My husband was arrested for a felony assault charge from his ex wife. The alleged assault was said to have happened when my husband supposedly closed a car door on his ex wife leg. This happened in 2011 right after their split. The alleged assault never happened and because of lack of evidence on... Read more »
An arrest which does not result in convictioin or probation will not keep your husband from purchasing and possessing a firearm.
Filed by indictment was his book in..is that a legal indictment or does the grand jury have to indict him. He also was not evaluated within 24 to 72hrs. Can I file a writ of habeas corpus
If the person is being held on a felony offense, then, yes, the person has a right to be indicted by a grand jury before the State of Texas can prosecute him for that felony. The only exception to this rule is that an accused person in some cases may be allowed to waive (give up) his right to be... Read more »
Is that grounds for probable cause to search and during an unconsented search can they snap their fingers and get the dog to jump inside the car thru the window?
In short, yes. You can be charged with eluding if you willfully fail or refuse to bring your vehicle to a stop; or flee or attempt to elude a pursuing police vehicle when given a visual or audible cue from the officer to stop. However, you should hire a criminal defense attorney to review the... Read more »
Their fingers and get the dog to jump thru your car window 4 times?
In short, yes. You can be charged with eluding if you willfully fail or refuse to bring your vehicle to a stop; or flee or attempt to elude a pursuing police vehicle when given a visual or audible cue from the officer to stop. However, you should hire a criminal defense attorney to review the... Read more »
I have to report as if I am already on probation. I am not guilty for the charge. I did not have counsel at the time and during the arraignment, that judge didn't give it hand that out. I am innocent so I don't feel like this right anyway.
The judge set bail conditions based on your background, criminal history, the severity of the offense, community ties, etc. Once you hire an attorney, your attorney can approach the judge to amend conditions.
We were both in the vehicle and it was closer to me than him cause it was mine he didn't acknowledge it until I told him that I had it in the car with us we got pulled over with our 2 friends to one had a gun with drugs without our knowledge and the other they charged him with a fire arm but... Read more »
So of the four people in the car, you're saying everybody had a gun of some kind except for your husband? And your question, as I understand it, is what will happen to your husband and what might happen to you if you sign an affidavit stating that the gun in question is owned by you. Well let... Read more »
Well, no. Jumping bond is not rewarded by grating the "jumper" a victory in his case. I mean, as we say in Mexico, el duh!
My Texas probation officer testified in court that he “contacted the ‘lab’ to make special drug tests, set a lower cut-off levels for certain probationers” if he thought abuse had occurred. Is that illegal??
You should always try to stay on your probation officer's good side while at the same time remembering that the judge is actually the final authority on what to do about any alleged violations. It is important to get your own attorney if they attempt to revoke or modify your probation.
Just a thought experiment, but needed to be asked. Understandably, it would be difficult for a private citizen to file suit against the hordes of unvaxed choking the health care system, much like the novel SB8's workaround. While I understand the concept of sovereign immunity, I still... Read more »
It’s all a big giant scary mess. I cringe every time I see political leaders on TV saying parents, the vast majority of which are not virologists and probably do not even own microscopes, should decide whether vaccines are in the best interest of their children. What if parents decide they should... Read more »
If drugs are found under the driver seat of a car and the driver is the owner of the car, can the passenger be charged with possession because the driver/owner refuses to take ownership? If so, how likely is a case like that to stick?
You wouldn't be asking this question if this fact situation hadn't already occurred. So you know the answer already. The passenger(P) can be charged with possession. (If the assumptions I'm making are incorrect, then disregard my answer.)
If the P is charged based solely on... Read more »
If enforcement of ordinance would directly violate 1st Amendment
A Texas attorney could advise best, but your post remains open for two weeks. Ordinances could be challenged on constitutional grounds in the course of their development, while in committees or floor debates. Ordinances are also sometimes challenged in the course of actual cases that challenge... Read more »
What kind of information are you trying to provide? The answer to that question will lead you to the people you should speak with. For example:
If you have information that might help the person with their court case, then you should try to contact their lawyer. When you look up jail... Read more »
Sons gf lives with uncle and grandma her mom lives in Mexico she had a argument they told her to leave her mom talks to me ask me to give her a place to stay three days later she went home again with uncle and grandma following day she asked me to pick her up and drop off at a store for someone... Read more »
The answer is "yes", you can be charged if the police have reason to believe you are not telling the truth about how much you knew. Quit talking to the police and get a lawyer. If the police believed you, they wouldn't be threatening to try to convince the D.A. to prosecute you.... Read more »
Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.
Defendant believes counsel was overwhelmed &... Read more »
First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »
I am not guilty, I had no knowledge of the marijuana being in my vehicle, and I denied the police permission to search my vehicle. I want to get my case dismissed.
Getting a dismissal in a case like this isn't about filing motions and forms. The most likely path to dismissal will require a suppression hearing, the success of which is likely to depend on legal technicalities regarding the stop, the search, the arrest, and the transition from a traffic... Read more »
Judge signs for psychiatrist to see me April 30 and resend is lawyer could not talk to me about case, said I was argumentative or did not meet him. Court records shows he said he tried to meet me on May 3. But doctor report is also dated May 3. How can I argumentative with a man that I never meet?... Read more »
No, there are not any offenses defined in the Texas Rules of Evidence. That said, Tampering with a Governmental Record is an offense defined in the Texas Penal Code.
I’ve been on bond for a year and have not been indited ..or no court date or anything, been asking my “paid attorney”for a speedy trial since day one,because of my innocence. But I do think he knows the law very well. Keep saying cuz of covid but I’m going through a divorce and I’m going... Read more »
It is true that the right to a speedy trial does not attach until the case is indicted. It is also true that there is no right to a speedy indictment. However, you can usually force an indictment by demanding an Examining Trial to determine probable cause. This is only a good idea in rare... Read more »
There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »
The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html
It a case that's was in the prisonlegal news of a female fighting being setoff for nature of offense was it a ruling on it
I am not sure of your exact question, or the situation you describe. Calling an attorney may help. Good luck.
Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there
Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... Read more »
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