Get free answers to your legal questions from lawyers in your area.
I was arrested in September and still have not gone to court
answered on Mar 10, 2022
I agree and would add that if you file it in the form of a notice of invocation of rights then, unlike a motion, it doesn't require the judge to sign it... on the other hand sometimes you want the judge to know and this gives you an excuse... your attorney will be able to get the lay of the... View More
My fiance was arrested for POC PG1 >=4g<200g. His bond is set at $200,000. This is his first drug offense. I wouldn't have really thought anything about it and would have waited to file for a reduction, until I noticed that there is another inmate, in the same facility, with the same... View More
answered on Mar 9, 2022
The purpose of bail is to ensure the defendant's appearance at court and to ensure the safety of the community or victim. A POCS case doesn't really have a victim so perhaps there was something about his situation that concerned the judge about the defendant's willingness to appear... View More
answered on Mar 9, 2022
It is a violation of federal law for anyone convicted of a felony to possess a firearm or ammunition.
My fiance was pulled over for registration being out. After running his name the officer asked him to step out of the vehicle, patted him down, but he was not arrested. The officer then asked if he could search. My fiance said no. The was no probable cause that I am aware of I'm this... View More
answered on Mar 8, 2022
It might be possible for his attorney to seek suppression any evidence that was found as a result of the search but a good attorney will probably first need to carefully study the offense report, arrest affidavit, BodyCam recording, DashCam recording, and the log file showing the data sent back and... View More
I was charged with shoplifting from a worldwide company. Loss prevention falsely identified me after doing a Facebook search. This is now on my record. I have been labeled as a theif! Ive missed several employment opportunities, I had to move back in with my parents because all agencies have denied... View More
answered on Mar 3, 2022
If all charges relating to the arrest were dismissed then you will eventually become eligible to petition for an expunction. An expunction is the means for clearing your arrest record. There are a couple of situations where you can go ahead with an expunction without waiting for the statute of... View More
Tampering with evidence
answered on Mar 1, 2022
A case transcript should be prepared by the Court Reporter, not by the attorneys in a case.
The grandparents basically stole my child on hearsay.
answered on Mar 1, 2022
Hire a family law attorney who has an office in the county where the case was filed, if no case was filed then the county where the kids currently live.
I am her aunt who is trying to help as much as I can but I live in Wyoming. She has been in for over 60days on a drug possession an she has not seen a lawyer an has not been to court. He son had a seizure hit his head an now is in the hospital. She also has a 10yr son. They are both staying with... View More
answered on Mar 1, 2022
If she has been sentenced to jail then there might not be much you can do. However, if she is being held pending trial then it may be possible to get her released by posting bond (bail.) If I were you, I would try to have a conversation with a criminal defense attorney who has an office in the... View More
Hers. Its in police report it stated it was hers and she wasn't even arrested and some how it got put on me. Charging me with meth said was in my truck based on a picture they took. I was in police car for assault. I was only one arrested???? She had drugs on her in the report and she... View More
answered on Mar 1, 2022
It sounds like you already have a criminal defense attorney. Nobody here is in a better position to untangle this mess than your attorney because that attorney is the only person who has access to all the files and evidence. The main question you need to ask is whether the prosecutors can prove,... View More
Our belongs were to be stored in a warehouse in Phoenix for 3 to 4 months while our home was being built in Granbury. We believe the company left our goods in the same trailer (a standard over the road type) for the 4 months before their delivery to Texas. Many items were destroyed & damaged... View More
answered on Mar 1, 2022
This sounds more like the basis for a civil lawsuit (contract dispute) that should be filed in Arizona than a criminal case filed in Texas... especially if your goal is to recover monetary damages. Perhaps start by calling an attorney who has an office in the same Arizona county where you... View More
I got a car from a private party. It wasnt in my name yet, and was uninsured.
I let someone borrow the vehicle and they never returned.
I was able to track my phone that was left in the vehicle to the private residence of the towing companies owner on the side of the road,... View More
answered on Feb 24, 2022
You could possibly sue them but there is no point suing someone who doesn't have any money.
answered on Feb 24, 2022
Depending on the circumstances, he could be charged with a crime like aggravated assault with a deadly weapon.
answered on Feb 24, 2022
The expunction law and how to petition for an order are spelled out in chapter 55 of the Texas Code of Criminal Procedure. There are several potential paths to expunction, so the process is to prepare a petition that cites the path that fits the facts of your arrest and attach documentation to... View More
I wasn’t given any paperwork, the vehicle used was eventually returned to me after filing a petition.
answered on Feb 22, 2022
It is possible to be arrested but never charged. In that situation, you could have an arrest record but no case record. Buy a Texas state fingerprint criminal history check from IdentoGO to find out: https://www.identogo.com/services/history-check
I think it costs about $25.
Two kids were arrested and my son and another kid was let go. My son had a dab pen that was empty. They said they were waiting on a phone call to see if they were going to take him to jail but they didn't and they didn't even give him a citation or a ticket. Can they still come back with... View More
answered on Feb 19, 2022
It would be 100% legal for them to pursue misdemeanor charges for up to 2 years and felony charges for up to 3 years but the likelihood of them actually doing it goes down with each passing day.
The charge is now showing deferred adjudication is that correct if it’s no billed. Can’t get a job now
answered on Feb 19, 2022
No, that is not correct. Obtain a copy of your official Texas DPS background check from IdentoGO. Hire an attorney to file a petition for expunction three years after the date of the alleged crime.
Criminal trespassing on me the officer told her that if she was in fear of me retaliating against her he said if she was that he could get a warrant for something she had said I did months before she made the report the officer thst issued a warrant and told her that when they come to our residence... View More
answered on Feb 16, 2022
It is likely that none of that will matter if your criminal defense attorney is basically a plea broker. Hire the best criminal defense trial attorney who is based in the same county where the case is pending. The prosecutor will probably start from a position of believing that the officer's... View More
answered on Feb 16, 2022
No, they apply for a warrant and attach an affidavit explaining why they think they have probable cause. The magistrate (judge) is only supposed to sign a warrant if the stated reason(s) do, in fact, amount to probable cause. That said, a busy magistrate working through a big stack of warrant... View More
The state vs Charles Edward williams
answered on Feb 15, 2022
Probably not. A defendant isn't sentenced until and unless they've been convicted. They can't be convicted until either (1) they entered a plea of guilty or no contest, or (2) there was a trial and the prosecution proved guilt beyond a reasonable doubt.
If there is evidence... View More
My younger brother has been estranged for close to 8 years. He is threatening to sue/press charges against me for sending occasional emails and text messages (usually 2-3 times a year) to check on him and ask him to reconcile. (Note: There is absolutely nothing aggressive or threatening in my... View More
answered on Feb 14, 2022
Yes, sending unwanted electronic communication is one of the ways to commit misdemeanor Harassment ... and committing Harassment on more than one occasion is one of the ways to commit felony Stalking.
Whether or not the police will take him seriously or not is another issue. If it... View 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.