Everyone has access to the records unless they are sealed. Courts and law enforcement have access to sealed records, and so do the types of people listed in section 411.0765 of the Texas Government Code which you can view here: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.0765...Read more »
I was unaware of what had happened prior to them getting to the house. I went to the bathroom my friend was using at the time to pick my purse up off the ground. I closed the door and when I went for my purse, he kicked the door open to the bathroom and it hit me in the face. I never press charges... Read more »
The prosecution MUST give a defendant discovery if he or she makes a request in accordance with 39.14 Texas Code of Criminal Procedure. "We don't do that here" and "this is our standard discovery package" are not valid responses to a timely request. In fact, a class C...Read more »
You're probably looking at a Motion to Vacate / Request to Modify rather than an appeal. If the judge won't agree to vacate then the request to modify gives you a backup of simply removing the no-contact and keep-away conditions... that leaves VoPO on the table in case of future...Read more »
I feel my attorney has waived my right to fair and speedy trial. I have not consented to this and he has not informed me that he has or not. But being that I’ve been in this case over 2 years, going on 3 I feel that this is the case. I am looking for an answer to this question due to the fact... Read more »
The law does not require a specific number of days or months. You DON'T have a right to a speedy trial until formal charges are filed, which for felonies means a grand jury indictment... but the clock on the statute of limitations does tick, and that does have a specific timeframe defined in...Read more »
My brother was stopped and searched and nothing but s blunt was found in him. When was then took to jail finally. The cop did a very thorough search of his ride and found nothing else. He was them arrested and took to county jail. Over 6 hours later the law comes back to the jail and says he found... Read more »
When they are in charge 400 a week on the neighbors said telling me that they have brought me I'm so I'm trying to think should I make them serve me court papers and say cuz they're still trying to charge me
This sounds like a matter of civil law rather than criminal law. This type of dispute does not typically become criminal unless there is an accusation of trespassing or property damage. Even an eviction, if they go that route, is a matter of civil law. It may be faster, easier, and cheaper to...Read more »
I have had an assigned lawyer for 11 months. During that time she has been extremely uncommunicative, not answering any requests for info about my defense. Not confirming that she receives my calls or emails. She has not done anything in my defense to prepare for trial. Last week, prior to a... Read more »
It sounds like you have already taken the proper steps by documenting your communications and approaching the judge. Many court-appointed lawyers are overworked and underpaid. Client communications are time-consuming and are not always helpful to the attorney's preparation of a defense....Read more »
My husband was told he was going to receive a subpoena to witness in an up coming trial. They also told him they might not use him at all. I thought subpoenas had to have dates and times, etc. declaring when someone will have to testify. Please help me understand.
A regular subpoena is a court order to appear and be prepared to give honest testimony. A subpoena duces tecum is a court order to provide evidence (typically documents) and it may specify a deadline that is before whatever trial or court setting where the evidence might be used to give the...Read more »
I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.
The prosecutor is not REQUIRED to drop the charges against the other person but it would be foolish not to drop them unless your retraction did not cover all of the criminal behavior alleged against the other person. For example, if your retraction statement said "he threatened to chop me up...Read more »
Most criminal law cases are resolved without a trial. Sometimes the charges are dismissed by the prosecution and sometimes there is a settlement agreement between the prosecution and defense. A case may also be dismissed by a judge over the prosecution's objection, but that only happens in...Read more »
A family member was drinking and was mad at me. They call 911 and accused me of beating a child (not true at all, police didn't even ask to see the child). The family member then threatened to kill me on the 911 call. Isn't that considered a terroristic threat, or at least domestic... Read more »
Maybe. Maybe not. It depends on the context for the threat and the INTENT of the person making the threat rather than the feelings of the person who received the threat. For example, if the person's purpose was to motivate the 911 operator to send officers to a fake emergency it would be a...Read more »
Can you buy ice cream at Mcdonald's? It's on the menu but the real answer is: Maybe. Maybe not. Do they actually have any or are they sold out? Is the ice cream machine even working today or is it broken again? Are there any employees on the current shift that know how to operate the...Read more »
Many years ago a man broke into my parent's home and murdered my younger brother. His murderer tried to kill my younger sister by stabbing her multiple times - she survived. The case grew very cold and the man was not found for several years until he was arrested for DUI, then fingerprints... Read more »
I am sorry for your family's loss, but I do not believe the courts are capable of providing the closure you seek. The limitation period for criminal attempt is the same as that of the offense attempted. 12.03(a) TxCCP There is no limitations period for murder. 12.01(1)(A) TxCCP. That said,...Read more »
One of the most common conditions of probation is to "commit no offense against the laws of this state or of any other state or of the United States" so, if he has that condition then he may have already violated the terms of his supervision. Whether his probation is revoked because of...Read more »
He was on probation for felony drug charges was arrested got on probation went on the run was arrested again then again got on probation this was his final year on probation he was going to pay it off when he got his taxes but he relapsed became homeless and now is in jail with theft greater then a... Read more »
If you have the resources to hire him a better attorney than a court-appointed then you could do that. If you can't afford that, you could still make his life more comfortable in jail by depositing smaller amounts of money into his spending account at the jail... this is sometimes called...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.