There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets... View More

The income tax code is not tied into voting. Think of childhood stars who had very large income (Michael Jackson, Stevie Wonder, Shirley Temple, etc.) They all paid tax on their income even if they could not vote.

If the case is dismissed withOUT prejudice then the case could be refiled after the problem that caused the dismissal is resolved. There are not many situations in criminal law that would allow a judge to grant a motion to dismiss WITH prejudice.

It is important to be clear on whether a credibility issue goes to the admissibility of evidence or merely the weight of that evidence.

If you want to have any chance of getting a serious review of your allegations, you should submit them to the local (or the nearest to you F.B.I. office. The best way to do this correctly is to hire a lawyer who can ask you the right questions and get any evidence you've collected so he/she... View More

Anything can be used during plea bargaining, and I do mean anything. It's absolutely normal to bring up a defendant's past criminal record, even when it might not be admissible. I once saw a lawyer use the weather in plea bargaining- and it worked.

I am sorry for your troubles but I thank you for your question.

I'm not sure about the claim the magistrate did not have jurisdiction to give him "time served", or why you would be told that AFTER he already served the time. It is my opinion this is a claim that should be... View More

Hire an attorney who focuses on parole work AND a criminal defense attorney for the trespassing case. Parole work is very different because it follows different rules so having one attorney who does both is not ideal. As they say, the jack of all trades is the master of none.

Extradition is about out-of-state warrants and is covered by chapter 51 of the Texas Code of Criminal Procedure.

This question is about out-of-county warrants and that is covered in chapter 15 of the same code. When a person is arrested on a warrant they must be taken to a magistrate with... View More

A Texas attorney could answer best, but your post remains open for a week. It sounds like you are referring to some of the constitutional law arguments that have been made about how mandatory mask policies violate the First Amendment under free speech. Other arguments have been made as to the right... View More

In Texas, if your friend received Deferred Adjudication for a Class C misdemeanor and successfully completed it, he is likely eligible for an expunction. He would have to file a Petition for Expunction in District Court to make it happen. If he received Deferred Adjudication for a Class B... View More

A Texas attorney could answer best, but your question remains open for two weeks. It's difficult to address such a situation with a quick response. Aside from applicable Texas rules for attorneys, it could hinge on what you used the attorney for in the past, what she or he knows about you, any... View More

It is typically better to be OUT of jail than in jail so making it easier to get out is generally positive. A person is less likely to accept a bad plea deal when they are out of jail.

However, if they are trying to push people out faster because the jail is full of COVID well that's... View More

In normal times that would be unusual, but the COVID shutdown means we are not in normal times. Your friend should have a private discussion with her criminal defense attorney about this issue.

There are a bunch of rules regarding the admissibility of evidence. You should NOT post any more details about your case online but you SHOULD read about the "exclusionary rule" and the doctrine of "the fruit of the poisonous tree." Be sure to also read about the exceptions,... View More

Expungement depends on the final disposition of the case, not the degree of offense. If the case was dismissed, you may be able to an expungement or disposition. The only way to remove a final conviction from a person's criminal record, however, is through pardon from the Governor.

Miranda warnings should be given by law enforcement to any suspect before any custodial interrogation, whether an arrest is made or not.

Pursuant to article 39.14 of the Texas Code of Criminal Procedure, copies must be provided to the defense attorney "as soon as practicable after receiving a timely request." Appeals courts have ruled that the clock doesn't really start until the formal charging document is filed by... View More

A Texas attorney could advise best, as state law issues could apply. But your post remains open for three weeks. It seems like it would be difficult to successfully bring such a case because of the compelling need to protect public health. But you could check with another attorney for their opinion... View More

In most circumstances, the only way the judge will have a problem with this scenario is if the defendant hires a new attorney on the eve of trial and then the new attorney asks that the trial be delayed so she can have more time to prepare and even in that case the judge might still be relieved to... View More