answered on Aug 18, 2023
You cannot knowingly be in the presence of a gun as a convicted felon in Texas. If you are in a vehicle and the firearm is in vehicle and not on the person it could be considered constructive possession. Best not be be in a vehicle that you know has a gun in it.
Stop spotlighting peoples houses, #### pigs. I always also charged with resisting arrest and I have separate cases for each charge. Can anyone help?
answered on Aug 2, 2023
You should hire a criminal defense attorney in the county or nearby county in which you were arrested or charged to determine whether any of your constitutional rights were violated and to obtain the best possible outcome for your case. There are number of general and affirmative defenses and... View More 
If have never had a drug charge why are they enhancing it
answered on Jul 20, 2023
In Texas, enhancements are based on priors, namely TDC trips (and for a state jail felony enhancement, prior state jail trips). It does not have to be based on a drug charge specifically, it can be other felonies as well. When charged with a state jail felony, two prior TDC trips will enhance it... View More
I successfully completed it in 2011.
answered on May 10, 2023
In your case, a successful deferred adjudication completion is a dismissal and under TEXAS law, you can possess a firearm with the same rights as everyone else, as the charge did not result in a conviction. However, a deferred adjudication in Texas is considered a conviction under FEDERAL law. 18... View More
My son's dad is being charged with aggravated assault with a deadly weapon and endangerment of a child/criminal negligence.
The only thing he has on his record is a dismissed misdemeanor of a discharge of a firearm. There were two minors at the scene who witnessed everything. When... View More
answered on Apr 28, 2023
In Texas, Aggravated Assault With a Deadly Weapon is a second degree felony in Texas which carries a potential jail sentence from 2 to 20 years along with a fine of up to $10,000. Child abandonment or endangerment can range from a state jail felony (180 days to 2 years) to a second degree felony.... View More
my friend got charged with possession of c.s...the police report says he has I think a gram..but the lab report came back and they said there wasn't even enough to register...is that automatic grounds for a full dismissal?
answered on Oct 14, 2022
Violating a PR bond can result in a bond forfeiture which can result in an arrest warrant. You should hire a criminal defense attorney to make an argument for and move for a dismissal.
For monday. Whats gonna happen if he doesnt show up again for the court
answered on Aug 3, 2022
The judge will likely reset the trial date if your attorney does not appear especially without knowing the reason why. Try to contact your lawyer and inform him of the trial date.
What if charges/warrant hasn’t been issued. I just don’t want to go through all the proceedings and want it to be over.
answered on Apr 14, 2022
You can provide the prosecutor will a non-prosecution affidavit requesting that you do not wish for charges to be filed against your boyfriend if you are the alleged victim. However, it should be well written and you should consult your boyfriend's attorney regarding the language. A... View More
I have 2 class b misdemeanor cases that I am looking to expunge. I am looking for guidance as to how to go about doing this, the proper forms to utilize and everything.
answered on Mar 24, 2022
We cannot solicit on this forum. There are many lawyers on this forum, as I, who handle expunged and/or seal criminal records in Texas. You should hire an expunction attorney to handle the matter for you.
answered on Feb 9, 2022
In Texas, Disorderly Conduct is a Class C misdemeanor with a $500.00 fine, no jail time, unless it involves a firearm, then it is a Class B misdemeanor, six months in county jail plus a $2000 fine.
Will it be an issue to install? My daughter was going to be the one driving me to and from work but a friend told us if im in the car where the device is connected I have to be the one driving. I don't know how true that is
answered on Feb 3, 2022
Your daughter must take and pass a breath test in order to start the vehicle. All drivers should be trained on the operation of the device.
The police was in attendance and found a gun in the room, but was not used in the argument!
My friend is currently in bell county jail with no means to pay bond !
The wife is willing to drop charges, but DA have threatened with child protection services, so she is scared! No... View More
answered on Jan 20, 2022
Your friend should hire a criminal defense attorney to review the facts, circumstances, and evidence in the case to determine the best possible outcome.
It's a possession of marijuana under 2 ounces charge and I spent 6 days in jail
answered on Jan 3, 2022
Yes, you should hire a criminal defense attorney to obtain the best possible outcome in your case.
answered on Jan 3, 2022
In Texas, there is no statute of limitations for indecency with a child, sexual assault, or rape of a victim who is a child.
My son’s grandma (not my mom) was recently arrested for “forgery of a financial instrument >2500<30k, ENH IAT.” It was some sort of government document but I can’t see what exactly it was. It’s listed as a third degree felony on her arraignment public record. She has 5 prior... View More
answered on Dec 20, 2021
Your son's grandma should hire a criminal defense attorney to review her case to determine the best possible outcome as she could be enhanced, meaning given a heavier sentence, if she is a repeat or habitual offender (two prior TDC trips). Under the scenario you provided, it is possible for... View More
MY BROTHER hit a cop car in Texas and was caught with cbd gummies. He refused a breathalyzer. The dui was placed under a misdemeanor while they were awaiting results from the lab over the cbd. The lab couldn't test the cbd and because so, they decided to up the dui to a felony because they... View More
answered on Dec 19, 2021
In order for the State to charge your brother with a felony DWI in Texas, your brother would have to be charged with a third DWI offense, intoxication assault, intoxication manslaughter, or a DWI with a Minor under 15. You should hire a criminal defense attorney to review the facts and evidence of... View More
If someone applied for unemployment last year and put an incorrect reason for losing job on application and received regular unemployment benefits then was automatically enrolled in temporary pua benefits when regular benefits ended, receiving a total of $11,000 from unemployment would that... View More
answered on Dec 19, 2021
The Texas Unemployment Compensation Act (TUCA) provides for administrative, civil action, and criminal penalties for fraudulent misrepresentation. However, during 2020, nine individuals were indicted for Felony Theft of Unemployment benefits, namely Class A misdemeanors and state jail felonies, but... View More
In my property can I press charges against them for assault and the cops said I can’t arrested them because you invited them but I only invited one person
answered on Dec 8, 2021
Although you challenged the assailant to a fight and there is a "Consent as Defense to Assaultive Conduct" defense in Texas, Texas Penal Code - PENAL § 22.06, in this case, it appears that you did not consent to fight any other person and the additional parties involved exceeded the... View More
Indictment doesn't match the complaint. Certain things that were voted on was changed by the A.D.A...
answered on Dec 5, 2021
In Texas, Articles 28.10 and 28.11 provide the State with the opportunity to amend an indictment.
answered on Dec 2, 2021
The statute of limitations for felony drug possession in Texas is three years from the date on which the offense was committed in Texas.
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