Texas Criminal Law Questions & Answers
Q: Is it OK that Plano Police filed sworn complaint against me without giving me the chance to state my side of story?
Kiele Linroth Pace's answer
Its not fair but it is, unfortunately, legal. Maybe your criminal defense attorney can point out that the Detective did a poor job of investigating the alleged offense.
Its not fair but it is, unfortunately, legal. Maybe your criminal defense attorney can point out that the Detective did a poor job of investigating the alleged offense.
Q: My husband is facing a 25 years to life sentence on a robbery charge. I need legal help.
Gary Kollin's answer
yOU NEED TO CONTACT LAWYERS DIRECTLY AND INDIVIDUALLY IN THE JURISDICTION WHERE THE CASE IS PENDING
yOU NEED TO CONTACT LAWYERS DIRECTLY AND INDIVIDUALLY IN THE JURISDICTION WHERE THE CASE IS PENDING
Q: What do I do if the company I work for is not sending correct child support payments for ordered amounts
1 Answer
| Asked
in
Child Support, Criminal Law, Employment Law and Federal Crimes
for
Texas
on
Answered on May 20, 2019
Answered on May 20, 2019
Cheryl Ann Wulf's answer
I would suggest you speak to someone in the Human Resources to find out why they are not withholding the correct amount. It may be that they need a corrected withholding order or possibly you are not earning enough money for them to withhold the full amount. The income withholding order should indicate the amount to be withheld depending on how often you are paid, weekly, bi-weekly, etc.
I would suggest you speak to someone in the Human Resources to find out why they are not withholding the correct amount. It may be that they need a corrected withholding order or possibly you are not earning enough money for them to withhold the full amount. The income withholding order should indicate the amount to be withheld depending on how often you are paid, weekly, bi-weekly, etc.
Q: Is there a specific time frame for a protective order to be processed, and granted?
Matthew Valley's answer
From the Texas Family Code:
Sec. 84.001. TIME SET FOR HEARING. (a) On the filing of an application for a protective order, the court shall set a date and time for the hearing unless a later date is requested by the applicant. Except as provided by Section 84.002, the court may not set a date later than the 14th day after the date the application is filed.
(b) The court may not delay a hearing on an application in order to consolidate it with a hearing on a subsequently...
From the Texas Family Code:
Sec. 84.001. TIME SET FOR HEARING. (a) On the filing of an application for a protective order, the court shall set a date and time for the hearing unless a later date is requested by the applicant. Except as provided by Section 84.002, the court may not set a date later than the 14th day after the date the application is filed.
(b) The court may not delay a hearing on an application in order to consolidate it with a hearing on a subsequently...
Q: Can you have criminal tresspassing put on you when you have been living there and 90%of your belongings are there?
Grant St Julian III's answer
What you describe is possible; it depends on the defendant's legal status as to right of access to the property in question. Talking with an attorney about the specific facts of the situation would help. Good luck,.
What you describe is possible; it depends on the defendant's legal status as to right of access to the property in question. Talking with an attorney about the specific facts of the situation would help. Good luck,.
Q: Can someone be charged with a criminal mischief and burglary of a building in the same case
Grant St Julian III's answer
Yes, a person can be charged with multiple criminal offenses arising out of the same incident.
Yes, a person can be charged with multiple criminal offenses arising out of the same incident.
Q: What does C/O NT INDICT MEAN
Kiele Linroth Pace's answer
Every court and agency has a slightly different set of abbreviations. Sometimes they are different between courts in the same county. The only way to be 100% certain of the meaning is to contact the organization who used the abbreviation and ask them what they meant.
Every court and agency has a slightly different set of abbreviations. Sometimes they are different between courts in the same county. The only way to be 100% certain of the meaning is to contact the organization who used the abbreviation and ask them what they meant.
Q: If a 17 year old girl wants to be with a 21 year old guy, is it legal in the state of Texas? If so what is the max age?
Grant St Julian III's answer
Texas Penal Code
Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD. (a) In this section:
(1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.
(2) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below...
Texas Penal Code
Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD. (a) In this section:
(1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.
(2) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below...
Q: My son is currently serving a prison sentence in Texas and his projected release date is August 2019. He was granted
Grant St Julian III's answer
Once released from prison on parole, you son will be transferred to the county where his probation violation is pending. When he is brought before the Court that granted his probation, the request for time served can be made then.
Once released from prison on parole, you son will be transferred to the county where his probation violation is pending. When he is brought before the Court that granted his probation, the request for time served can be made then.
Q: How can I get my failuer to maintain financial responsibility citation dismissed
2 Answers
| Asked
in
Criminal Law, Traffic Tickets, Collections and Probate
for
Texas
on
Answered on May 13, 2019
Answered on May 13, 2019
Grant St Julian III's answer
Yes, any citation or criminal charge CAN get dismissed. What will happen in your particular case depends on the particular facts of your situation. Call a local lawyer. Good luck.
Yes, any citation or criminal charge CAN get dismissed. What will happen in your particular case depends on the particular facts of your situation. Call a local lawyer. Good luck.
Q: When does statute of limitations no longer apply: arrest warrant, indictment, or conviction? What happens if it changes?
Bradley Banks' answer
Typically statute of limitations is tolled or paused at the time charges are filed.
Typically statute of limitations is tolled or paused at the time charges are filed.
Q: id="i.desc.309958765" 5/28/17
1 Answer
| Asked
in
Consumer Law, Copyright, Criminal Law and Banking
for
Texas
on
Answered on May 10, 2019
Answered on May 10, 2019
Q: can I get a non disclosure agreement?
Herman Martinez's answer
If your case was dismissed you qualify for something better than a non a disclosure. It is called an expungement. It is better because the Government will ordered to remove and destroy all your records pertaining to that arrest. A non disclosure allows the Government to keep your records, but keeps it from the public.
If your case was dismissed you qualify for something better than a non a disclosure. It is called an expungement. It is better because the Government will ordered to remove and destroy all your records pertaining to that arrest. A non disclosure allows the Government to keep your records, but keeps it from the public.
Q: How much time will I be making in jail for forgery financial instrument? My bond is 30,000 but I have no money to pay.
Gary D. Peak's answer
It depends on whether you are guilty or innocent. Whether you want to take a plea or go to trial. And whether you have a good attorney. It also depends on what kind of criminal history you have, if any. If you can't afford an attorney then you can request a court appointed. But, if I were you I would be trying to hire one to help get the bond lowered, or make a quick deal to keep you from having to sit or pay a bond, if you are guilty.
It depends on whether you are guilty or innocent. Whether you want to take a plea or go to trial. And whether you have a good attorney. It also depends on what kind of criminal history you have, if any. If you can't afford an attorney then you can request a court appointed. But, if I were you I would be trying to hire one to help get the bond lowered, or make a quick deal to keep you from having to sit or pay a bond, if you are guilty.
Q: I have a administrative hearing at my probation office, for being behind on payments? I am only a month behind.
Gary D. Peak's answer
It is strange they would call you in for a special meeting only one month behind, but oh well. Are you sure you haven't failed a drug test? That would be more common.
The good news is, it isn't before the Judge. So, I would expect them to point out the problem and give you a come to Jesus meeting over whatever it us.
It is strange they would call you in for a special meeting only one month behind, but oh well. Are you sure you haven't failed a drug test? That would be more common.
The good news is, it isn't before the Judge. So, I would expect them to point out the problem and give you a come to Jesus meeting over whatever it us.
Q: Can I fight a school district zero tolerance policy if I feel the punishment will negatively affect my child's education
Gary D. Peak's answer
Zero tolerance is ALWAYS a bad, small minded, lazy policy. There are attorneys who specialize in education/school law. Google for such attorney and contact them directly.
Zero tolerance is ALWAYS a bad, small minded, lazy policy. There are attorneys who specialize in education/school law. Google for such attorney and contact them directly.
Q: I am in the army, I had sex with a 15 year old while under the impression she was 16
Kiele Linroth Pace's answer
You could be charged and convicted in civilian court. This question is marked "Texas" and, in Texas, an adult who has consensual sex with a sixteen-year-old has committed the felony offense of Sexual Assault. It is a strict liability crime, which means it doesn't matter if you knew here age, or if she lied about her age. There is no "good faith" exception for belief that she was of legal age. However, even if she was actually 16 it is still a crime because the age of consent in Texas is...
You could be charged and convicted in civilian court. This question is marked "Texas" and, in Texas, an adult who has consensual sex with a sixteen-year-old has committed the felony offense of Sexual Assault. It is a strict liability crime, which means it doesn't matter if you knew here age, or if she lied about her age. There is no "good faith" exception for belief that she was of legal age. However, even if she was actually 16 it is still a crime because the age of consent in Texas is...
Q: Was offered 5 years prob & pay $3000 restitution for crime I didnt commit. Can I hire another attorney to fight this?
Gary D. Peak's answer
You can always hire another attorney to fight for you if you can afford to.
The question is, did you already plea? If so, it is very difficult to set aside the plea.
If you have not accepted the plea, you simply have to find an attorney you feel confident can do a better job. Problem is, until an attorney sees the discovery and what evidence the prosecution as supporting their claim, and the admission you have from other person that she did it, they can't what they think...
You can always hire another attorney to fight for you if you can afford to.
The question is, did you already plea? If so, it is very difficult to set aside the plea.
If you have not accepted the plea, you simply have to find an attorney you feel confident can do a better job. Problem is, until an attorney sees the discovery and what evidence the prosecution as supporting their claim, and the admission you have from other person that she did it, they can't what they think...
Q: what kind of lawyer do i need to talk to when i NO THAT THE POLICE ARE LYING ABOUT WHAT HAPPEN IN A DEADLY SHOOTING?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Criminal Law and Federal Crimes
for
Texas
on
Answered on May 6, 2019
Answered on May 6, 2019
Gary D. Peak's answer
First, what evidence do you have showing it didn't happen the way they claim? Witnesses? Video? As you see online all the time, there are video's showing law enforcement using deadly force when not necessary, or using excessive force against citizens. But, before an attorney is willing to spend their money to help pursue such case, there needs to be some substantial original evidence causing them to believe it is a good case to pursue.
First, what evidence do you have showing it didn't happen the way they claim? Witnesses? Video? As you see online all the time, there are video's showing law enforcement using deadly force when not necessary, or using excessive force against citizens. But, before an attorney is willing to spend their money to help pursue such case, there needs to be some substantial original evidence causing them to believe it is a good case to pursue.
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