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.
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
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
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
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?
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
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.
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
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
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
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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.