Get free answers to your legal questions from lawyers in your area.
In 1998 I was sentenced to 5yrs probation for failure to register, after pulling the record and the true bill of indictment
I realized that the reportable conviction they used to get the indictment I was never convicted of nor was I ever charged with this crime. After all the years that... View More
answered on Aug 14, 2021
If anyone can fix the conviction, it will be an expert in criminal appeals, and that will be expensive. However, if you were granted a pardon by the Governor of Texas, then you could file for an expunction of the records. That might be just as good of a result, depending on your goals.... View More
Deformation of character . Protection of a abuser as they made me lose jobs ect . Videos never able to enter.
Was told it’s not abuse to make me lose everything . Control of finance and able to support myself is abuse . He wanted to see me homeless or take him back .
Using the... View More
answered on Aug 12, 2021
If you want to sue the state regarding a law enforcement issue then you should consult an attorney who files Section 1983 civil rights cases in federal court.
Nor is there an existing cause number as stated in the indictment notes as reason for enhancement. Also no judges signature or county info on the indictment. Indictment received in the mail at the address where alleged victim resides also the defendants residence, but there is a protective order... View More
answered on Aug 12, 2021
I'm not sure what your question is but the prosecution will have the burden of proving the enhancement paragraphs.
answered on Aug 11, 2021
An officer can investigate a person sleeping in their car to make sure they are safe and not in medical distress but they shouldn't be searching without consent unless they saw or smelled something during the initial investigation that indicated a crime.
Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail.... View More
answered on Aug 11, 2021
Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good... View More
the answer was NO He did anyways was arrested unlawfully and was illegally in jail for over a month till someone advocated for me and had all the charges lifted. A very painful agonizing ordeal for many, what do I do now? Can I file a civil suit against the department against the county against the... View More
answered on Aug 10, 2021
You should consult an attorney who takes FEDERAL civil rights cases under Section 1983.
From a criminal law perspective, the severity of policy mistakes that could result in a prosecutor dismissing a case is lower than the severity of police mistakes necessary to justify a ruling against... View More
He was defending himself and the girls he was with as this kid was going around the park bullying and assaulting girls. Touching them. My son who is 14 told them to back off multiple times and he shoved my son who in turn punched him. The kid ran to his dad who called the cops because he said my... View More
answered on Aug 9, 2021
Stop talking to the detective and have a private consultation with a criminal defense attorney who practices law in the county where the fight occurred... not just any criminal defense attorney, but one who has experience with juvenile cases because they follow different procedures.
He needs an attorney that will fight to get him mental health help and not being institutionalized because that will do nothing to help him. He has no money and lost his job because of it. I’m not sure what to do because I’m the victim and he cannot have contact with me. His court appointed... View More
answered on Aug 9, 2021
Nobody ever ACTUALLY works for free in any line of work. You can't even mow a yard for free. If you are not being paid for work then you are diverting resources from somewhere else in your life to cover your time and expenses.
Properly defending a second-degree felony charge is... View More
Nobody was doing drugs there is only a female asleep and she was not blond the police found a needle in the vehicle that was used but the female was nowhere near the needle where they found it in the the vehicle was not hers can they charge her with possession
answered on Aug 6, 2021
You can be charged with any offense that an officer believes you committed but you can only be convicted if the prosecutor can prove every element of the offense beyond a reasonable doubt.
The cops have a "community caretaking" role that is separate from their law enforcement... View More
And said I stole his phone he dropped the phone in my yard attacked me and my husband
answered on Aug 6, 2021
The use of force may be legally justified to prevent theft or to prevent escape after a theft. However, if he was mistaken and had simply dropped his phone then there was no theft and his use of force was not justified. In that scenario, it sounds like the repo man committed the crime of Assault... View More
I got caught with edibles the cop who searched my car never asked if he could search my car and he had no probable cause.
answered on Aug 6, 2021
Your criminal defense attorney will discuss the matter with you privately and then review the BodyCam and DashCam footage, along with the officer's written report. Then, your attorney will ask the court to suppress the evidence if there are grounds to believe the search was unlawful.
answered on Aug 6, 2021
Contact law enforcement if you believe a crime was committed. Contact a civil attorney if you want to file suit for return of the money.
answered on Aug 6, 2021
The person enters a plea of not guilty and demands a trial by jury. The person will only be convicted if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. The jury must be unanimous in their decision.
The better the attorney representing the... View More
No burglary or robbery or violent past
answered on Aug 3, 2021
You could apply for a Restoration of Firearm Rights using the form on this page: https://www.tdcj.texas.gov/bpp/forms/forms.html
He has been approved for a rehab program, will this affect that?
answered on Aug 3, 2021
Terms and abbreviations are not standard from one county to the next so, if this happened in Dallas County, try calling a criminal defense attorney who has an office in Dallas. The very best person to call is probably the defendant's own attorney.
answered on Aug 3, 2021
Under most circumstances, the maximum is a class A misdemeanor punishable by up to one-year confinement in county jail and a $4,000 fine. However, if the defendant has a prior conviction for the same offense then it can be charged as a State Jail Felony which is punishable by up to 2 years in... View More
My truck was impounded. then I was told they seized and plan to dispose of it and all contents - said they were contriband. Is that legal to take my only means of transportation. I have an SR22 & Im in process of obtaining my occupational license
answered on Jul 29, 2021
This is technically not a criminal law question because it is filed in civil court. There is a ton of information available online so do an internet search for "Texas civil asset forfeiture" to get the scoop.
The passenger admitted they were his and that she had no knowledge of them being in his possession she thinks they will drop the charges on her I disagree and think she needs an attorney it's a 2nd degree felony
answered on Jul 26, 2021
She is facing 2 to 20 years confinement and, even if granted probation she will be facing a lifetime as a convicted felon. In my opinion, this is not something to take chances with and it frankly seems like the same type of risky decision as hanging out with drug traffickers. You might want to... View More
He is in prison for aggravated robbery he also sducidal because of prison and has been diagnosed with depression and schizophrenia
answered on Jul 26, 2021
If his schizophrenia is so bad that he is detached from reality then talk to an attorney who focuses on criminal appeals about the possibility that he didn't understand the plea. That said, it is possible that, even if released from prison, he may minstead be facing an involuntary commitment... View More
What happens to the original parole sentence?
answered on Jul 26, 2021
One of the conditions of parole is to stop committing new crimes. A person in this situation can be returned to prison to complete the sentence on the old crime and ALSO be given a new sentence for the new crime. The person needs a parole attorney for dealing with any attempt to revoke parole and... 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.