A motion for new trial to set aside a final judgement is POSSIBLE in any case, but the time limit to file such a motion is very limited. If more than 30 days have elapsed since your plea/judgment, the answer to your question is no, you cannot appeal.
Charges were domestic violence, unlawful restraint, and terroristic threat. All accusations were fabricated and in the discovery was absolutely no evidence of any factual statements. The courts have already tried dropping the terroristic threats and the unlawful restraints but the domestic... View More
To answer your direct question: yes, there IS a statute of limitation in Texas BUT the statute of limitations is satisfied once the charging instrument is filed by the State with the court. The statute of limitations does not deal with delay is resolving a case once it has been filed. The...View More
Yes, the officer can ask the question you refer to. Check the Texas Transportation Code and/or the city ordinance in the locale where you received the citation to review the statute in question. for class c violations Good luck.
You cannot remove a citation from your driving record once you have been found guilty and the Court has entered a final judgment. You have to take the steps necessary to avoid the final conviction. Call an attorney BEFORE you do anything with a court. Good luck
I have kept quiet in hopes my manipulative ex would chnage but never did, just got worse and ended up in a dark place feeling used and played by someone I loved. Can they go back and charge her and her family as well for threatning me? I have proof of it happening multiple times. Does this help the... View More
I'm confused. Who is the "he" you are referring to? The driver of the vehicle who hit your mother? Regarding any delay, the pandemic has created a huge backlog in virtually all courts. If your mother was the victim of this crime, I suggest contacting the DA assigned to the case....View More
Can he get that dismissed? Dont they have to put a weight and the right drug? Which Motion to dismiss would it be- failure to state an offense or defect in charging instrument? We cant afford an attorney and his public defender does not answer, any help on what to file or look up would be... View More
The State has the burden of proof in all cases to convince a jury that all allegations in an indictment are true. The remedy in the situation you describe is to set the case for trial (and in the meanwhile, have the drugs tested by an independent 3rd party lab; your brother can't just walk up...View More
My brother was stopped and searched and nothing but s blunt was found in him. When was then took to jail finally. The cop did a very thorough search of his ride and found nothing else. He was them arrested and took to county jail. Over 6 hours later the law comes back to the jail and says he found... View More
The short answer to your question is yes, a person can be charged with a criminal offense under the situation you describe. Whether the State can prove these allegations beyond a reasonable doubt, however, is a different matter. Start calling lawyers in your area. Good luck.
The first question is what is the alleged location in question. Next, the zoning of that location must be checked. Whether the officer lied or not is a question of fact which is what trials are for; the officer has the right to appear in court to testify just like you do and she/he may claim YOU...View More
If the premises was searched pursuant to a valid search warrant and other contraband and/or other illegal activity is discovered, law enforcement is entitled to confiscate the items and file criminal charges. Cal your attorney ASAP to review the search warrant., Good luck.
First, stop making confessions on social media; law enforcement monitor these sites. Next, get with an attorney. No one in this forum knows the total evidence in possession of the State, so on one here has a clue of what the outcome of your cases will be. DO NOT TALK ABOUT THE FACTS OF THIS...View More
If the original suspension arises from an incident in Missouri, Texas will not give you a license until they receive a clearance letter from Missouri stating that you have completed all requirements under the laws of that state and there are no further holds on obtaining a license. Talk with the...View More
I am trying to file a complaint as a civilian for Domestic Assault with a magistrate but I can't find a magistrate in Lubbock to take the complaint. The victim has over 30 pictures of injuries to include in the complaint.
More facts are needed. What's the status of the co-defendant's case? If the case is pending, no, a co-defendant cannot be "forced" to testify. If the co-defendant's case has been pled or finalized, however, a subpoena may be possible.
I came home was coming in the back door and a girl was stand in my room she push me out the door. So I go around to the front to go in and there 2 girl one in front of me the other behind me. There jumping me so we start fighting one girl live there the other one doesn't bug the one that... View More
There was a fight. CAN criminal charges be filed against someone who was involved in the fight? In my opinion and from what you describe, yes. WILL any charges be filed against YOU ? No one in this forum can answer that question. If you are contacted by a detective or a police officer, call an...View More
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