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2 Answers | Asked in Criminal Law for Texas on
Q: Am I able to talk to my sons court appointed attourney without my sons permission? He’s 31, homeless and is schizoid

He quit seeing psychiatrist and taking his meds. He has a pending jail time drug felony in one county (TX) and a pending drug felony in another TX county and now arrested for unlawful firearm possession. He was sleeping under a bridge and was searched. He said he kept it for protection. Gun has... View More

Rick  Davis
Rick Davis
answered on Oct 12, 2020

Because of the attorney-client privilege, your son's attorney cannot discuss your son's case with you without your son's consent unless you have been appointed by a Court as guardian of your son's person.

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3 Answers | Asked in Criminal Law for Texas on
Q: Can the same court appointed lawyer repersent two def people of the same case

They kicked in my door and took my friend and I to jail . I bonded out and we both got the same court appointed lawyer . she has already signed

Rick  Davis
Rick Davis
answered on Oct 9, 2020

There is a high probability that the lawyer has a conflict of interest and cannot represent you both.

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1 Answer | Asked in Criminal Law for Texas on
Q: If you're in someone's house visiting and they get busted for methamphetamines do I get charged for to
Rick  Davis
Rick Davis
answered on Oct 6, 2020

It all depends on whether you exerted care, custody or control over it. If you and some friends were sitting around a table , the meth was on the table in front of you and there was evidence that y'all were using it, everyone could probably be successfully prosecuted for it.

1 Answer | Asked in Criminal Law for Texas on
Q: If it if methamphetamine is found in someone's house and I'm in it at the time I have nothing on me is that possession
Rick  Davis
Rick Davis
answered on Oct 6, 2020

It all depends on whether you exerted care, custody or control over it. If you and some friends were sitting around a table , the meth was on the table in front of you and there was evidence that y'all were using it, everyone could probably be successfully prosecuted for it.

5 Answers | Asked in Criminal Law for Texas on
Q: I received deferred adjudication in march for a mistake. I completed everything. Will it show in a background check?

I walked off of a Wal-Mart with an iitemi intended to bit accidentally & was charged with theft. I paid all my fees & got into no more trouble & the case was dismissed. Will that show on a background check?

Rick  Davis
Rick Davis
answered on Oct 6, 2020

That arrest and case will likely appear on your record unless you file a Petition for Order of Non-Disclosure with the Court and the Court grants the Motion.

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1 Answer | Asked in Family Law for Texas on
Q: My dad died at work with the settlement money we bought a house now my mom wants to sell the house and keep everything.

What can I do ? She said it’s her house since we were under age when my dad passed and the check was written under her name when she purchased the house. She trying to sell our house and keep everything to move with her new boyfriend.

Rick  Davis
Rick Davis
answered on Oct 6, 2020

It depends on whether any of the settlement proceeds where intended for you as a minor. If so, you may have a claim against your mother for misappropriating your settlement proceeds. The answer to your question depends on what was in the written settlement agreement.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Want to know about ineffective counsel with a open plea
Rick  Davis
Rick Davis
answered on Oct 4, 2020

Your question is far too broad for anyone to accurately answer in this forum. However, it is theoretically possible to make a complaint for ineffective assistance of counsel after an open plea if the attorney recommended doing so and did not adequately investigate and present a defense that the... View More

3 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Texas on
Q: Is the vehicle owner liable instead of driver in Texas? Can the owner be sued?

Driver was not the registered owner. A claim was then filed against her insurance company after the accident. She provided her insurance information to me. Her insurance declined the claim. The Insurance do not provide liability coverage for any person for that person's liability arising... View More

Rick  Davis
Rick Davis
answered on Oct 4, 2020

In theory, an injured Plaintiff might sue the owner of a car even if the owner was not driving under a cause of action for "negligent entrustment."

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3 Answers | Asked in Criminal Law for Texas on
Q: I live in Texas, I’m being charged with aggravated assault with a deadly weapon but no one was hurt

I live in Texas, I’m being charged with aggravated assault with a deadly weapon but no one was hurt. Can the charge get dropped to misdemeanor or a less serious charge

Rick  Davis
Rick Davis
answered on Oct 4, 2020

In theory, an Aggravated Assault - Deadly Weapon could be reduced to a lesser included misdemeanor offense, but either the prosecutor would have to agree to do so or a jury, after a trial, would have to find that you are not guilty of felony Aggravated Assault - Deadly Weapon but were only guilty... View More

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Mother with custody was deported, Me the father without custody Will keep child, how can get custody?
Rick  Davis
Rick Davis
answered on Oct 1, 2020

You should ask the Court for an Order to make you the parent with primary custody.

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2 Answers | Asked in Criminal Law for Texas on
Q: How much trouble am I in ? I texted a friend and asked them if they could get me 20 dollars of stuff

A hour later I called her and told her to just bring my friends 20 dollars back.i then received a text saying this is sheriff Tatum and what was the 20 dollars for.im scared I left my house and haven't went back since.i don't know what to do

Rick  Davis
Rick Davis
answered on Sep 30, 2020

I suggest that you stop texting, do not respond to the text that you describe and then consult with an experienced Criminal Defense lawyer.

https://www.attorneyrickdavis.com/

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2 Answers | Asked in Criminal Law for Texas on
Q: i have gone about thisall wrong.Ive been trying to get$ together to for an att. andhavent met one yet, tomorrow is hear

I have a hearing for a less than 1 possession charge and dont want to have to go in again without an attorney

Rick  Davis
Rick Davis
answered on Sep 30, 2020

If you cannot afford an attorney, the Court will appoint one for you.

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2 Answers | Asked in Criminal Law for Texas on
Q: i didnt shoot a gun but there were witnesses saying they saw a gun in my hand and shots were fired. what should i plead?

i have been charged with felony deadly conduct.

Rick  Davis
Rick Davis
answered on Sep 29, 2020

Not guilty.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hello. My ex-husband had a TRO signed against me for picking up our daughter on 9/9/2020 with no reason or allegations

I am the custodial parent, however he took her for a visit and refused to give her back and then had a restraining order files. . The hearing has been reset to mid October as he is required to get a nail drug test bc he is an addict and is on felony probation. Since it has been over 14 days since... View More

Rick  Davis
Rick Davis
answered on Sep 28, 2020

Under the Texas Rules of Civil Procedure, a Temporary Restraining Order usually expires on its own 14 days after it has been issued. TRO's are often extended, however. I suggest that you call the District Clerk to ask.

2 Answers | Asked in Criminal Law for Texas on
Q: Do I have the right to request back from the police my deceased brother’s gun collection confiscated 3 years ago?

The police took his gun collection because he had a felon. He was trying to sell his guns to help pay for his legal bills. My brother committed suicide last week and I am the next of kin. I want to sell the guns to pay for his final arrangements. His gun collection was worth 10’s of thousands... View More

Rick  Davis
Rick Davis
answered on Sep 27, 2020

You have the right to ask, but it does not mean that the police will comply. I suggest that you contact the police chief of the District Attorney and explain the situation and see if they can accommodate you. If not, a lawyer may be able to help you.

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2 Answers | Asked in Criminal Law for Texas on
Q: Got arrested with a class a and b misdemeanor, it’s almost been two years. Is my case still open after two years ?
Rick  Davis
Rick Davis
answered on Sep 24, 2020

The statute for limitations for Class A & B misdemeanors is two years.

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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Our son,40 owns his home. His girlfriend of 1 yr, asks to move in to his house with 2 dogs. What are legal issues?

Our son, has bad allergies. He has a good computer job and works from his home. If he allows his girlfriend to move in, can he make her move out? What if he cannot get along with her and needs to end the relationship? What are legal issues?

Rick  Davis
Rick Davis
answered on Sep 20, 2020

If son's girlfriend has no ownership interest in his house and is not on any lease agreement in connection with the house, he can have her evicted.

3 Answers | Asked in Criminal Law for Texas on
Q: class A misdemeanor for assault causes bodily injury family member. How do i get removed from my records

I was charged with a class A misdemeanor for assault causes bodily injury family member after a domestic dispute with my wife in which I reached for the remote from her and grabbed her arm to retrieve it after she would not give it back. She called the police and later called back to have the... View More

Rick  Davis
Rick Davis
answered on Sep 20, 2020

The State can prosecute a person believed to have committed a crime even if the alleged victim tells them that he or she does not want the case prosecuted. You will likely need to have a lawyer to help you in this situation. If you are in our geographic area, we would be happy to help.... View More

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