Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Don Richardson
1 Answer | Asked in Criminal Law for Texas on
Q: How long do you have to file assault charges on someone ?
Don Richardson
Don Richardson answered on Jan 25, 2012

Assuming the assault is a misdemeanor, an indictment or information must be filed within 2 years from the date of the offense.

1 Answer | Asked in Criminal Law for Texas on
Q: What is the statute of limitations on a civil conpiracy?
Don Richardson
Don Richardson answered on Jan 25, 2012

Under Texas Civil Practice and Remedies Code section 16.03, the statute of limitations for civil conspiracy is two years. Civil conspiracy is actually a civil cause of action, not a criminal offense.

1 Answer | Asked in Criminal Law for Texas on
Q: Does the law explicitly say that first degree murderers are to be sentenced to death or LWOP?

Are there any exceptions and how are these decided?

thanks!

Don Richardson
Don Richardson answered on Jan 25, 2012

Capital murder is punishable by death, or by life in prison, depending upon how the jury answers the special issue questions in a case where the State seeks the death penalty. Not all murder charges are capital, however, and a non-capital murder charge will be a first-degree felony, which means... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Where do I find a blank texas motion to dismiss temporary protective order

I need to fill one out and have not been able to locate it! I am the victim described in the order!

Don Richardson
Don Richardson answered on Jan 25, 2012

Many public libraries do provide some legal resources and forms, and reference librarians are happy to help (they cannot give legal advice, however). If you are fortunate enough to live in a place that has a public law library, that's even better. You might also look at TexasLawHelp.com.

1 Answer | Asked in Criminal Law for Texas on
Q: If a defendant was unconscious and was still getting stabbed with a knife can they press charges againts them?
Don Richardson
Don Richardson answered on Jan 25, 2012

You have not given me enough information to answer your question. What is the defendant being charged with? Was it something the defendant allegedly did *before* he or she became unconscious? Tell me more about the situation, and I might be able to give you an answer.

1 Answer | Asked in Criminal Law for Texas on
Q: Once you are arrested, how long does the court have to indict you?
Don Richardson
Don Richardson answered on Jan 25, 2012

It depends on the offense. The indictment must be filed before the limitation period runs, but the statute of limitations is different for various offenses. Some offenses, most notably murder or manslaughter, have not statute of limitations, and an indictment can be brought at any time. An... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: WHAT CAN I DO TO GET MY RECORD EXPUNG IN HARRIS COUNTY ?( LITTLE - MISDEAMENORS ) ANY GOOD - REASONABLE LAWYER/ADVISE .
Don Richardson
Don Richardson answered on Jan 25, 2012

I concur with Mr. White's answer. I will add that expunction is available only in limited circumstances in Texas. If you were convicted of an offense, you will not be eligible for an expunction unless the conviction was overturned on appeal, or unless you were subsequently pardoned. If you entered... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Do I need a lawyer for a probation violation
Don Richardson
Don Richardson answered on Jan 25, 2012

I concur with Mr. White's response. A lawyer can be helpful in any probation violation matter. If the State files a motion to revoke, you should definitely be represented by counsel.

View More Answers

1 Answer | Asked in Family Law for Texas on
Q: My boyfriend lived with me for over 10 years. Were we considered common law married?
Don Richardson
Don Richardson answered on Nov 25, 2011

It depends. Informal or "common law" marriage in Texas requires three things, assuming that there is no legal impediment to the couple being married: (1)the couple cohabited in Texas, (2) the couple agreed to be married, and (3) the couple represented themselves to others as being married. There is... Read more »

1 Answer | Asked in Family Law for Texas on
Q: If the biological parents agree for the father to give up rights for best interest for the child, can it be done in TX?

Father is in the military and has been stationed in a different state due to offical orders, and mother refused to move with child due an agreement of divorce. The mother and father cannot be civil in any manner.

Don Richardson
Don Richardson answered on Sep 30, 2011

Yes, it can be done, but courts in Texas are very reluctant to "bastardize" children, absent compelling circumstances. The mechanics are simple enough: the father would execute a voluntary reliquishment affidavit consenting to have his rights terminated, and the mother would file a petition for... Read more »

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.