It probably depends on both the job and the charge. Charges like Theft or Assault probably have a greater impact than a traffic offense... but if the job was as a professional driver then the traffic offense might be a big problem. There are some employers that might be offended by a charge like...Read more »
What is the best way to locate a capable attorney to handle this very scary first-time charge? What are the questions to ask to ensure legal competency? Is there truly a Free Consultation for my first visit?
Some attorneys offer a "Free Consultation" but that does not mean "free legal advice." There are thousands of different types of legal problems. Some attorneys will take any case that walks in the door, but most attorneys focus on only a small sub-set of those problems.
Is it called Motion to Quash in the criminal case?
I received both summon for pre-trial and the sworn complaint from the Municipal Court recently. Based on the statue below, can I argue that I was never provided the Notice of Complaint prior to the State moved to issue Pre Trial Hearing?... Read more »
Why did the judge find probable cause? Was there a warrant? If so, the supporting affidavit should be in the clerk's file... which is a public record, so nobody needs to give you permission. However, unless you live really near the courthouse, it is probably better to just ask your attorney's...Read more »
I am very confused when I received the Summon with this sworn complaint last week. I am trying to understand the meaning "the date of any proceeding in the prosecution of the defendant under the complaint."
Does it mean the alleged offender is entitled to receive the complaint before the... Read more »
There is probably already a complaint in the court's file Ask your attorney for a copy of it. Alternatively, you could go to the clerk's office and get a copy for yourself... the entire clerk's file is a public record. Some jurisdictions make the documents available online and some will email...Read more »
I learned from the answers from Criminal Lawyers on this site not to speak to Law Enforcement without the presence of legal representation. Is it OK for me to exercise my 5th Amendment to not return the calls to a police investigation? Will I be charged not to speak to the Police?
Make sure the phone number on the court's website matches the number on the summons document. Call the court, ask to speak to a clerk. The clerk will tell you which pieces of information they need to verify the case.
Deferred Adjudication is a real a dismissal. The only way to get it is to enter a plea of guilty or no contest. Then the judge puts you on community supervision without entering a "finding" of guilt. If you successfully complete the requirements, the supervision is terminated. If you are not...Read more »
Depending on the offense, it may be possible for first time misdemeanor offenders to obtain an order of nondisclosure that will provided a limited seal of the records. Details are in the Texas Government Code here: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.0735
You are better off trying to get the case resolved in some other way that does not result in a conviction. Hiring a local criminal defense attorney will go a long way toward maximizing your chances of something other than a conviction.
Depending on the offense and your criminal history,...Read more »
The State of Texas does not offer this type of program, but the courts in some jurisdictions do. In some places there may be multiple programs, for example there might be one specifically for people charged with Shoplifting and another one for people charged with Public Intoxication... or there...Read more »
I got pulled over and had a grinder in my car. Got the citation for drug paraphernalia and scheduled my court day. Right now I am 16 but I will be 17 when I go to court. Will I be counted as a minor or adult ? Does it matter? Can I get this charge off my record?
That happens sometimes. Consider putting a recurring event on your calendar that reminds you to call them every Wednesday at 10am. If you are bad at using your calendar perhaps set an alarm on your smart phone for that purpose.
He has an affirmative defense against SEXUAL ASSAULT OF A CHILD because he is less than 3 years older. However, there is a felony named INDECENCY WITH A CHILD and another one named SEXUAL PERFORMANCE OF A CHILD that allow only a maximum of 2 years... so for those two the affirmative defense...Read more »
I received a summon for pre-trial along with sworn statement from Plano Police Detective alleging me committing a Class C Misdemeanor less than $100 theft of Service alleged occurred in August last year. I never received any citation nor was given the chance to state my side of story. Does this... Read more »
The alleged victim may give his or her opinion to the prosecutor, but the prosecutor is only required to "consider" the opinion. The ultimate decision on whether or not seek a conviction at trial will be made by the prosecutor alone. Not even the judge can dismiss the case over the prosecutors...Read more »
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