Get free answers to your Criminal Law legal questions from lawyers in your area.
his wife made the accusation. Now he wants to file for divorce but he doesn’t want to do it with anything on his record
answered on Nov 13, 2024
A protective order is a civil order, not a criminal one, and it isn't impacted by the underlying criminal charges being dropped. A protective order can be filed without any criminal charges being filed, or in conjunction, but they are completely separate. Both the husband and wife should... View More 
I don’t feel like I am a victim I started the fight and ended up taking a shot at him b4 he left after hearing that our boss was on way and had called the cops. The paperwork the DA office mailed me said I had to take a free class if I wanted opportunity to not have my husband charged. So I... View More
answered on Nov 13, 2024
You shouldn't feel pressured to call the DA, and you don't have the ultimate power to drop the charges anyway-- the DA does, and there's no guarantee that they will. It may be helpful to take the free class they're offering, but fundamentally it's your choice whether you... View More
I loaned a ex's adult son a firearm for hunting. We are no longer together. He refuses to return the firearm or even talk about it. His mother refuses to ask him about it. I would like to press criminal theft charges on him and her as a accomplice. What steps do I take to file criminal charges.
answered on Nov 8, 2024
Write a letter to the son specifically stating that you previously loaned him your [make model, caliber, and serial number] rifle; it was not a gift but a temporary loan for the purpose of hunting; now you want it back; and if he fails to return it by [date] or give you an explanation of what... View More
He was arrested in September, 2024 for a parole violation. What does that mean? State of Texas. The charge was possession of hash
answered on Nov 4, 2024
A person cannot violate the terms of a parole that he or she was not on. You should get a copy of those documents right away and send them to the attorney handling his case. If you do not have an attorney handling his case, my suggesting would be to find him an attorney and get this straightened... View More
Yes they can refile the charges within the SOL, but they cannot proceed if the 180 days has been exceeded correct? Especially if it has been over 365 days.
answered on Nov 4, 2024
No. From the date of arrest the State has 90 days to indict, and if the State fails to indict within 90 days the defendant, if in jail, is entitled to a bond he or she can make. ie: $10. If the State fails to indict the case within 180 days and the defendant has been in jail that entire time,... View More
I filed assault on my boyfriend. Then they enhanced it to aggri ated with deadly weapon. The next day I filed a affidavite of non prosecution with the DA. The state picked it up and a year later received letter that grand jury indicted him. He is now scheduled for pretrial. What should he expect?.
answered on Nov 4, 2024
He may be asked to enter a plea, or answer information pertaining to whether he's interested in making a plea deal. If he has a lawyer, his lawyer should handle all of that and guide him through it. If he doesn't, he sorely needs a lawyer. Aggravated Assault with a Deadly Weapon (in a... View More
I'm writing out of desperation. I've been stalked for years and have gone to authorities many times.
I'm experiencing Remote Neural Monitoring and what is referred to as V2K or Voice to Skull. In short, a government agency is reading my thoughts and torturing me twenty-four... View More
answered on Oct 24, 2024
You should contact the Principal Deputy Director of the TSC at the FBI for information about being removed from the US terrorist watch list.
As for remote neural monitoring and V2K, there is no government agency responsible. Experts pretty much agree that such technology does not yet... View More
I was fasley charged in Lubbock tx. The charge was dropped months later. During a hearing to proceed pro se in my case, a sitting district attorney stated that my case did not fit the criteria of the charge i was charged with
answered on Oct 18, 2024
Not typically. But if you can prove that the district attorney who filed the charges personally knew you prior to filing the charges and was acting out of personal animus against you, you may have a potential claim. For example, if you are dating the DA's ex-wife and he made up the charge... View More
The school police officer reviewed the video and stated that it was consensual. Both children received the same punishment of 45 days at the LEO school. The girls mother filed a charge for rape.
answered on Oct 18, 2024
It depends. The age of consent in Texas is 16. Sexual intercourse (and certain other sex acts) involving someone under the age of 16 is by definition non-consensual even if that person enthusiastically participates or initiated it. This is called statutory rape.
If there is an age gap no... View More
I am being accused of being charged with a misdemeanor assault on family, my husbands 15 yr old daughter has been manipulated by her mother to hating me after 7 yrs of being with her father now that she is older according to her mother she has a mind of her own and attacked me at a restaurant in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024
Wow! That is a terrible situation.
The most important thing you can do is to NOT talk to anyone about your case anymore. Save it for your lawyer.
I would like to see the video to give you a solid answer about your case. If there are others who took video of the event and your... View More
The attorney he has stays negative and is refusing to argue certain facts in his case she was going to file a motion to suppress but now says she will not cause her argument contradicts the law and has threaten if he goes to trial they will maximize his sentencing is that legal
answered on Oct 10, 2024
No, you cannot request another attorney for your boyfriend. Only your boyfriend can do that. In most cases, if the attorney is court-appointed, the court will deny such a request based on the description set forth in your question. However, he may gain some traction with the argument that his... View More
answered on Oct 7, 2024
Deferred adjudication, pro forma, generally means that the court just wants you to keep out of trouble and then they won't move forward with a conviction in your case. That said, you ought to contact the court and figure out the specific parameters you need to abide by-- how long is the period... View More
answered on Oct 7, 2024
This means that the judge in your case determined that there was no family/"domestic" violence as an element of your case. That's a very important and beneficial thing, because finding of family violence present obstacles to getting charges expunged/non-disclosed, they create issues... View More
My current living arrangements for my probation in Arizona have become life threatening. I need to transfer my probabtion to Texas but I have some probation violations and I worry that may lead to a denial of transfer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2024
The first problem you will have, is what you already pointed out. It is unwise to ask for, or demand a change in your Probation, when you have failed to fully comply with your terms of probation.
Nevertheless, if you can show PROOF, that your life or health is under a clear and present... View More
And due to financial situation she wasn't able to pay the one payment and now a few days later they have sent a text message saying they're going to arrest her for stealing the car. Is that a scam or can they really arrest her for missing one payment.
answered on Oct 2, 2024
No they cannot arrest her for failing to make a car payment on a car she bought. They can, however, repossess the car if they properly recorded a lien against the car.
They could only arrest her if she stole a car registered in their name. When you buy a car, you (or the dealer) must... View More
answered on Oct 2, 2024
He can appeal his conviction. If the deadline to appeal has passed, he can file a writ of habeas corpus. He may have to prove "actual innocence." That means he would have to prove that he was not a party to the underlying criminal activity that ultimate resulted in the murder.
i am the complaining witness, and pressed charges against someone while severely intoxicated. i do not remember the events as they correctly happened though i told the police officer who originally took my statement i believed i was put in a chokehold. but i want to take it back and they told me if... View More
answered on Sep 30, 2024
Theoretically, you can submit an affidavit of non-prosecution to the district attorney prosecuting your case. In cases involving domestic violence, that does not always work because the victim and perpetrator typically know one another and may be in a relationship. That raises a concern that the... View More
won't return it. can I report it stolen? I am their son. the car is in Mom''s name.
answered on Sep 26, 2024
No, you can't report it stolen because you are not an owner of the car. Your mom will have to report it stolen.
Alternatively, if you believe your mom is no longer mentally competent as a result of her stroke, you can apply to court to be appointed as the guardian of her person and... View More
Exclusion of Expert Testimony: Whether the trial court committed reversible error by excluding the testimony of one of Ramirez’s expert witnesses, Dr. David Beaver, an Austin-based linguist, due to his limited “experience with South Texas culture.”
Limitation on Cross-Examination:... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2024
You need to get a good Appeal Lawyer.
First: you need to file a Notice of Appeal Immediately! You have 30 days from your sentence to file the Notice of Appeal.
If you are past that time limit, you must still file the Notice of Appeal with the District Court Clerk immediately. After... View More
My brother is currently serving at an TDCJ ISF for 90 days for parole violation . We just found out that DA may be considering pressing charges against him on a case in which the other party lied to police about domestic violence, has since completed an affidavit attesting that their original... View More
answered on Sep 20, 2024
The only way to meaningfully address the issue is to hire a criminal defense attorney. Sometimes, if you catch a case before criminal charges are formally filed, a defense lawyer can convince the DA not to file the case at all. There isn't a lot of time to waste, though. You'll need to... View 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.
