Texas Criminal Law Questions & Answers
Q: Can I prove my husband is disabled to get the charges dropped
He has 7 avaiding and 3 assaults
The state of being disabled is not a defense to prosecution. That said, if a person has no legs that will create obvious difficulty for the state to prove they evaded arrest on foot.
Q: Is a article 202 warrant for a felony or Misdemeanor in Lafayette Louisiana
It is unlikely that a Texas attorney will be able to give you the best answer. Please re-post this question in the Louisianna forum.
Q: i am in need of a good lawyer for current charges against me i was set up by a lady and i am in the middle of divorce
You will need to contact lawyers individually and directly
Q: Will you go to prison on a second offence of family violence
Not necessarily. Get a good lawyer to defend your rights and if all else fails to negotiate the best resolution to your case that can be made w/o jail time. Good luck to you.
Q: Who should I talk to if I know that someone lied on a police report and admitted it through text?
He was arrested and charged a misdemeanor class a, he's been going to court for it but every time he went they just asked for job verification, he missed court due to it being in another city with no transportation, his lawyer is court appointed and isn't really that much of a help. The "victim"... Read more »
You can turn the information over to the DA's office in the County where the case is pending as well as provide it to his lawyer.
I would caution you about speaking with the state or police; be very brief and only give facts you are sure of. Whether the DA agrees to lifting the warrant and... Read more »
Q: (Arkansas Statutes § 16-93-303 (2018).) It's been three years since I want to know what I have to do to enact this
I am sorry but your question is confusing. It probably should be asked in Arkansas b/c it seems to be asking about its law.
Also are you saying it has been 3 years since you wanted to know how to enact the statute? Perhaps you meant to ask that since 3 years has passed, you would like to... Read more »
Q: Is coercion legal when I say No to a search warrant?
Cops show up at my house on a tip there were drugs inside, without a warrant. They asked to come in, I said no. They said we’d be detained (there were 3 others there) until they got a warrant. I said no. Then they said we’d all be arrested if they couldn’t come in. So I reluctantly agreed.... Read more »
The entry was illegal. The threat to arrest was illegal. Being illegally inside your residence makes anything found illegally seized under Amend IV, U.S. Constitution, Art. I., Sec. 9 Tex. Const. and Art. 38.23 Texas Code Criminal Procedure and about 200 years of case law.
Q: My child's mother made a false report on me landing me a misdemeanor class A, she admitted to me she lied, What to do?
I have a warrant for the charge but have proof text messages that she lied? What can I do about this? She admitted that she did it to have my rights terminated.
If your misdemeanor case has not been resolved give the info to your attorney. If it’s over and you plead guilty you’re probably out of luck. Consult with a criminal appeal lawyer for possible remedies.
Q: Can someone get out of going to prison on a second offence of family violence
Sure, if found not guilty at trial or the charges are dismissed. IF not either of those then sentencing ranges depend on what the Class of the assault was. Further, some up-front counselling programs and treatment that shows remorse or prospects of rehabilitation could take the possibility of... Read more »
Q: How do I find more information about a murder of my step kids mother her name Sanjuana Macias and what charges
Is there a docket for this case
contact the police department
Q: Will you go to prison on a second offence of family violence
An assault that would normally be charged as a Class A Misdemeanor family violence can instead be charged as a Third-Degree Felony if the defendant has been previously convicted (or put on deferred adjudication) for an assaultive offense in a case that could be described as family violence or... Read more »
Q: can a charge be dropped if coerced into a search when I said no more than once to enter my home?
Cops show up at my house on a tip there were drugs inside, without a warrant. They asked to come in, I said no. They said we’d be detained (there were 3 others there) until they got a warrant. I said no. Then they said we’d all be arrested if they couldn’t come in. So I reluctantly agreed.... Read more »
Any case CAN be dismissed, but just because the police lied to you will not automatically cause the matter to go away. Start talking with local lawyers. Good luck.
Q: Am I able to expunge my felony criminal mischief conviction from 2000 (when I was 17) ? That was my 1st and only arrest
I was arrested with 2 other friends from school after a dumb night of breaking windows. Multiple misdemeanor charges from one night were aggregated into a felony. I was originally given probation that I unfortunately was unable to complete after basically becoming homeless at 17 due to a very... Read more »
I am sorry but no, you c/n get a conviction expunged. However you may be able to get your record sealed, especially juvenile records. But even if it is not juvenile charges you may still get the record sealed, depending adequate time has passed and no further infractions. Find a lawyer in the... Read more »
Q: Can you be charge child endangerment for leaving a traffic stop with your own child?!
Even if you wasn’t on a high speed chase
Yes you can be charged, but the prosecution will need to prove that it was both subjective and objectively endangerment to secure a conviction. There does not need to be a high-speed chase to endanger life. Anything outside the scope of what a reasonable and prudent driver would/should do in the... Read more »
Q: If i was placed on probation, i fell behind on my probation fees& community service hours & i complete them will i be ok
If you complete them before a Motion to Revoke is file, you should be okay.
Even if a motion is filed, Bell County's judges will usually not revoke you.
Q: Can I do jail time if I'm on probation for family violence
I was given 0robation for family violence and I am on probation but before I got probation I didn't know that I had another assault charge and was arrested am I going to loose my probation and how much time will I do in jail time
If you were put on probation BEFORE the incident that led to the second charge then it could be a violation of your probation AND that second charge can be a third-degree felony punishable by 2 to 10 years in the state penitentiary and a fine up to $10,000.
Q: I was charged in texas for failure to register but I couldn't get an id because I didn't have the proper paper work
Should I have to go to jail just because I couldn't get an id I tried but I didn't have the proper paper work to
The prosecutor's position will be that it just wasn't a priority for you to follow the law. In other words, if you won the lottery and needed to register to collect your winnings then you would have figured it out. Hire a local criminal defense attorney to maximize your chances of getting a... Read more »
Q: Will Kansas extradite a wanted fugitive on a felony warrant that gets apprehended in Texas
No one in this forum can speak for the State of Kansas, but why wouldn't a felony fugitive be extradited from Texas? Contact an attorney in Kansas where the original case was filed. Good luck.
Q: Accused pleads guilty to sex w/ minor but alleged victim and alleged witness may have inadvertently admitted false acc.
20 year old accused of relations with 14 y.o. that frequented his college, a girl they shared mutual friends with started stalking him at college. She allegedly had IMs with him claiming they had sex. He plead guilty which meant no conviction. Honestly I think the 19 year old mutual friend hacked... Read more »
You need to consult with an attorney that focuses on criminal appeals in Texas state courts. It is possible that the defendant waived some of his rights to appeal when he entered a guilty plea and you probably either need the alleged victim to recant and preferably also a statement from the person... Read more »
Q: Will I be arrested for changing my husband's mailing address to mine? (we are separated)
You could be, but who knows if you WILL be?!? That might depend on whether or not federal authorities can take a break from putting migrant children in steel cages long enough to worry about a little mail fraud.
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.
