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Questions Answered by Brian Marc Roberts
1 Answer | Asked in Domestic Violence for Texas on
Q: Nobody was arrested on scene. Do this mean were in the clear?

The girl I was dating had struck my face while we were out after an argument. we both took seperate ubers back to her place where I had my dog and, clothes, car keys which I needed. There was a good amount of alcohol involved. Police were called but nobody was arrested. I told them about the... View More

Brian Marc Roberts
Brian Marc Roberts
answered on Dec 5, 2022

The answer is maybe. Usually, police will arrest the accused at the scene in a family violence case. An assault in a dating relationship is considered family violence. Your case may have been referred by the DA for further investigation, which is one explanation for why she was not arrested. In... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I was visiting my friend in a trailer park I used to live in.manager follows me to his trailer and tells him I'm trespas

He owns property and trailer and I have other friends I visit in trailrpark also.ive committed no crime at all.

Brian Marc Roberts
Brian Marc Roberts
answered on Dec 5, 2022

A property owner has the right to bar you from their property for any reason. Now that you have received a trespass notice, if you return to the property the owner can call the police and have you charged with misdemeanor criminal trespass.

1 Answer | Asked in Criminal Law for Texas on
Q: Could an agg. Robbery 1st degree get lowered or dropped?
Brian Marc Roberts
Brian Marc Roberts
answered on Dec 2, 2022

In general terms, the case can be reduced to robbery or other lesser charge as part of a plea agreement. A reduction would depend on a number of factors but, if the defendant fired a gun during the commission of an aggravated robbery, it is unlikely the state will agree to reduce the charge.... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Is a field test required by an arresting officer during a traffic stop? i.e. meth

How can someone be arrested for a simple possession in Oklahoma if the substance was never tested at the scene? Is the substance automatically sent to a lab to be tested? How long can this test take? Can an individual request these results? Should there be a certain amount in order to be tested?... View More

Brian Marc Roberts
Brian Marc Roberts
answered on Dec 2, 2022

Many agencies have stopped field-testing substances they believe to be drugs based on their experience with narcotics and the appearance of the substance. A few years ago a couple of officers were rushed to the hospital after being exposed to a narcotic after opening the container it was in and... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: CPS cleared my son of any sexual abuse case against his daughter. Can the DA press charges on him months later.

its been months and they have no new evidence for them to base their claims.

Brian Marc Roberts
Brian Marc Roberts
answered on Dec 2, 2022

CPS is not a law enforcement agency and has no power to arrest. Prosecutors will file charges if they believe a child has been sexually assaulted. Once a complaint is made, CPS and law enforcement get involved. In Harris County, children who make an outcry of sexual abuse are referred to the... View More

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