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Questions Answered by Jeffrey Joseph

2 Answers | Asked in Car Accidents and Traffic Tickets for Texas on

Q: Ticket issued I had no knowledge of and no responsibility for accident. What do I do? Requested court date to dispute

Ticket said I was following too close and I wasn't in the lane following anyone involved. First vehicle slowed. Vehicle behind him swerved in my lane to avoid hitting him but still hot him. I could not allow down to avoid hitting this driver that came into my lane. Officer said first driver and... Read more »

Jeffrey Joseph answered on Oct 16, 2017

Seems strange indeed. I would say Mr. Munsing's response is accurate. If the case is in Texas, you have a right to trial for tickets. By pleading not guilty you can go into a formal pre-trial hearing to discuss your case with a prosecutor. Hopefully that will resolve the issue.

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1 Answer | Asked in Criminal Law for Texas on

Q: I'm on parole a violation warrant has been issued without my knowledge I entered a substance abuse program

Do they let me finish the program or do they remove me from the program with the warrant

Jeffrey Joseph answered on Oct 12, 2017

Have you not talked to your parole officer? That is a question that you definitely need to work out with them as soon as possible.

1 Answer | Asked in Criminal Law for Texas on

Q: I just completed probation it was deferred an was a felony charge. Since I'm done with probation can I use a gun

Jeffrey Joseph answered on Oct 11, 2017

The answer to that question depends more on the charged offense than the level of charge. The general provision that creates the offense of unlawful carrying of a weapon is as follows:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally,...
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1 Answer | Asked in Criminal Law for Texas on

Q: Is a assault causing bodily injury to a family member with prior a state jail felony

Jeffrey Joseph answered on Oct 11, 2017

I'm not certain what the question actually is. I think you are asking if assault family violence a state jail felony? The answer is no. Normally, it is charged as a Class A misdemeanor. For a complete list of the maximum punishment range for all criminal offenses you can click on the following... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: In texas can they keep your ligitament income found during search

I have a heavy cash business as window tinter.. I had just made 1695.00 at a fesitival so i put it in my safe to deposit on mon.morn. pd came in mon morn. Opemed my safe w/o warrant

Jeffrey Joseph answered on Oct 9, 2017

This is an epidemic across the nation right now. And I can tell you it ins't getting better, but worse. You should have received a card from the officer signifying their intent to keep the cash in relation to illegal activity. You are able to object, but I can tell you the hearings are going... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Texas on

Q: In case records in Denton County Texas what does it mean if there's a J in front of your case number

Jeffrey Joseph answered on Oct 6, 2017

Usually means that it is out of the justice court. Justice of The Peace Courts. Here is a list of the justice courts in Denton County https://dentoncounty.com/Departments/Justice-of-Peace-Pcts.aspx

1 Answer | Asked in Criminal Law, Domestic Violence and Elder Law for Texas on

Q: Could a friend be lying to me about hitting his mom?

A friend who has spent the past eight months in jail said that his mother who is 65 lied to the police, saying that he had hit her. I thought that while the police can arrest on her word only he would have to be tried and convicted in order to put him in jail more than a day or so- and that there... Read more »

Jeffrey Joseph answered on Oct 2, 2017

I would think that in order for a charge to actually be filed that the case rises to the level of probable cause that an offense was committed. That is above a 50% in the eyes of the police department and the prosecution's office. Does that mean that he is absolutely guilty? Of course not,... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on

Q: Can someone on probation go to jail for harrassing?

I'm getting harassed by a men whose in probabtion for having 3 DWIs in less than 5 years and I'm afraid he might come and harm me.

Jeffrey Joseph answered on Oct 2, 2017

Contact the police.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on

Q: My husband is going to court in willco tx on tues for an MRP. I know the max is one year what will he most likely get?

My husband has 2 misdemeanor charges assault family violence and interfering with an emergency call. He has never been in trouble before or since this. He was given pretrial diversion for 6 months but failed to do any of his stuff except report to his PO each month, they then gave him 12months... Read more »

Jeffrey Joseph answered on Oct 2, 2017

The question is contingent on the county and the judge. An experienced lawyer in one county can have an idea of what would happen, but in another county, the variables change. You really need to know the judge and county and then find a lawyer familiar with probation revocation hearings in that... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: Police left msg investigating puppy mill in texas and wanted me to get dna test on pup i bought. Why and do i have to?

Jeffrey Joseph answered on Oct 2, 2017

I wouldn't think you would unless there is a warrant or a subpoena that has been issued. I would definitely ask them about that first before submitting to any testing if you do not wish to cooperate.

1 Answer | Asked in Products Liability, Traffic Tickets and Car Accidents for Texas on

Q: The driver at fault gave me her driver's license and phone no. and told me she would give me her insurance details later

I was driving a rental car covered with a credit card LDW. I was rear-ended by a driver on the highway. She said she did not have her insurance documents on her but gave me her license and phone no. information. Now she is unreachable. Meanwhile, the rental company wants me to file for a claim.... Read more »

Jeffrey Joseph answered on Oct 2, 2017

My suggestion is that you can file the paperwork you have for the wreck with The Department Of Public Safety for Texas and they will place a driver license hold on her eligibility until she decides to get off her hump and help you resolve the claim. The insurance company for the rental should be... Read more »

2 Answers | Asked in Criminal Law for Texas on

Q: Im a student following a case. A man accused of 1st degree felony for sexual abuse to a child

the trial started yesterday. Today he plead guilty and stopped the trial. Why would someone do that when he might have gotten a hung jury or a not guilty?

Jeffrey Joseph answered on Aug 23, 2017

Normally, it is because a deal was struck between the prosecutor and defense that was reasonable to both parties. A lot of time, the trial process is posturing. A game of chicken if you will between the prosecution and the defense. Both are on different sides of the spectrum and are wanting... Read more »

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1 Answer | Asked in Criminal Law for Texas on

Q: I just found out that my 17 yr old daughter is dating a 16 yr old boy. Will she be charged with sexual assult of a minor

Jeffrey Joseph answered on Aug 21, 2017

Texas statutory rape laws apply when a person over the age of 17 has a sexual relationship with someone 16 year of age or younger. There is a defense to prosecution however if the age difference between the two is 3 years or less. Of course, that does not mean that person cannot be charged with... Read more »

1 Answer | Asked in Criminal Law and Family Law for Texas on

Q: I signed to remove charges, im still being called into court. Can i just not go ? Im the victim in the case

Years ago i pressed charges on my bf. One afternoon while trying to get his criminal record from court.. He was arrested. On the hearing in county he was told it was from those charges. I signed to drop the charges, but im still being called in to testify. Should i go into hearing? I just want this... Read more »

Jeffrey Joseph answered on Aug 18, 2017

That question has a legal and an ethical component to it. Ethically, the State of Texas is asking you to show up to a hearing. So do you wish to show up or not based on your personal situation. That is a question you will have obviously answered above with a "no." Legally, you are only required... Read more »

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