i was pulled over for failure to use turn signal. they asked to search and i declined. he told me that was suspecious. i stated thats not the law. then he asked why i was arrested a year and a half prior?( i was for controlled substance but not indicted at the time) i stated if your asking that... Read more »
answered on Jun 1, 2023
Every case is different. Without seeing the dashcam it is hard to say what is reversible. Generally, police officers can pull you over for technical violations of the law (failure to signal, speeding, etc.). Many times they just want to search the car. However, these "pre-textual... Read more »
I reversed down my road about 40 feet, instead of turning around. There were no pedestrians or any other vehicles on the road at the time. It's not a single lane road. I reversed the put it in drive where I made it to my friend's house to pick him up for work and I had taken keys out of... Read more »
answered on May 30, 2023
There might be a violation of your Civil rights and it could be seen as an unlawful detention, and search.
But you did admit to breaking the law and driving after you smoked weed. That is enough to stop you and arrest you. It feels bad because it is weak. But I have done hundreds of... Read more »
I heard that if a friend can just get up and leave and the other person they ate with would be forced to pay the bill despite the fact there was no prior agreement to pay for each others meal. I heard that if I did not pay their bill I would be arrested for theft even though I paid for my food and... Read more »
answered on May 28, 2023
In my analysis, you need to look at Risk vs. Benefit. Don't go to a restaurant with someone unless you have an understanding, before you walk in, that this is a "Dutch" treat, meaning the you are each responsible to pay for your own meal. Ask for separate checks, this indicates... Read more »
I am looking for this information for judges in Harris County, Texas.
answered on May 25, 2023
I would use a targeted search for appellate decisions of cases determined by that judge during his or her tenure on a site like Westlaw or LexisNexis, then narrow that search using the word "reverse," and then scroll through the results to count how many of those cases include a judgment... Read more »
I've asked for court dates and videos for this and still haven't gotten anything and I was also told I was indicted asked for paperwork and still nothing but a plea bargain
answered on May 21, 2023
The first question I have is, has the warrant for your failure to appear been resolved? Secondly, did the DA seek a second indictment for bail jumping?
Assuming your warrant has been resolved on the initial case, and assuming there is not an additional indictment pending for bail jumping,... Read more »
My whole life has changed and its the scariest thing in the world. I want better for myself and the future
answered on May 20, 2023
If you are in fear for your life, you should call 911, arm yourself as best as you can, find the safest place in your home (like a closet or windowless bathroom), and crouch as low as you can watching the door until police arrive.
If people are gaslighting you, avoid those people and the... Read more »
My 2 brothers are colluding to sell mom's house from under her & take her money. They've taken her to nearby county. They lie to her & she doesn't realize what they're doing. How can I get her back to her own home? Police/welfare check NOT WORK.
Already tried... Read more »
answered on May 19, 2023
Go to where she is, pick her up, and give her a ride back to her house. Then either stay with her or hire someone to check on her daily to make sure she is able to properly care for herself in her own home.
Without her signature or her permission via a power of attorney, your two... Read more »
answered on May 19, 2023
A Blue Warrant is one issued by Parole Board for an alleged violation of your Parole terms. The Warrant must be properly submitted and signed and approved. Whether it is for a Felony violation or a Misdemeanor violation, it is still a warrant.
There is no reason to change it, as it calls... Read more »
answered on May 18, 2023
It depends upon the particular facts and circumstances being alleged.
Think about it this way: If you leave your credit card at a restaurant, you can't charge the restaurant owner for fraud. But, if you leave your credit card at a restaurant and the restaurant owner uses it to make... Read more »
answered on May 15, 2023
Go to the Wise County Clerk's Office for copy of misdemeanor allegations. On the felony case, the Wise County District Clerk should be able to provide the actual charge(s) contained in an indictment against the person, assuming that the Wise County Grand jury has, in fact, returned a true bill... Read more »
Release on parole in Florida on a Interstate compact from Texas
answered on May 14, 2023
If you already pleaded guilty, and it was more than 30 days ago, you are out of luck trying to fight the case.
There are some esoteric and rare cases where you can fight your conviction even after 30 days, but that is very unlikely, unless you found new evidence, that was not available at... Read more »
answered on May 13, 2023
I believe you are referring to an entry on the court clerk's website. The abbreviation you question is "Discovery has been Filed and Acknowledged." Discovery is the general term for documents and recordings by police and/or the DA's office that must be turned over to the... Read more »
Hes is harris county they have reset several court date for lack of interpreter to talk to and for my son
answered on May 13, 2023
My office helps all handicapped people. There are a lot of good lawyers on Justia.
The court and his lawyer MUST accommodate your son, and the fact that they have not got him an interpreter is unlawful and shameful!
The defense lawyer is required to notify the court at least three... Read more »
I have a past criminal misdemeanor in Texas, I was born in Texas and seek to use a name change court order from Arkansas (my state of residence currently) to amend my birth certificate and change my name on all my identifying documents. I need to know if I can safely use the Arkansas court order or... Read more »
answered on May 13, 2023
I am NOT an Arkansas Lawyer.
However, I have practiced in many states and they all want your full past criminal history as part of your application for a name change. If that is so in Arkansas, then they will probably require you to notify where ever you got the Misdemeanor, as part of the... Read 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... Read more »
answered on May 6, 2023
All evidence in a criminal trial is either admitted, or excluded, pursuant to The Texas Rules of Evidence, The Texas Penal Code, and The Texas Rules of Criminal Procedure. It's the obligation of the court, as gatekeeper, to determine the admissibility, or inadmissibility, of all evidence which... Read more »
I cannot get the DA nor the DA's investigator to answer any calls or emails. The officer involved is frustrated as well. This has been going on for over six months and no charges have been brought
answered on May 5, 2023
The answer is "yes", but I would speak to the prosecutor handling your case before filing your civil suit.
A civil lawsuit running parallel to a criminal prosecution can be used by the defense in the criminal case to show the complainant's motive. In other words, if a Judge... Read more »
The judge never held the hearing. Is it true that in order to submit a mandamus to get the the judge to follow that law someone has to request the judge to follow that law?
answered on May 4, 2023
Article 64.03 of the TX Criminal procedure law states what actions the court MAY take.
Your question does not state which method you used to ask for the testing of DNA materials in your case.
Do you have a lawyer that filed the Art. 64 motion?
In any event, if a District... Read 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... Read 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.... Read more »
Today my husband almost got hit at work, along with an employee and customer. The crazy ex texts both of us saying he won’t miss again. I really need to know as soon as possible. So I can make this all go away. Theirs is so much more to this story and frankly I’m tired of having to even watch... Read more »
answered on Apr 27, 2023
Saying he won't miss again under the facts presented sounds to me like it violates the criminal statute against making "terroristic threats." In this context, "terroristic" is not limited to a political terrorist like on the news. It is a criminal offense defined as... Read 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.