Texas Criminal Law Questions & Answers
Q: Is it the end of world to be convicted of Misdemeanor C in TX? Will this municipal record affect my job application?
Maybe. What's the offense? Is it a crime of moral turpitude? What type of job application are you referring to? Calling a lawyer and discussing the issues may help. Good luck.
Q: How much does it cost to "fight" a Misdemeanor C case in Plano Municipal Court, TX? What is the best way
What is the best way to locate a capable attorney to handle this very scary first-time charge? What are the questions to ask to ensure legal competency? Is there truly a Free Consultation for my first visit?
Some attorneys offer a "Free Consultation" but that does not mean "free legal advice." There are thousands of different types of legal problems. Some attorneys will take any case that walks in the door, but most attorneys focus on only a small sub-set of those problems.
The purpose of a... Read more »
Q: Can I dismiss the charge from the Municipal Court because I never receive a notice of Complaint?
Is it called Motion to Quash in the criminal case?
I received both summon for pre-trial and the sworn complaint from the Municipal Court recently. Based on the statue below, can I argue that I was never provided the Notice of Complaint prior to the State moved to issue Pre Trial Hearing?... Read more »
If you received a copy of the complaint prior to the pretrial hearing date, then the State has complied with the applicable statute.
Q: Do I need the Court's approval to request the police to produce the citation I never received?
Is the citation or sworn statement from the Police part of the consideration for the judge to rule "the probable cause" against me?
Why did the judge find probable cause? Was there a warrant? If so, the supporting affidavit should be in the clerk's file... which is a public record, so nobody needs to give you permission. However, unless you live really near the courthouse, it is probably better to just ask your attorney's... Read more »
Q: Am I allowed to contact the Prosecution Office before Trial without legal Representation? I could not afford legal fee
Will I get into trouble to contact the Prosecution without the presence of legal representation? What can I do to persuade the Prosecution to dismiss the charge?
There is an old saying: "A man who is his own lawyer has a fool for a client."
*** YOU ARE BETTER OFF HIRING A TRAFFIC TICKET ATTORNEY THAN TRYING TO DO IT YOURSELF ***
You can afford it. You just don't WANT to afford it. Do you have a car? You could sell it. Or drive for Uber,... Read more »
Q: What does it mean "the date of any proceeding in the prosecution of the defendant under the complaint."?
I am very confused when I received the Summon with this sworn complaint last week. I am trying to understand the meaning "the date of any proceeding in the prosecution of the defendant under the complaint."
Does it mean the alleged offender is entitled to receive the complaint before the... Read more »
There is probably already a complaint in the court's file Ask your attorney for a copy of it. Alternatively, you could go to the clerk's office and get a copy for yourself... the entire clerk's file is a public record. Some jurisdictions make the documents available online and some will email... Read more »
Q: Is is a crime not to return the Police Detective's phone call?
I learned from the answers from Criminal Lawyers on this site not to speak to Law Enforcement without the presence of legal representation. Is it OK for me to exercise my 5th Amendment to not return the calls to a police investigation? Will I be charged not to speak to the Police?
You never have to talk with the police if you don't want to. Criminal charges may still be filed against you, regardless if you provide a statement or not. There is no separate offense for failing to provide a statement.
Q: What is the difference between Citation# , Cause # & Docket#? I received a summon from Municipal Court for a Pre-Trial?
What number should I reference if I want to call the Municipal Court to verify if this is a real and legitimate summon / court document?
Make sure the phone number on the court's website matches the number on the summons document. Call the court, ask to speak to a clerk. The clerk will tell you which pieces of information they need to verify the case.
Q: No Prior Criminal record. What is the Prosecution's burden of Proof of allegedly "intentionally" or "knowingly"?
I maintain innocent for the allegedly charge of Theft of Services. I do not have any prior criminal history.
How does the Prosecution prove if I, "intentionally' or "knowingly" committed the allegedly charge of Theft of Services for a Consultation I did not feel I actually received?... Read more »
The applicable definitions for intentionally and knowingly are in chapter 6 of the penal code. See: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.6.htm#6.03
There are multiple ways to commit the offense of Theft of Service so the first thing you need to know is which manner and means... Read more »
Q: What are my options if I could not afford $3000 legal fee to handle a criminal charge for less than US$100?
Does the guarantee from this criminal attorney who informs me of $3000 legal fee a standard criminal law practice?
"I can guarantee that you will get the case dismissed after you perform deferred adjudication probation. It is very rare that the case gets dismissed outright without some... Read more »
That 'guarantee' by whatever lawyer you are talking to is very misleading. In every case in Texas where a person receives 'deferred adjudication probation' and successfully completes it, their case is 'dismissed'. So guaranteeing something for $3,000 that is going to happen anyway isn't much of... Read more »
Q: How could first-time Misdemeanor C Offenders Seal Their Records under TX ‘Second Chances’ Bill?
Depending on the offense, it may be possible for first time misdemeanor offenders to obtain an order of nondisclosure that will provided a limited seal of the records. Details are in the Texas Government Code here: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.0735
HOWEVER,... Read more »
Q: What is the difference between "Service Dispute" and "Theft of Service"? Is there a statute of limitation for both?
Theft of service is a criminal offense; a service dispute is not. The statute of limitations applies to theft of service.
Q: If I pay the fine for a Misdemeanor C, will I still have this record appearing on background check for employment?
Paying the fine will cause a final conviction to be entered on your record, which can never be removed. Contact the court about options to avoid a conviction. Or call an attorney in the area where the matter is pending. Good luck.
Q: TX Second Chance : Can the First time offender of Misdemeanor C qualify for TX First time offender programs?
I need know what you mean be "first time offender programs". Most such programs are instituted at the discretion of a particular court, so each jurisdiction has its own qualifications. Call an attorney in your area. Good luck.
Q: my boyfriend got arrested and took to jail from school when he was 15
Hhh
As long as you are writing about school, perhaps if you wrote in sentences beginning with a capital letter and ending with a punctuation mark, your inquiry could be understood,
A single run-on sentence is unintelligible
Q: Possession of drug paraphernalia. I’m 16 but will be 17 when I go to court. Will I be counted as a minor or adult? In TX
I got pulled over and had a grinder in my car. Got the citation for drug paraphernalia and scheduled my court day. Right now I am 16 but I will be 17 when I go to court. Will I be counted as a minor or adult ? Does it matter? Can I get this charge off my record?
They'll go by your age at the time of the offense for a misdemeanor. If it had been a felony there is a chance it would transferred into adult court.
If the case is dismissed you will be eligible for to file for an expunction that will actually destroy the records. If you are... Read more »
Q: What do I need to do?
I keep calling the number on the back of my citation/ticket and they keep telling me my information is not in the system..
That happens sometimes. Consider putting a recurring event on your calendar that reminds you to call them every Wednesday at 10am. If you are bad at using your calendar perhaps set an alarm on your smart phone for that purpose.
Q: My 18 year old son got his 16 year old girlfriend pregnant. They have been living with me for the past 6 weeks.
Can he be charge with a sex crime?
He has an affirmative defense against SEXUAL ASSAULT OF A CHILD because he is less than 3 years older. However, there is a felony named INDECENCY WITH A CHILD and another one named SEXUAL PERFORMANCE OF A CHILD that allow only a maximum of 2 years... so for those two the affirmative defense... Read more »
Q: Will the Municipal Court Judge assign a public defender for a Class C Misdemeanor Jury Trial?
If I maintain innocent in my pre-trial for a Class C Misdemeanor case, will I be assigned a public offender for a jury trial?
Is 6th Amendment still applicable in a municipal court jury trial?
Appointing an attorney is up to the judge's discretion for "fine only" cases like a class C cases where the maximum penalty is a fine and no jail time.
Q: Is it OK that Plano Police filed sworn complaint against me without giving me the chance to state my side of story?
I received a summon for pre-trial along with sworn statement from Plano Police Detective alleging me committing a Class C Misdemeanor less than $100 theft of Service alleged occurred in August last year. I never received any citation nor was given the chance to state my side of story. Does this... Read more »
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.
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