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answered on Nov 21, 2023
In Texas, first-degree arson is a serious crime that can be punished by life in prison or a term of 5 to 99 years in prison. The specific sentence that your family member will receive will depend on the facts of their case, including the severity of the damage caused by the fire and whether anyone... View More 
I thought I was suppose to be indicted within 180 days after I was out on bond
answered on Nov 20, 2023
The statute of limitations for misdemeanor cases in Texas is two years from the date of the alleged offense. For felonies it varies due to the offense but the minimum is three years. If you are in jail for 180 days, however, and no indictment is filed, you can get a personal recognizance bond to... View More
answered on Nov 22, 2023
It depends on the particular facts. If the offense occurred inside a private residence located within a drug-free zone, but the schools were closed due to COVID, you may have a defense under the dfz statute. But, if the offense occurred on the school campus or in a public area within the... View More
When it comes to signing a lease with three roommates and one of them wants to use their father that has the same name as their father for the credit report check. What’s the minimum and maximum offense for that?
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answered on Nov 15, 2023
Using another person's identity to pass a credit check is considered identity theft, a serious crime in Texas. The penalties for identity theft vary depending on the severity of the offense, but they can range from a Class C misdemeanor to a first-degree felony.
Here is a breakdown of... View More
The police didn't have a warrant for my phone. I was supposed to get my phone back the next day, its been 3 and nobody i've talked to knows where my phone is or where I can go to find it. Can the police legally keep my phone as long as they want or do I have the right to get my phone back?
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answered on Nov 13, 2023
In Texas, as a victim in a sexual assault case, you have certain rights regarding your personal property, including your phone. If the police took your phone without a warrant, they may still keep it temporarily if it's considered evidence or relevant to the investigation.
However,... View More
I never touched either of these boys and they will swear to the police that I did not.
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answered on Nov 13, 2023
Do NOT talk to the police without a lawyer. Even if you think you have great proof that you are innocent, they will lie to you and get you talking, etc.
Call a good lawyer and admit nothing. The boys may have made statements to CPS already. Invoke your right to an attorney.
If the... View More
I live in el paso texas now but am thinking about moving to New Mexico
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answered on Nov 12, 2023
Once you have been convicted of a Felony, you lose your gun rights.
You can recover your ability to possess a gun if you receive an Expungement or a Relief from Civil Disabilities from the court.
The only other way you can recover your right to possess a gun is to ask your county... View More
They took me to jail and declined to file charges after arrest ing me and detaining ke I have lost my job over it my wife almost left me it’s caused me aloynof unnecessary problems but they had no justisiction
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answered on Nov 7, 2023
If you were arrested by a non-tribal officer on tribal land and are a member of the Cherokee Nation, there may have been a jurisdictional overstep, depending on the specific circumstances. Tribal sovereignty and federal law generally govern criminal jurisdiction on tribal land, not state... View More
In the county above. You are charged probation fees. You are also charged for drug test days after getting bonded out. What do i do if i cannot afford to do any of it?
answered on Oct 31, 2023
First, you should consult the criminal defense attorney that handled your case. If you cannot afford probation fees, you should notify your probation officer in writing of your inability to afford to pay probation fees and submit a Statement of Inability to Afford Court Costs to your probation... View More
I am a retail store owner in San Antonio. I had a belligerent customer and someone we suspected was stealing who I had to tell to leave my store citing trespass. He would not leave. I grabbed his arm and started to push him out of my store.
He started screaming that I was assaulting him.... View More
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answered on Oct 28, 2023
DO NOT TALK TO THE POLICE ANYMORE
You have been placed in an untenable situation and if you touched him (screaming man) in a non-harmful manner, as part of your effort to escort him out the door, I believe you have not acted unlawfully. The problem is that the details surrounding your issue... View More
Bonded out in 4 hrs and feel defendants 4th amendment rights were violated
.
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answered on Oct 27, 2023
The decision by a District Attorney (DA) to offer time served on a charge of drug possession, especially on a first plea offer, can stem from various factors. These might include the nature of the case, the strength of evidence, the defendant's background, and potentially even the... View More
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answered on Oct 26, 2023
Toxicology reports typically should not take longer than two years to be completed. If you're experiencing significant delays in receiving a toxicology report, several factors may be contributing to the delay. It's essential to follow up with the relevant authorities or agencies involved... View More
I used to rent a business space and when I left the landlord put a theft of property case on me , issued a warrant.
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answered on Oct 25, 2023
Surrendering in court for a warrant related to a theft case and receiving bail will likely result in this event being recorded on your criminal record. Even if the case doesn't lead to a conviction, the record will show the arrest and charges. It's crucial to understand that being charged... View More
Just wanna know is it legal for an officer to use a item that was found in my on an other person in use it against me
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answered on Oct 24, 2023
The legality of an officer using a digital scale taken from another individual as evidence in your car depends on factors such as the lawfulness of the search, the chain of custody of the evidence, and compliance with your Fourth Amendment rights. If the officer conducted a lawful search of your... View More
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answered on Oct 23, 2023
In Tarrant County, Texas, the statute of limitations for filing a case for felony drug possession typically depends on the specific level of the felony. Generally, the statute of limitations for most felony drug possession cases is three years. However, it's crucial to note that the statute of... View More
So left the job site went to work 3 employees with me , after the job we did I dropped off one guy at home than drove to my bosses and we pulled up and got out the vehicle and a police officer parked behind us out of no where I guess my co worker had a warrant and took off running the officer... View More
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answered on Oct 15, 2023
It sounds like you've been through a challenging situation. In matters involving unlawful arrest, it's critical to ensure that your rights are protected. To navigate this, you should retain an attorney experienced in criminal defense or civil rights. Document all details of the event,... View More
does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)... View More
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answered on Oct 15, 2023
Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More
I have a court order to pick up my son from his mother's house. I go to pick him and no answer. I park on the public street and call for a child welfare check. Officer comes, knocks on door, no answer, then leaves. He states that I can stay as long as I stay on public property (ie. The... View More
answered on Oct 13, 2023
An argument could be made that you are not trespassing especially if your custody order was agreed to.
But this would also be a great time to seek a modification of your court order to change the site where the child exchange happens from her house to your house. There is a fair chance the... View More
Will he take me to jail or give me a lawyer and reset court
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answered on Oct 11, 2023
In Texas, if you violate probation and are required to appear in court, it is advisable to have representation. If you cannot afford an attorney, the court should appoint one for you, but you typically need to request a court-appointed attorney and qualify based on indigency standards. When you... View More
If a person has a bag of marijuana in their shoe and is stopped, how can they be charged with tampering? Wouldn't this fall under the category of if the officer does a proper search then they will find the item but if the item is already in the shoe, technically there is no evidence of... View More
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answered on Oct 15, 2023
If a person is stopped by law enforcement, and during a proper search, a bag of marijuana is found in their shoe, the charge of "tampering" may be applied if there is evidence to suggest that the individual attempted to conceal or hide the marijuana in a way that obstructed the search or... View More
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