Herman Martinez's answer Please note that once a person turns 17 they are considered an adult in Texas. A mutual fight is typically not a crime. Nevertheless, if one person goes too far with the assault or takes out a deadly weapon during an assault that started without weapons it could rise to the level of a crime.
Herman Martinez's answer Possession of marijuana is still illegal in Texas. I would recommend talking to the 17 year old about drug use before contact any government agency regarding the “adult.” Additionally, you could talk to the “adult” about the illegality of possession of marijuana or potentially worse crimes that could arise.
Please take note that a 17 year old in Texas is considered to be an adult in many circumstances.
Herman Martinez's answer You should ask your probation officer first. Afterward, your attorney may have to request the court if you can travel. It depends on many factors such as the crime you are on probation, how long you have been on probation, how well you are doing with your probation.
Herman Martinez's answer If a warrant was issued the State has already determined that probable cause exists for an arrest. Your statements will likely be used in court. Nevertheless, a prosecutor should be contacting you once they have been assigned the case.
Herman Martinez's answer Unfortunately, once you contact the Government in criminal matters it is up to them to dismiss or not. Your input is taken into account, but your request for a dismissal will not override compelling evidence. It is best you talk to the defense lawyer handling his case before you speak to the prosecutor in charge of the case. In Houston, Harris County Texas a prosecutor’s decision is not made concerning a case until they speak to the complaining witness. In this case that would be you.
Herman Martinez's answer Not necessarily...you should go to the county where you were arrested to confirm. Otherwise, you can contact a lawyer in that county. Even if it shows you may be able to clear your record. Good luc.
Herman Martinez's answer It really depends on the court, facts surrounding her arrest. Typically, a 3rd offender is facing 2-10 years in prison, but you indicated she just finished parole. If she has been to TDC one time her punishment is enhanced or “bumped up” to 2-20 years in prison. If she has been to TDC on two separate occasions for ANY crime(s) her punishment is raised to 25-life in prison. Therefore, it is difficult to give you a concise answer.
Herman Martinez's answer Unfortunately, it seems like he will be getting charged with the felony offense of impeding the breath of a family member. Frequently, people do not understand that in these situations it is not necessarily up to the person making the statement if charges are accepted by the District Attorney’s Office. You need to hire a lawyer ASAP to properly defend his case because he is facing a 3rd degree felony with a punishment range from deferred adjudication or probation, 2-10 years in prison.
Herman Martinez's answer Yes, it is possible that the police subpoena your blood results from the hospital. Please note that hospital blood draws are quite different from the typical blood draw in a DWI case.
Herman Martinez's answer The person should contact the local criminal court clerk and/or the District Attorney's Office to know the court date. The person is essentially represented by the District Attorney's Office in the criminal proceedings.
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