With regard to Criminal Law, you being there is not Criminal Trespass, regardless of your status on the lease, as long as you have lived there long enough to be considered a "resident." Is your toothbrush there? Is your mail delivered to that address?
Example: self-defense (TPC 9.31). If the trier of fact believes to the necessary standard that your actions were necessary to defend yourself from harm, are those actions no longer a criminal act, or is the action still a crime, for which the defense simply precludes prosecution?
I agree with attorney Roy Lee Warren that lack of a conviction means no criminal record, but I would point out that any arrest records would still need to be expunged before the person's record was truly "clean" again.
Your question could be rephrased, "If a person can't be convicted, does...Read more »
Do an internet search on "Texas criminal appeal timeline" to get a quick answer. If you still have questions after that call an appellate attorney, but do it quickly because the timelines are aggressive and you can easily miss your chance.
One of my family members has admitted to me, twice, that he has murdered people while he was in some type of gang. I will not get into details because they are graphic, but he told me not to tell about it. BTW, he has not been arrested for these crimes, but he has for drugs.
Perhaps, if law enforcement believes there is Probable Cause to believe he committed the offense. There are no limitations periods for Murder and Manslaughter so his prosecution would not be barred by the passage of time.
I work at a non profit organisation and there is a volunteer who did community service at my workplace and he had to complete 60 hours as per the court and after the first three or four times he came in he lost his sheet which had a record of his previous hours but i still gave him his hours but i... Read more »
You can get arrested and charged for stabbing the Tooth Fairy but whether or not the prosecutor can prove those facts beyond a reasonable doubt is another matter! It is unlikely you will get into trouble if it was only this one time for this one volunteer. If you DO get into trouble a good...Read more »
I admitted to the officer that I hit my wife in the altercation her and I had, so the Officer said to me that someone has to go to jail and I said it's going to be me (the husband) that's going into jail because I admitted to hit my wife but the officer took my wife to jail instead when it should... Read more »
This question is in the Texas forum but it says the person is asking from Ohio. This answer is based on Texas law. If the incident did not occur in Texas then nothing below applies and you need to re-post the question in the Ohio forum instead.
The minimum punishment is NOTHING since the...Read more »
The Texas puc has informed us there is no local/state or federal requiring us to take a ami electric meter yet we have to pay a opt out fee AND 30.00 extra dollars a month on our electric bill PLUS they have been charging for ami meters on our bill and they have not "deployed" them yet. We are... Read more »
The first step is to figure out what it is worth to you to maximize your chances. If the person has no priors, the offense is a State Jail Felony punishable by 6 months to 2 years in State Jail and a fine up to $10,000. Perhaps the worst part of a conviction is being forever marked as a felon and...Read more »
Don't worry, if the defendant has a decent criminal defense attorney then the search warrant will be carefully examined for defects and the existence of warrant exceptions will be properly considered. I don't want to say more than that because this sounds like it could be a homework question. If...Read more »
This is not a matter of criminal law. Talk to an attorney who practices civil law or research filing a small claims lawsuit in the Justice of the Peace court. There are multiple JP courts in most counties so figure out the proper court for the street address of the home where you did the work.
i picked up my fiancee personal possesions and signed for them an jail released them to me 2-3 days later investagator ask if i ring cell phone ack due to it was to e put in evidence locker but as not and released with personal possessions can that be done legally without telling me that i did not... Read more »
If the person has been in jail for 2 months then they almost certainly have a criminal defense attorney who you should be speaking with about this situation. The attorney will figure out what to do about the "chain of custody" problem that the property release may have created for the prosecution.
It isn't done for any valid, legal reasons. He just drinks on a daily basis, and then he gets depressed and in a bad mood. Whenever any of the tenants try talking to him about it, he goes off and throws around accusations and slander at anyone around. He has broken many laws already and is now... Read more »
A felon for what purpose? Deferred Adjudication does count as a "conviction" for the purposes of the Texas license to carry application, but there are types of cases where it stops counting after a decade. Also, if you are still on community supervision you are still "under indictment" for the...Read more »
Had a family member go to the courthouse look up case number to see if there was any charges filed and the courthouse said they did not have anything as of October 15 and I have been in jail since September 27
The people working in the clerk's office at the courthouse are not allowed to give "legal advice." Unfortunately, many of them don't really understand what "legal advice" really means so they just take everything literally and avoid offering suggestions or being helpful in any way whatsoever. When...Read more »
These incidents must go back to the mid-1990's--so did not impact my ability to get licensed in TX; but I'll be travelling regularly to OK--and don't relish an unpleasant surprise from a routine traffic stop.
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