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answered on Sep 14, 2021
Hire the best criminal defense attorney you can get who takes this type of case in the county where the charges were filed... or get a cheap or court-appointed attorney and roll the dice on your future.
answered on Sep 14, 2021
No, because a grand jury indictment stops the clock on the STATUTE of limitations (statute, not statue!)
Prosecutors don't need to know where you are to get a grand jury indictment... so hiding won't help.
To simplify things, here is all the information that I believe is necessary to answer my question:
My criminal record has 5 convictions on it, 2 felony convictions and 3 misdemeanor convictions. Both felony charges are for minor drug possession of schedule 1 substances, and the 3... View More
answered on Sep 14, 2021
Technically yes, you could get a pardon from the Governor of Texas. Realistically no, it hasn't been long enough for a pardon and very few people are ever pardoned. If that theft had been your very first conviction ever then you probably could have had it sealed, but since you have 4... View More
The state is trying to charge my boyfriend with a delivery charge but when he was arrested he was charged with possession of a controlled substance. How can they "bring this charge down the pipeline, as his court appointed lawyer puts it? How can that be an after the fact indictment?
answered on Sep 14, 2021
Yes, you can be arrested and charged with any offense they believe you committed. However, you can only be convicted if you enter a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. The state has 3 years from the... View More
answered on Sep 4, 2021
You should talk to your criminal defense attorney about the case status. The DA has at least 3 years to get an indictment on a felony... and more for some felonies. So the problem is that if you get the case dismissed for a delayed indictment then your BOND is also dismissed... then if the DA... View More
I was the victim of an assault from my ex. He was eventually charged (months after the assault) because I stayed in contact with the police department's Professional Standards Unit. The detective on the case was non responsive until PSU got involved. When the charges were pressed, the charge... View More
answered on Sep 2, 2021
There doesn't sound like anything else to do in terms of criminal law. However, in civil law you could seek a protective order based on family or dating violence... and perhaps even stalking based on the voicemails. You might be able to sue him for the cost of medical treatment but unless... View More
But i have shown overwhelming proof that he was not in violation and his attorney REFUSES to petition the court reinstate his bond what can i do. They said that he failed to keep in contact but his phone was in the repair shop for a week and he provided them with 2 CONTACT NUMBERS yet they only... View More
answered on Sep 2, 2021
Missing a UA is a violation. So is not keeping in contact. Perhaps he has good excuses or explanations but they ARE still violations, no matter how trivial they may seem. Remember that the attorney's primary responsibility is to achieve the best possible ultimate RESULT in the case.... View More
My attorney has instructed his attorney not to speak with me even though the only thing i am talking to him about is my husband being reinstated on bond. Doesnt my right as his wife/next of kin, give me the right to advocate for him and trump the conflict of interest possibility? I mean I am not... View More
answered on Sep 2, 2021
No. Everyone has a right to advocate for themselves but only an attorney can advocate for another person, and then only if that other person is the attorney's client.
Are fed attorneys under no obligation to respect your wishes however ill advised they may be and assist you in achieving pretrial release? or whatever outcome you are hoping for
answered on Sep 2, 2021
Your attorney's responsibility is to protect your criminal liability to the best of his or her ability. That doesn't necessarily mean staying locked up if a pretrial bond is possible, but it might mean throwing your husband under the bus to achieve a better outcome in your case. The... View More
If an individual has reason to believe that they are under criminal investigation, is there a way to find out before being served or arrested?
answered on Sep 2, 2021
There is not a reliable way to find out. About the best you can do is to hire a criminal defense attorney who agrees to reach out to law enforcement and inquire about the status on any investigation. Sometimes a detective is willing to play ball if she understands that you want to take care of... View More
answered on Sep 1, 2021
I am not clear on the question but anyone age 17 or older is treated as an adult for the purposes of criminal law in Texas.
answered on Sep 1, 2021
No. Any conviction or deferred adjudication on a case involving Family Violence renders the defendant permanently ineligible to seal arrest records with an order of nondisclosure. The way the law is written, this is true even if the judge does not enter an affirmative finding of family violence... View More
answered on Sep 1, 2021
Be aware that a dismissal is not necessarily great news if you are out on a surety bond. If the existing indictment is dismissed then your surety will be released. Then, if they re-indict you with the proper date, you'll be re-arrested and could be required to post another bond.
It... View More
answered on Aug 20, 2021
The discharge date doesn't matter once the blue warrant is issued. Your parole clock stopped ticking. You will be arrested on the blue warrant and then they will decide what to do with you. You could be sent to prison to finish the sentence.
answered on Aug 20, 2021
Cases involving Family Violence or Dating Violence are NOT eligible to be sealed, even if the judge does not include an affirmative finding. In fact, the black letter law makes it impossible to seal any other case, even if it is unrelated, after you have been convicted or put on deferred probation... View More
I am trying to serve Texas Temporary Exparte Protective Order and notice of hearing in GA through sherif dept. But can't find Defendant. What's next step?
Can I ask judge for eservice to defendant? At his email address?
I thought it was 7 years but that was in 2013 and I just applied for a job (2021) and it came out on my record and I was not accepted. Is the 7years after found guilty date or after the 5 years probation was completed?
answered on Aug 20, 2021
Criminal records never expire. If the employer does a criminal background check then it will show up forever. The seven-year rule is about CONSUMER records so that is stuff like your credit report and liens. Some consumer reports also include criminal information, so those might only show 7... View More
answered on Aug 20, 2021
The warrant is still in effect, the discharge date is not. A parole discharge date is basically meaningless once a blue warrant is filed. You can't finish parole on the run.
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