Questions Answered by Grant St Julian III
Q: Is it the end of world to be convicted of Misdemeanor C in TX? Will this municipal record affect my job application?
Maybe. What's the offense? Is it a crime of moral turpitude? What type of job application are you referring to? Calling a lawyer and discussing the issues may help. Good luck.
Q: Can I dismiss the charge from the Municipal Court because I never receive a notice of Complaint?
Is it called Motion to Quash in the criminal case?
I received both summon for pre-trial and the sworn complaint from the Municipal Court recently. Based on the statue below, can I argue that I was never provided the Notice of Complaint prior to the State moved to issue Pre Trial Hearing?... Read more »
If you received a copy of the complaint prior to the pretrial hearing date, then the State has complied with the applicable statute.
Q: Is is a crime not to return the Police Detective's phone call?
I learned from the answers from Criminal Lawyers on this site not to speak to Law Enforcement without the presence of legal representation. Is it OK for me to exercise my 5th Amendment to not return the calls to a police investigation? Will I be charged not to speak to the Police?
You never have to talk with the police if you don't want to. Criminal charges may still be filed against you, regardless if you provide a statement or not. There is no separate offense for failing to provide a statement.
Q: What is the difference between "Service Dispute" and "Theft of Service"? Is there a statute of limitation for both?
Theft of service is a criminal offense; a service dispute is not. The statute of limitations applies to theft of service.
Q: If I pay the fine for a Misdemeanor C, will I still have this record appearing on background check for employment?
Paying the fine will cause a final conviction to be entered on your record, which can never be removed. Contact the court about options to avoid a conviction. Or call an attorney in the area where the matter is pending. Good luck.
Q: TX Second Chance : Can the First time offender of Misdemeanor C qualify for TX First time offender programs?
I need know what you mean be "first time offender programs". Most such programs are instituted at the discretion of a particular court, so each jurisdiction has its own qualifications. Call an attorney in your area. Good luck.
Q: What do I need to do?
I keep calling the number on the back of my citation/ticket and they keep telling me my information is not in the system..
File a letter with the court requesting a court date and keep a file-marked copy of the letter in your possession. Or contact an attorney in the area. Good luck.
Q: Will the Municipal Court Judge assign a public defender for a Class C Misdemeanor Jury Trial?
If I maintain innocent in my pre-trial for a Class C Misdemeanor case, will I be assigned a public offender for a jury trial?
Is 6th Amendment still applicable in a municipal court jury trial?
No, you will not have an attorney appointed to represent you on a class c misdemeanor
Q: Is it OK that Plano Police filed sworn complaint against me without giving me the chance to state my side of story?
I received a summon for pre-trial along with sworn statement from Plano Police Detective alleging me committing a Class C Misdemeanor less than $100 theft of Service alleged occurred in August last year. I never received any citation nor was given the chance to state my side of story. Does this... Read more »
You have the opportunity to enter a plea of not guilty, and tell your side of the story to a judge and/or jury at trial. Good luck
Q: I can't find out what my license was suspended for what the fine is or what county it's out of ijust want to pay myfines
You may look up the eligibility of your license at:
https://txapps.texas.gov/txapp/txdps/dleligibility/login.do
Contacting an attorney may help. Good luck.
Q: Can you have criminal tresspassing put on you when you have been living there and 90%of your belongings are there?
What you describe is possible; it depends on the defendant's legal status as to right of access to the property in question. Talking with an attorney about the specific facts of the situation would help. Good luck,.
Q: Can someone be charged with a criminal mischief and burglary of a building in the same case
Yes, a person can be charged with multiple criminal offenses arising out of the same incident.
Q: If a 17 year old girl wants to be with a 21 year old guy, is it legal in the state of Texas? If so what is the max age?
I know the age of consent in the state of Texas is 17. However does that mean that they are free to have a consentual sexual relationship with anyone of any age or is there a specific maximum age gap?
Texas Penal Code
Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD. (a) In this section:
(1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.
(2) "Sexual conduct" means sexual contact, actual or... Read more »
Q: My son is currently serving a prison sentence in Texas and his projected release date is August 2019. He was granted
parole in Nov. 2018. He still has a outstanding violation of probation in another county. What happens to the outstanding violation or how would he get time served for that violation as well?
Once released from prison on parole, you son will be transferred to the county where his probation violation is pending. When he is brought before the Court that granted his probation, the request for time served can be made then.
Q: How can I get my failuer to maintain financial responsibility citation dismissed
Also my criminal mischief charge dismissed
Yes, any citation or criminal charge CAN get dismissed. What will happen in your particular case depends on the particular facts of your situation. Call a local lawyer. Good luck.
Q: can I get a non disclosure agreement?
I have a class A misdemeanor assault causing bodily injury from 2015. The victim is now in prison for assault with a deadly weapon. Which no one believed happened to me at the time due to lack of evidence that I was attacked. I did defend myself that’s why I pled guilty to assault. The victim was... Read more »
What was the final disposition of the case (not the plea you entered, but the judgment entered by the Court)? Was there a finding of domestic violence? Call an attorney in the county where the case was pending. Good luck.
Q: I renewed my drivers license and was sent a letter for denial saying I have to go to texasfailuretoappear.com.
Says its from 2012 and I have a warrant. I have been pulled over since then and there was no problems. I don't know anything about this ticket and I keep asking to see an actual copy of it. Also when you click on ticket payment system it says offense date 9/19/2012 and court date 1/1/0001. I... Read more »
Contact an attorney in the county where the citation was allegedly issued and have her/him check the court records (not the records of the collection agency that is attempting to get your money). Good luck.
Q: I was charged with a felony in texas after I was charged the law changed to a misdemeanor
So I'm wondering if I can have my charge changed to a misdemeanor or have it expunged
The final disposition of a case determines if it can be expunged. The fact the law has changed has no effect on your situation. Good luck.
Q: I was called by the sheriffs office asking me to come in to answer some questions as a suspect. What do I do?
He told me it was probably nothing and there is no arrest warrant.
No, no, no, no, no. If you are a suspect, the police are attempting to get something out of you that will aid in prosecution against you. Get with your attorney.
Q: My wife was raped and abused by her adopted brother from 12 to 14. Now 32, can she press charges in Texas
She is currently 32. This occurred in Texas around 98-99 and she wound up pregnant and gave birth to a son. She is wondering if there is any way after all these years she could have charges filed to try to get some justice. Years of therapy has now suggested that she try to pursue this avenue to... Read more »
She may contact law enforcement in the county where the events occurred. Good luck.
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