Texas Criminal Law Questions & Answers
Q: Im a student following a case. A man accused of 1st degree felony for sexual abuse to a child
Jeffrey Joseph's answer
Normally, it is because a deal was struck between the prosecutor and defense that was reasonable to both parties. A lot of time, the trial process is posturing. A game of chicken if you will between the prosecution and the defense. Both are on different sides of the spectrum and are wanting different deals out of the plea process. When they can't work it out, the case has to still matriculate through the justice system. The longer they can't come to a deal the closer a trial date becomes....
Normally, it is because a deal was struck between the prosecutor and defense that was reasonable to both parties. A lot of time, the trial process is posturing. A game of chicken if you will between the prosecution and the defense. Both are on different sides of the spectrum and are wanting different deals out of the plea process. When they can't work it out, the case has to still matriculate through the justice system. The longer they can't come to a deal the closer a trial date becomes....
Q: I just found out that my 17 yr old daughter is dating a 16 yr old boy. Will she be charged with sexual assult of a minor
Jeffrey Joseph's answer
Texas statutory rape laws apply when a person over the age of 17 has a sexual relationship with someone 16 year of age or younger. There is a defense to prosecution however if the age difference between the two is 3 years or less. Of course, that does not mean that person cannot be charged with the crime and then the burden shifts to the charged individual to use the defense. So you want to be careful with these types of situations. Make sure you consult with your daughter about the...
Texas statutory rape laws apply when a person over the age of 17 has a sexual relationship with someone 16 year of age or younger. There is a defense to prosecution however if the age difference between the two is 3 years or less. Of course, that does not mean that person cannot be charged with the crime and then the burden shifts to the charged individual to use the defense. So you want to be careful with these types of situations. Make sure you consult with your daughter about the...
Q: I signed to remove charges, im still being called into court. Can i just not go ? Im the victim in the case
Jeffrey Joseph's answer
That question has a legal and an ethical component to it. Ethically, the State of Texas is asking you to show up to a hearing. So do you wish to show up or not based on your personal situation. That is a question you will have obviously answered above with a "no." Legally, you are only required to show up if you have been issued a subpoena. This is a formal service of process that commands you to show up to court and can be enforced by contempt. If you have not been cited with a subpoena,...
That question has a legal and an ethical component to it. Ethically, the State of Texas is asking you to show up to a hearing. So do you wish to show up or not based on your personal situation. That is a question you will have obviously answered above with a "no." Legally, you are only required to show up if you have been issued a subpoena. This is a formal service of process that commands you to show up to court and can be enforced by contempt. If you have not been cited with a subpoena,...
Q: Boyfriend got a dwi 8 days before getting off parole. Will he go back to prison?
William Head's answer
Not for parole violation, unless the people in change catch the new violation. Likely not, in just 8 days, until his parole is terminated.
May go to jail for DWI. Get a great DWI lawyer in Texas.
Not for parole violation, unless the people in change catch the new violation. Likely not, in just 8 days, until his parole is terminated.
May go to jail for DWI. Get a great DWI lawyer in Texas.
Q: brother in law has been hiding his deceased wife's 2014 Lexus in my driveway for 2 years. How to get it police-towed?
Marcel Wurms' answer
Sounds more like a criminal law question, as you've been knowingly abetting him hiding stolen goods. Go see a lawyer.
Sounds more like a criminal law question, as you've been knowingly abetting him hiding stolen goods. Go see a lawyer.
Q: my brother was killed because of police negligence, what can we do now?
1 Answer
| Asked
in
Criminal Law, Civil Rights and Wrongful Death
for
Texas
on
Answered on Aug 6, 2017
Answered on Aug 6, 2017
Peter Munsing's answer
I don't see it under those circumstances. They aren't responsible for who your brother would tell them he should be dropped off at. But contact a member of the Texas Trial Lawyers Assn--they give free consults.
I don't see it under those circumstances. They aren't responsible for who your brother would tell them he should be dropped off at. But contact a member of the Texas Trial Lawyers Assn--they give free consults.
Q: my husband was detained yesterday and sent to detention center in Houston, Texas. need help finding lawyer. what do I do
Matthew J Hartnett's answer
I would start emailing lawyers that have offices close to the Houston detention center. Many lawyers check their email on the weekend. You still have time to line up a lawyer for him for Monday.
I would start emailing lawyers that have offices close to the Houston detention center. Many lawyers check their email on the weekend. You still have time to line up a lawyer for him for Monday.
Q: My brother got arrested for possession of drugs in his car, but it is still under my name. Would I need a lawyer?
Herman Martinez's answer
You should hire a lawyer asap. Additionally, I would like to know who is requesting your appearance in court. Have you been sent a subpoena? Has a prosecutor or defense attorney requested that you go to court? Is your brother saying the drugs are yours?
You should hire a lawyer asap. Additionally, I would like to know who is requesting your appearance in court. Have you been sent a subpoena? Has a prosecutor or defense attorney requested that you go to court? Is your brother saying the drugs are yours?
Q: What can I do when a clerk forgets to close a case that was supposed to be dismissed as part of a plea deal?
Benson Varghese's answer
The attorney who handled the plea for you should be able to speak to the clerk and get that resolved relatively easily, if that was the agreement that was made.
The attorney who handled the plea for you should be able to speak to the clerk and get that resolved relatively easily, if that was the agreement that was made.
Q: Greetings. My name is Robin and I live in Ne. and have been scammed by someone in Tx. Do need tx or Ne atty.?
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Federal Crimes
for
Texas
on
Answered on Jul 20, 2017
Answered on Jul 20, 2017
Roy Lee Warren's answer
Oh say it ain't so, a good ol boy from Texas would never dar do such a thing! I am very sorry about you being scammed. I believe you should have a Texas lawyer because jurisdiction will probably be here, meaning legal action would be required in Texas. Good luck to you.
Oh say it ain't so, a good ol boy from Texas would never dar do such a thing! I am very sorry about you being scammed. I believe you should have a Texas lawyer because jurisdiction will probably be here, meaning legal action would be required in Texas. Good luck to you.
Q: Can a parent sign consent for her you 14 yr old dating a 17 yr old?
Benson Varghese's answer
No. A parent cannot give consent for the 14-year-old, nor can the 14-year-old give consent to sexual contact.
For indecency with a child, there is an affirmative defense if the actor is no more than three years older than the victim. A similar provision exists for sexual assault. However, remember an affirmative defense means you can raise the defense in court. It won't prevent an arrest or a case being filed. Hiring an attorney and bonding out after an arrest are both expensive...
No. A parent cannot give consent for the 14-year-old, nor can the 14-year-old give consent to sexual contact.
For indecency with a child, there is an affirmative defense if the actor is no more than three years older than the victim. A similar provision exists for sexual assault. However, remember an affirmative defense means you can raise the defense in court. It won't prevent an arrest or a case being filed. Hiring an attorney and bonding out after an arrest are both expensive...
Q: Can I get rid of my Theft Under $100 offense from my record?
Roy Lee Warren's answer
From your facts, it is not clear if he was actually charged by the state or if he was detained by store security and told he must pay a fine. Many retailers have been trying to obtain money in such instances so they do not turn it into the police to prosecute. SO I would say 1st make sure he was charged by the state. Next make sure he does not go back into the store for the period of time required, generally 1 year, because if he does he could be charged with criminal trespass. If he was never...
From your facts, it is not clear if he was actually charged by the state or if he was detained by store security and told he must pay a fine. Many retailers have been trying to obtain money in such instances so they do not turn it into the police to prosecute. SO I would say 1st make sure he was charged by the state. Next make sure he does not go back into the store for the period of time required, generally 1 year, because if he does he could be charged with criminal trespass. If he was never...
Q: My son is in jail on a $50,000.00 bond. How do I go about getting him a bond reduction.
Anna Summersett's answer
Generally, a magistrate sets the initial bond. This may or may not be writhing the bond schedule proposed by local District Judges. Once the case is filed, your attorney can present a Motion to Reduce the bond down to the bond schedule or in line with what the defendant can afford. The bond should be high enough to produce a financial incentive for the defendant to appear in court but not so unreasonable that the defendant could not afford it under any circumstances. The Judge will consider...
Generally, a magistrate sets the initial bond. This may or may not be writhing the bond schedule proposed by local District Judges. Once the case is filed, your attorney can present a Motion to Reduce the bond down to the bond schedule or in line with what the defendant can afford. The bond should be high enough to produce a financial incentive for the defendant to appear in court but not so unreasonable that the defendant could not afford it under any circumstances. The Judge will consider...
Q: Is it illegal to hack into someone's Twitter account without the owner knowing ? And if so what are the penalties
Roy Lee Warren's answer
Yes it is illegal, see the Texas Penal Code Chapter 7, Section 33. The penalties for computer crimes are of a wide variety depending on the nature and seriousness of the crime committed. For the breach of computer security (i.e. gaining access to a computer without the consent of the owner), the penalty may range all the way from a "Class B" misdemeanor (up to 180 days in a county jail and/or a fine of up to $2,000) up to a first degree felony (five to 99 years in a state prison and/or a fine...
Yes it is illegal, see the Texas Penal Code Chapter 7, Section 33. The penalties for computer crimes are of a wide variety depending on the nature and seriousness of the crime committed. For the breach of computer security (i.e. gaining access to a computer without the consent of the owner), the penalty may range all the way from a "Class B" misdemeanor (up to 180 days in a county jail and/or a fine of up to $2,000) up to a first degree felony (five to 99 years in a state prison and/or a fine...
Q: Can my friend instruct her attorney to provide me details of her case. She is charged with child endangerment
Roy Lee Warren's answer
Yes but it would not be very smart. There is no reason you need to know the details and the da could subpoena you to the witness stand to have you disclose your knowledge under threat of perjury. You are not the client so there is no attorney client privilege.
Yes but it would not be very smart. There is no reason you need to know the details and the da could subpoena you to the witness stand to have you disclose your knowledge under threat of perjury. You are not the client so there is no attorney client privilege.
Q: If I decide to hire an attorney and get rid of my court appointed one, will I have to wait for another court date.
Deborah Ann Bankhead's answer
You can hire an attorney at any time. The Court can choose to keep the court date the same, or your attorney can request a new one so he or she has time to review all the evidence prior to court. The most important thing is to work with an attorney you trust has the experience and knowledge to best defend your case and then listen to their advice on how to proceed.
You can hire an attorney at any time. The Court can choose to keep the court date the same, or your attorney can request a new one so he or she has time to review all the evidence prior to court. The most important thing is to work with an attorney you trust has the experience and knowledge to best defend your case and then listen to their advice on how to proceed.
Q: How can I find out where someone has court with an up coming court date?
Rachel M. Taft's answer
You can call the county or district clerk, misdemeanor or felony respectively, of the county where the offense is charged and ask what his court day is. You may also call his bondsman to check-in on these dates. Hope this helps!
You can call the county or district clerk, misdemeanor or felony respectively, of the county where the offense is charged and ask what his court day is. You may also call his bondsman to check-in on these dates. Hope this helps!
Q: Would a 19 year old be charged with rape if he had sex with a 14 year old? And would the sentence be.
Rachel M. Taft's answer
Minors under the age of 17 cannot legally consent to sexual contact. There is an exception for persons over 14 years of age who are within three years of age. Generally speaking, 19-year-olds cannot legally have even consensual contact with 14-year-olds. It is considered Sexual Assault of a Child U/17 and carries a range of punishment of 2 to 20 years in prison and up to a $10,000 fine. To learn more about this offense read here https://www.versustexas.com/sexual-assault-child-17-texas/
Minors under the age of 17 cannot legally consent to sexual contact. There is an exception for persons over 14 years of age who are within three years of age. Generally speaking, 19-year-olds cannot legally have even consensual contact with 14-year-olds. It is considered Sexual Assault of a Child U/17 and carries a range of punishment of 2 to 20 years in prison and up to a $10,000 fine. To learn more about this offense read here https://www.versustexas.com/sexual-assault-child-17-texas/
Q: If a 16 year old and a 17 year old are having a baby can one of them face criminal charges
Rachel M. Taft's answer
The offense of Sexual Assault of a Child Under 17 years of age does have limitations. If the two parties involved are within with years of age difference, and the sexual contact is consensual, then the act is not criminal. If there are any concerns about consent; whether it physical or verbal threat, intoxication by alcohol or any other substance, or position of power, then an investigation may be warranted. To learn more about this offense visit here:...
The offense of Sexual Assault of a Child Under 17 years of age does have limitations. If the two parties involved are within with years of age difference, and the sexual contact is consensual, then the act is not criminal. If there are any concerns about consent; whether it physical or verbal threat, intoxication by alcohol or any other substance, or position of power, then an investigation may be warranted. To learn more about this offense visit here:...
Q: Can you be jailed if found overdosing on drugs such as heroin or cocaine in Texas?
Alex Thornton's answer
Unfortunately yes. Any possession of drug paraphernalia or controlled substances can result in an arrest. Even if a crime scene is free of both, you could be arrested for a mental heath warrant as a danger to yourself or others. If you struggle with addiction, please seek help at a local facility for your health and wellness and to avoid any future legal issues.
Unfortunately yes. Any possession of drug paraphernalia or controlled substances can result in an arrest. Even if a crime scene is free of both, you could be arrested for a mental heath warrant as a danger to yourself or others. If you struggle with addiction, please seek help at a local facility for your health and wellness and to avoid any future legal issues.
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