
Madalina Garcia
answered on Aug 29, 2024

Other citizens aren’t pressing charges, only DA’s offices can do that. And while it’s annoying to deal with someone shouting curse words at you, it’s harder to establish whether that’s actually illegal conduct. You can report that behavior to the police and let them know that it’s... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If a felony charge on my record says deferred, is it still a conviction?

If not does that mean I can put that I have not been convicted on a job application?

Madalina  Garcia
Madalina Garcia
answered on Aug 14, 2024

We don't know what your criminal record says, or what the context is. That said, deferred adjudication, by definition, is not a conviction. Deferred adjudication is when the court agrees not to convict you for the crime you've been charged with so long as you can stay out of trouble in... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: can a family assault strangulation charge charge/worsen if the victim is a minor and he’s still awaiting pre trial

he is 25 and i am 17 we’ve been together for a year and i did not call it in it was a traffic stop where i was bleeding and found in the car with him. he also got caught with hard drugs. i said i did not want to press charges but the state did anyways

Madalina  Garcia
Madalina Garcia
answered on Aug 14, 2024

If by "we've been together for a year" you mean that you, then 16, and he, then 24, have been in a sexual relationship, then yes-- things can certainly get worse for him because he can be charged with various sexual crimes against a minor. I can picture the charges being aggravated... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: How can you find someone to help get a bond reduced especially when the bond is way excessive

The bond is set at $1 million dollars for a first time ever getting into any trouble. Has no prior record and has not seen a judge at all. Also like how much does it cost

Madalina  Garcia
Madalina Garcia
answered on Aug 14, 2024

There is no guarantee that bond will be reduced as the result of hiring a lawyer because the bond isn't set by the lawyer, so the lawyer doesn't have the ultimate power to reduce it. That being said, a lawyer can consult with you and give you a better picture of what they believe they can... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Is it possible to have charges dropped from someone? The charge is Felony aggravated assault w/ a deadly weapon.

I am the victim in the case and I don't want the person to go to jail/prison or get prosecuted.

Madalina  Garcia
Madalina Garcia
answered on Aug 14, 2024

You can file what's called an "Affidavit of Non-Prosecution," which is basically you telling the DA's office/prosecutor that you aren't willingly going to cooperate in the investigation and prosecution of the crime in question, and that you would like to see the charges... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Family Violence - Pretrail Diversion Program Eligibilty

Is a first-time defendant charged with a family violence misdemeanor in Denton County, Texas, eligible for a pretrial diversion program, particularly when the alleged victim has a pending sexual assault charge against them that is soon to be presented to a grand jury? If eligible, would the... View More

Madalina  Garcia
Madalina Garcia
answered on Jan 17, 2025

Yes, there are various pretrial diversion programs that might be applicable to the case, as well as other favorable outcomes for the defendant. Depending on what the evidence shows and what is compelling to the prosecutor on the case, this may even be a case that merits dismissal.

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