Normally you would want to bond out, but not everyone can afford their bond. Sometimes the judge will agree to lower the bond amount.

Try to get a dismissal or deferral... and be willing to take an Anger Management course to get it. Your chances of that sort of result are a lot better with an attorney, especially since the charge of class B indicates a property value of more than $100... in other words, it wasn't just a jar... View More

Witness testimony is the most direct form of evidence... So anyway, if this happened less than 30 days ago you can have your attorney attempt to withdraw your plea and, if that is denied, file a timely notice of appeal. The clock is ticking so you'll need to act fast.

There could be a criminal case because there is no longer any statute of limitations for the crime of sexual assault of a child. I suppose that technically either one of them could be charged with this crime because an 11-year-old can't consent to sex either and it is technically possible to... View More

Whether it is civil or criminal depends on how she came into possession of your property.

For example, if I borrow my neighbor's lawnmower with the intent of never returning it, that would be theft. However, if I borrow the lawnmower with the intent of returning it, but then I get... View More

Texas has a criminal Harassment statute that might apply, because a threat is not required. Making the other person feel "emotional distress" is enough. That said, Texas has no criminal charge for defamation of character because that is a tort (i.e. a civil matter, not criminal.) Try... View More

Although you have the right to an attorney, you don't have the right to a GOOD attorney. You have to pay for that and it's really expensive.

That said, if your attorney does nothing (or almost nothing) to prepare then that can be "ineffective assistance of counsel"... View More

I agree and would clarify that Texas is a "one-party consent" state for recordings and that one party can be you. However, you can't secretly record a conversation between two or more other people without at least the consent of one participant.

I agree that the attorney can drop him and would further add that a condition of a civil claim would be that the criminal case was resolved in the defendant's favor... a plea to a different crime would probably undermine the claim. That said, even if everything goes perfectly for him I... View More

Prosecution is barred by limitations if your ex-spouse was at least 28 years old BEFORE September 1, 2007

The 20 years from the 18th birthday amendment went into effect in 2007 and applies to the crime of Sexual Performance of a Child. The same amendment totally removed the limitations... View More

If it's an actual plea of guilty or no-contest then it will involve a hearing with the judge. A hearing isn't necessary if it is a dismissal agreement.

If he's still in jail it means he hasn't posted bond. If the bond is too high, you could ask his attorney if there is any chance to get it lowered. However, it is also possible that his attorney won't talk to you since you are not technically the client... your husband is. Most... View More

You could probably make them get a warrant but you might want to ask a local criminal defense attorney who knows how the cops operate in your jurisdiction... they can make more problems for you if they are unprofessional jerks.

It's a new law (effective September 2021) requiring law enforcement to turn over all evidence to the prosecutor. It is important because, if the defense attorney asks the prosecutor for evidence, the prosecutor is required to turn it over under article 39.14. The new law basically closes the... View More

No, you are not REQUIRED to report a crime unless it involves adults unless it's a felony with death or serious bodily injury and the authorities don't already know about it.

Yes, you can be charged with assault if the officer believes the other guy.

I suspect that, for the purposes of a crime like falsifying a government record, the party executive committing is more akin to a private club than a government body. I haven't researched that but that would be my guess.

Meeting her is not an element of the offense of Harassment. The affair is not a matter of public concern and it is "reasonably likely to cause emotional distress, abuse, or torment to another person" which could be the homewrecker herself or members of her family. Texas Penal Code... View More

Each state has its own expunction laws. I believe that the OSCN and ODCR databases relate to cases filed in the state of Oklahoma. If so, you should seek the advice of an attorney who is licensed in Oklahoma, even if you currently reside in Texas.

It sounds like an implication that charges could be filed in the future unless you take the class and send proof. Texas law gives an officer at least two years to file formal charges, even if no citation was issued during the investigation.

The use of physical force is legally justified to prevent theft, and deadly force may be used to prevent theft during the nighttime or robbery. Robbery means using force to commit theft, so if you forcefully resisted their legally justified use of force to prevent theft, then you can be convicted... View More