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Questions Answered by Phillip Wayne Goff
1 Answer | Asked in Criminal Law for Texas on
Q: If the father of my child is incarcerated for sexual assault on a child what can I do to have his rights takin away
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

This is a family law or child custody law question, not a criminal law question. Please re-submit your question in the appropriate forum. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: How do i dismiss counsel?

The lawyer my brother hired to defend his dwi (3rd or more)is demanding an additional $3500 before he will do anything. he accepted the case after he paid $5500 almost a year ago.

Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

You do not dismiss counsel or otherwise have any rights because your brother is the person with a relationship with the attorney. Prior to taking drastic steps, he should attempt to discuss the matter with his attorney. There may be some understandable and acceptable reason for the situation.... Read more »

1 Answer | Asked in Traffic Tickets for Texas on
Q: I got ticket for red light arrow. I need help.. How much is cost?
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

Cost of representation varies from place to place, who is representing you, and a host of other factors. If you are in a major metropolitan area, you can probably find an abundance of attorneys who handle traffic tickets on a very frequent basis for a fee lower than you might expect. Finding an... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What basis does a District County Criminal Judge order a gps ankle monitor for a non-risk Felony theft charge?
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

Judges have broad latitude to order "reasonable" conditions of bail. Aside from the obvious issues relating to possible flight (meaning the defendant may attempt to skip out on his obligation to go to court), judges may consider the likelihood of committing other offenses while free on... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can I release an atty that filed for a wrongful death suit once its filied
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

I'm sorry, but you are in the wrong area on this site. You should post under injury law, civil litigation, or wrongful death.

1 Answer | Asked in Criminal Law for Texas on
Q: I have paid 600.00 to a third party and my attorney to expunge a case for me. However it's going on 9 months and nothing
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

I don't know what "third party" you mean, but $600 sounds VERY low for an expunction. I don't know your circumstances, either, but the only statutory waiting period required is 30 days, which is how much time must be given between the date of the final hearing and the date the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What kind of lawyer do I need for expunge a misdeamor record
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

Most criminal lawyers are familiar with the civil remedy of expunction/expungement, so that type of attorney is the most appropriate one. Be prepared to be told there is a lawsuit to be filed on your behalf, but it is different than a standard civil lawsuit. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: My son received a letter from {redacted} stating he needed to send them $200 for shoplifting. Is this a scam
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

It's not technically a scam. It's an attempt by the business to recover a civil penalty authorized by law. It's highly unlikely the business will pursue it beyond letters, in my opinion. Make no mistake, a criminal case is brought by the State of Texas, NOT a private business, so... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If you are indicted for something and you didnt even know that you were in trouble can you fight it?

Son found out he had a warrant and the case has already been in front of the jury,he was never issued a ticket,nothing verbal and nothing in the mail. No notification at all...what can we do to fight this.

Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

There is far too little information available to answer the question. Cases do not go before a jury (unless you mean grand jury) without the defendant being charged and notified of the charge, then having the defendant enter a plea. By your description, I am going to assume this was a traffic... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Getting arrested for smoking marijuana in Texas

My 18 yr old college student was arrested twice within 2 weeks for smoking marijuanna. He has not geen to Court yet on the first charge and today arrested second time. If found guilty, what is the punishment? Does the 2nd charge affect outcome of first offenxe? Are these class c misdemeanors?

Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

Punishment for each is likely for a Class B misdemeanor each. The maximum charge for each is 180 days in jail and a $2,000.00 fine, but there is no minimum sentence.

The second charge definitely affects how the first charge is treated, and vice versa. There is no definitive answer to your...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How long does the state of texs have to indict you after you have been arrested
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

Your question depends entirely upon what charge is against you. Some are two years for misdemeanors, but some felonies have no statute of limitations.

Also,how often the grand jury meets can be a consideration, under some circumstances.

I'm sorry I cannot give a more detailed...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How can I have my class A misdemeanor become a none disclosure.
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

First, you may want to consider expunction, which is completely wiping the arrest information off your record. Eligibility standards are more limited than with non-disclosures, but the benefits are greater.

As to non-disclosures, they follow successfully completed deferred adjudication...
Read more »

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: My son was convicted in trial court and was sentenced to fifty years. On appeal he was Acquitted. What happens next.
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

The most obvious consideration for me is your son must have an appellate attorney who can answer this question, so I refer you to your son, recommending he consult with his attorney on this matter.

I hate to contradict my colleague who answered this question before me, but appellate courts...
Read more »

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