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Questions Answered by Madolyn García Falone
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?.

Madolyn García Falone
Madolyn García Falone
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?
Madolyn García Falone
Madolyn García Falone
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?
Madolyn García Falone
Madolyn García Falone
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

Madolyn García Falone
Madolyn García Falone
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

Madolyn García Falone
Madolyn García Falone
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

Madolyn García Falone
Madolyn García Falone
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?

Madolyn García Falone
Madolyn García Falone
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

Madolyn García Falone
Madolyn García Falone
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

Madolyn García Falone
Madolyn García Falone
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.

Madolyn García Falone
Madolyn García Falone
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 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

Madolyn García Falone
Madolyn García Falone
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

1 Answer | Asked in Civil Rights and Criminal Law for Texas on
Q: I am looking for a criminal lawyer who would be available for a short consult on a possible civil rights violation in tx

Police profiling and wrongfully detained. Prosecutor brought up the existence of juvenile records (which are sealed) to further incriminate

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

You don't need a criminal defense attorney unless you're facing criminal charges (or may be soon.) If you're looking to sue regarding a possible civil rights violation, you'd want to look for a civil rights attorney or a personal injury attorney, more generally.

2 Answers | Asked in White Collar Crime for Texas on
Q: Why would I have a hundred fifty thousand dollar bond for resisting arrest
Madolyn García Falone
Madolyn García Falone
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

Madolyn García Falone
Madolyn García Falone
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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3 Answers | Asked in Criminal Law for Texas on
Q: How to get my husband out of prison wrongly convicted murder Convicted under law parties for capital murder
Madolyn García Falone
Madolyn García Falone
answered on Oct 7, 2024

This is the type of high-stakes question that can't possibly be answered online. There are so many factors at play-- you've got to contact some criminal defense attorneys (by phone) and make appointments for a consultation to get perspective on the case and see what's possible.

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1 Answer | Asked in Criminal Law for Texas on
Q: I was told that I might have a felony warrant for interfering with a felony investigation and I need to know what to do!

I was pulled over and the gentlemen that was with me evidently had a warrant for a charge for his 3rd or more dwi and I did not tell them who he was

Madolyn García Falone
Madolyn García Falone
answered on Aug 29, 2024

You can do a warrant search in the appropriate county. Call them up and ask if you have an active warrant. If you do, hire a criminal defense attorney ASAP.

1 Answer | Asked in Criminal Law for Texas on
Q: How can i fight a false possession charge with a tampering with evidence with the intent to destroy?
Madolyn García Falone
Madolyn García Falone
answered on May 7, 2024

You, on your own, can't fight it. Recall that, "anything you say can and will be held against you." You don't know the minefield that is criminal law, and everything you say will be parsed so as to successfully prosecute you. You need to hire a criminal defense attorney, immediately.

2 Answers | Asked in Criminal Law for Texas on
Q: What is taking fruit from the forbidden tree?
Madolyn García Falone
Madolyn García Falone
answered on May 7, 2024

I like the previous answer you got re: Genesis and the biblical reference. But, I think your question, given the context of the website and the "Criminal Law" categorization, may be referring specifically to illegally obtained evidence and if/how that evidence can be used in a criminal... View More

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