Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brian John Willett
1 Answer | Asked in Criminal Law for Texas on
Q: On felony probation for assault on peace officer. He missed a report one month and now is not going for four months now

He signed for three years. What are the courts gonna do? It's in Brazos county

Brian John Willett
Brian John Willett
answered on May 26, 2015

He is going to get a warrant issued for his arrest and will probably end up in prison.

1 Answer | Asked in Criminal Law for Texas on
Q: I'm a 17-year-old girl in Texas. Am I allowed to have sex with someone more than 3 years older than me ?(21)
Brian John Willett
Brian John Willett
answered on May 26, 2015

Yes, the age of consent is 17. You can have sex with anyone older than you.

1 Answer | Asked in Criminal Law for Texas on
Q: Can a 35 year old male have consensual sex with a 16 boy
Brian John Willett
Brian John Willett
answered on May 26, 2015

NO, No, No. This is the offense of Sexual Assault. Punishment can be up to 20 years in prison and a lifetime of sexual registration. Once a person turns 17 they can have sex with whomever they want who is older than them.

1 Answer | Asked in Criminal Law for Texas on
Q: What percent of the sentence in aggravated robbery a person stays in jail???
Brian John Willett
Brian John Willett
answered on May 26, 2015

By law you would have to serve at least 50% to be eligible for parole. Eligible does not mean you get it. Depending on the facts of the case and any prior criminal history a more realistic number is 80%.

1 Answer | Asked in Criminal Law for Texas on
Q: Can a 30 year old male/female have intercourse with a 17 year old female in Texas. A link would be helpful
Brian John Willett
Brian John Willett
answered on May 26, 2015

The answer is yes for the most part. Once a person turns 17 he or she can have sex with anyone older than them. Be it a 30 years old or 80 years old. Just look up age of consent in Texas. However, if you take pictures of a 17 year old you could be charged with Child Pornography because any... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I have a friend who dated a girl who is 16 and he was 23 can they get into any trouble for dating

They have hugged each other but nothing more can they legally be together without getting into trouble and if he did or she did get into trouble how long will either of them be placed in jail or whatever it is lol

Brian John Willett
Brian John Willett
answered on May 26, 2015

Dating no. Having a sexual relationship including things such as fondling her breasts or fingering her vagina big problem. Sexual Assault and a lifetime of sexual registration.

1 Answer | Asked in Criminal Law for Texas on
Q: I have a question regarding United States v. Altieri. I also received AD in 1988. Am I able to purchase firearms?

My case was also dismissed and also sealed upon request. here is my FBI record:

1-ARRESTED OR RECEIVED 1988/07/22 SID- xxxx

AGENCY-POLICE DEPARTMENT RICHARDSON (xxxxxx)

AGENCY CASE-xxxxx

CHARGE 1-BURGLARY GENERAL 2299

COURT- ()

1988/10/31... View More

Brian John Willett
Brian John Willett
answered on May 26, 2015

Really this is two questions. It looks like you received deferred adjudication for the offense which is not a conviction under state law. However, the feds take a different approach to deferred adjudication probation. My suggestion would be to contact an attorney who practices in federal law... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can a 17 year old boy marry a 20 year old?
Brian John Willett
Brian John Willett
answered on May 26, 2015

Yes you can marry a 20 year old but it would be better if you waited at least until you are 18 to avoid any problems.

1 Answer | Asked in Criminal Law for Texas on
Q: if a person is wrongly unidentified in a crime what chances do they have getting out?
Brian John Willett
Brian John Willett
answered on May 26, 2015

I hope you mean wrongly identified, It would depend on the circumstances of the identification and if you have any alibi for the time period when the offense occurred.

1 Answer | Asked in Criminal Law for Texas on
Q: How do you request to be released from Probation due to medical condition
Brian John Willett
Brian John Willett
answered on May 26, 2015

First it must be a type of case that allows you to have early release. Some charges do not allow an early release under any circumstance. However, even in those cases you may be able to get non reporting probation. If you do qualify, you would need an attorney to go and speak with probation and... View More

1 Answer | Asked in Juvenile Law for Texas on
Q: My girlfriend is 15 of age and I am 18. It says it is legal for us to have sex but does it count for this year as well?

And we are also 2 years 11 months and 13 days apart in age, which is still legal right?

Brian John Willett
Brian John Willett
answered on Apr 7, 2015

If you are less than 3 years apart it is a legal defense to the offense.

1 Answer | Asked in Juvenile Law for Texas on
Q: my friend is 12 his boyfriend is 17,he will soon turn18.Can they still be together?

My friend lives in San Antonio, Texas his boyfriend is in Conway Arkansas

Brian John Willett
Brian John Willett
answered on Apr 7, 2015

Not just no, but hell no. A 12 year old has no business being with a 17 or 18 year old. Plus he can be charged with Aggravated Sexual Assault of a Child. He could get life in prison for this offense. On the brighter side he was probably end up being someone's girlfriend in prison.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 15 year old boy date a 11 year old girl
Brian John Willett
Brian John Willett
answered on Apr 7, 2015

Date yes, although I find it disturbing, have any sexual contact, NO. Find someone your own age dating an 11 year old is creepy on your part.

1 Answer | Asked in Juvenile Law for Texas on
Q: can a 19 year old have sexual intercourse with a 16 year old in texas
Brian John Willett
Brian John Willett
answered on Apr 7, 2015

It depends. If the 19 year old is less than 3 years older than the 16 year old it is an affirmative defense to the criminal charge. Once the 16 year old turns 17 everything is legal. Just wait until 16 year old turns 17.

1 Answer | Asked in Juvenile Law for Texas on
Q: girl turns 17 on 12/24/14. she is dating a 15 year old who turns 16 in Feb. 2015. is it illegal for them to have sex?
Brian John Willett
Brian John Willett
answered on Apr 7, 2015

Yes it is an affirmative defense if they are within 3 years of age and the sex is consensual.

1 Answer | Asked in Juvenile Law for Texas on
Q: What's the worse that can be done to a 16-year-old who has a felony against him if there is little evidence against him?

He did break his probation but there is no evidence that he actually did the charge. Just a person's say.

Brian John Willett
Brian John Willett
answered on Apr 7, 2015

Well obviously if he is on probation it has already been decided that he committed the offense. As far as what they can do it depends on how her was charged if he was charged with an indeterminate sentence he could go to TJJD (juvenile prison) until he is 19. If he was sentenced under a... View More

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 17 year old have sex with a 15 year old girl if they both agree?in Texas
Brian John Willett
Brian John Willett
answered on Apr 7, 2015

Yes, there is an affirmative offense to this offense if the teens are less than 3 years apart in age.

1 Answer | Asked in Criminal Law for Texas on
Q: My son a repeat offender was charged with cs pg 1 and his bond was set at only $500-is this correct?
Brian John Willett
Brian John Willett
answered on Apr 7, 2015

There is no correct amount for a bond. If the question is "Is this bond amount low" the answer would be yes.

1 Answer | Asked in Criminal Law for Texas on
Q: I am currently on probation for my 3rd dwi in Texas. I'm moving to NM. I was not required to have interlock on my car so

I have paid all fees in Texas. I have read in nm it is required to have interlock. Do I have to have this device even though I was not convicted in NM and it is not a condition of the court or my probation officer?

Brian John Willett
Brian John Willett
answered on Apr 7, 2015

I;m not sure how you don't have an interlock for Texas it is required here as well. You would have to contact your transfer probation officer in NM and ask him if the interlock is required.

1 Answer | Asked in Criminal Law for Texas on
Q: is false imprisonment with a dangerous weapon is aggravated charge?
Brian John Willett
Brian John Willett
answered on Apr 7, 2015

It would be treated as an aggravated offense because a deadly weapon was used or exhibited.

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.