Questions Answered by Milan Marinkovich

Q: Im a County Corrections officer in the State of texas. As such, can I execute indictments in my jail as per CCP chap. 231?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jul 28, 2012

The section is 2.31 of the Code of Criminal Procedure (not 231). The question as posed, "executing indictments" is confusing. Regarding indictments, Art. 25.01 provides as follows: "In every case of felony, when the accused is in custody, or as soon as he may be arrested, the clerk of the court where an indictment has been presented shall immediately make a certified copy of the same, and deliver such copy to the sheriff, together with a writ directed to such sheriff, commanding him forthwith...

Q: Punishment for child sexual abuse?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jul 28, 2012

In general, Sections 22.011 and 22.021 of the Texas Penal Code provides the range of punishment. Section 22.011 is entitled "Sexual Assault". Subsection (c)(1) defines "child" as a person "younger than 17 years of age."

Depending on the specific facts, an offense under Section 22.011 is either a felony of the first or second degree.

[First degree felony punishment]:(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas...

Q: How can I see if someone has a criminal lawsuit filled against them or their former business? Thank You

1 Answer | Asked in Criminal Law for Texas on
Answered on Jul 28, 2012

I think you mean "civil" lawsuit (not "criminal" lawsuit). A criminal case generally begins with an indictment and is brought in the name of "The State of Texas". If you are looking to see if a civil lawsuit was filed against someone or their business, you will need to check with the Clerk's office in the county where the person or their business is located. Most counties have this information available online.

Q: My son was in prison for 5 1/2 years he was released on parole he completed this june can he apply for expungement

1 Answer | Asked in Criminal Law for Texas on
Answered on Jul 27, 2012

Based on those facts, this was a conviction. Pursuant to Article 55.01 of the Texas Code of Criminal Procedure, unless he was pardoned, he cannot apply for an expunction.

Q: Is there any Acts or Bills Relating to Corporal Punishment?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jul 27, 2012

Two recent bills in the Texas House:

HB916: http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB916

HB359: http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB359

Q: I had a forgery case and received deferred adjudication. The case is out of conroe, texas. can i get it expunged/sealed?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jul 27, 2012

No expunction under Article 55.01 of the Code of Criminal Procedure. You may be eligible for what is generally called a "deferred adjudication order of nondisclosure" pursuant to Texas Government Code Section 411.081.

Q: In the state of Texas is it "evading" police by turning your hazard lights on and drivng at a slow speed.

2 Answers | Asked in Criminal Law for Texas on
Answered on Jul 27, 2012

The Texas Penal Code Section 38.04 entitled "Evading Arrest or Detention" provides:

(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him. The ultimate issue is "intent".

The Texas Penal Code 6.03(a) further provides: A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in...

Q: Can i get arrested for driving with a suspended license?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jul 8, 2012

Yes. It is a misdemeanor offense.

Q: Can the reduce a POSS CS PG 1 <1G charge to a misdermeanor?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jul 8, 2012

While anything is possible, it is not probable that a District Attorney's office will reduce a felony (in this case a state jail felony) to a misdemeanor. For first time offenders, you may be offered deferred adjudication on the felony offense.

Q: MAY17 MY GRANDSON WAS STOPPED, REFUSED BREATHALIZER TAKEN DWI. HEARING JUL 11 TO KEEP LICENSE. HELP?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jul 8, 2012

I'm assuming the "HEARING JUL 11 TO KEEP LICENSE. HELP?" is the ALR (Administrative License Revocation) hearing?

If so, the ALR is a separate CIVIL, administrative process separate from the criminal DWI case.

Your grandson was asked to take a chemical test to measure his blood alcohol concentration (BAC) level. This is generally a "breath test".

He was served a notice that his driver license will be suspended if he or she refuses to take the test or fails it (registering...

Q: I have a strong desire for my uncle's case to be reopened. I believe that he was jailed even though there was no evidence

1 Answer | Asked in Criminal Law for Texas on
Answered on Jul 8, 2012

In general, a Notice of Appeal must be filed within 30 days of the date the defendant was sentenced. However, if a Motion for New Trial was filed, then the appeal must be filed within 30 days after the Motion for New Trial was denied.

This appeal goes to one of the 14 Courts of Appeal in Texas. (http://www.courts.state.tx.us/courts/coa.asp) Each court has jurisdiction based on a specific geographical region of Texas.

It is important to note that the appellate court does not...

Q: If someone has a sentence of life without parole, is there a chance of him getting out early, or getting his sentence reduced?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jul 8, 2012

No. Texas Penal Code Section 12.32 provides that individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years.

Q: Can a convicted felon get their criminal record expunged?

1 Answer | Asked in Criminal Law for Texas on
Answered on Sep 22, 2011

Try this answer to a previous expunction question: http://bit.ly/p8Rg6k

Q: What is punishment for a charge of theft $50-$500 I think they told me it was a class c mistermeiner?

1 Answer | Asked in Criminal Law for Texas on
Answered on Sep 22, 2011

If the value of the property is $50.00 or more but less than $500.00, it is a Class "B" misdemeanor.

Q: What is required for a police officer to break a door down to searve an arrest warrant?

1 Answer | Asked in Criminal Law for Texas on
Answered on Sep 1, 2011

The "knock and announce" rule is part of the "reasonableness" inquiry under the 4th Amendment. In general, law enforcement officers must announce their presence (i.e."knock and announce") and provide the resident(s) with an opportunity to open the door. See: Martinez v. State, 220 S.W.3d 183 (Tex. App. Austin 2007).

Under certain circumstances however, the "knock and announce rule" would not apply if certain circumstances were present. For instance, if police officers believed that...

Q: What does the following mean;-Insufficient Bond - Poss Cs Pg 1 <1g

1 Answer | Asked in Uncategorized for Texas on
Answered on Sep 1, 2011

Texas Code of Criminal Procedure Article 17.08 provides that a bail bond must contain the following requisites:

1. That it be made payable to “The State of Texas”;

2. That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him;

3. If the defendant is charged with a felony, that it state that he is charged with a felony. If the defendant is charged with a...

Q: Can someone please tell me what territory is covered by the 144th Judicial District Court? I am writing a book.

1 Answer | Asked in Uncategorized for Texas on
Answered on Sep 1, 2011

The 144th Judicial District Court is in Bexar County, Texas.

http://www.bexar.org/judges/JudgeStahl.html

Q: What are the requirements for alimony?

1 Answer | Asked in Divorce for Texas on
Answered on Aug 30, 2011

In Texas, it's referred to as "Spousal Maintenance". Under V.T.C.A Family Code Section 8.052, a court that determines that a spouse is eligible to receive maintenance must determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:

(1) the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse's...

Q: How can I follow the case Petras v. Mole et al in Texas Northern District Court, Judge Godbey, online without paying?

1 Answer | Asked in Uncategorized for Texas on
Answered on Aug 30, 2011

Justia.com has a link for general information: http://dockets.justia.com/docket/texas/txndce/3:2011cv01402/207378/

However, you will need a PACER subscription: http://www.pacer.gov/

to access the filings. There is a cost associated with PACER.

Q: Can a lawyer cancel a court date or is the judge the only one able to do so?

1 Answer | Asked in Family Law for Texas on
Answered on Aug 30, 2011

Texas Rule of Civil Procedure 247 generally provides: "No cause which has been set upon the trial docket of the court shall be taken from the trial docket for the date set except by [1] agreement of the parties or [2] for good cause upon motion and notice to the opposing party." So, unless there was an agreement between the parties or a written motion filed, one attorney cannot unilaterally "cancel" a trial date.

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