Most people don't understand that the Statute of Limitations doesn't control how long a case can be pending before trial. It only controls the time period that the government has to file formal charges after an alleged crime. If they wait too long to file charges then the court loses... View More

In my experience as an attorney, it is easier to get misdemeanors dismissed... and you need it ALL dismissed to be eligible to have the arrest records expunged. Deferred adjudication is not good enough... a reduction to a class C misdemeanor is not good enough... its gotta be all dismissed or the... View More

A restraining order requires the existence of a civil lawsuit pending between the parties, and it expires when the lawsuit ends. So that's not appropriate to your situation unless there is some sort of active lawsuit involving the two of you on opposing sides.

A dating violence... View More

Become an attorney. Anyone can represent themselves but only an attorney can represent someone else.

They could say you killed the Easter Bunny but they'll have to prove it beyond a reasonable doubt unless you enter a plea of guilty or no contest.

Note: Saying you had a felony arrest or charge is not the same as saying you had a felony conviction.

This is the sort of situation that can blow up in your face because something will get missed and you will get blamed... because it is your responsibility to attend all required court appearances and obey all conditions of bond regardless of your attorney's inaction. You should probably... View More

Court-appointed attorneys are overworked and underpaid just about everywhere. Your best bet overall is probably to hire a local criminal defense attorney who DOESN'T accept court appointments. However, not everyone thinks they can afford that... but can they afford prison?

Anyway,... View More

You can get CHARGED with assaulting the Tooth Fairy if an officer believes you did it. The fact that the Tooth Fairy isn't actually real is a great defense at trial, if a case like that actually got that far, but that won't prevent an arrest if the officer is convinced he has probable... View More

The first thing your attorney will probably try to figure out is whether the officer had reasonable suspicion to stop and search in the first place, because if there wasn't a good reason to pull you over, or there wasn't a good reason for the traffic stop to turn into a drug... View More

This does not sound like a crime but rather a contract dispute that belongs in civil court. Most crimes with a financial component require proof, beyond a reasonable doubt, of intent to harm another or deprive them of property or at least some sort of reckless disregard for dangerous or risky... View More

Law enforcement might refuse to get involved because it is NOT a crime unless there is reason to believe that the seller already had the INTENT to keep the money without delivering the goods AT THE MOMENT the money changed hands. Basically, a scam.

On the other hand, if the seller did... View More

Is this in Texas? The reason I ask is that in Texas, the levels of misdemeanors from most severe to least are: Class A, Class B, then Class C. The levels of felonies from most severe to least are: Capital, 1st Degree, 2nd Degree, 3rd Degree, State Jail Felony.

Assuming we are talking... View More

No, it is a violation of federal law for you to possess a firearm or ammunition.

Maybe. It depends on the circumstances not as they actually were, but as reasonably understood at the time by the person who made the threat. Generally speaking, a threat of violence is legal in situations where the actual use of violence would be legal. Some common examples are in self-defense,... View More

The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals... View More

I'm not clear about your question. If you are asking about the affidavits then be aware that they give a prosecutor cover if they otherwise WANT to dismiss the case but they can just ignore them if they want to seek a conviction. In other words, an affidavit of nonprosecution can be an... View More

"Never interrupt your enemy when he is making a mistake." - Napoleon Bonaparte

Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant.

All law enforcement needs for an arrest is "probable cause" to believe you committed a crime. However, in order to win a conviction against you, they'll either need you to enter a plea (like guilty or no contest) or they'll need to prove each and every element of the offense... View More

Contact his criminal defense attorney.

Your attorney may attempt to get copies of all data and voice recordings sent to that patrol car on that particular day in hopes of discovering whether or not the officer attempted to run your plates.