Texas Criminal Law Questions & Answers

Q: Can the state press assault charges for my fiancé if he told them he did not want to press charges?

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 12, 2017

This is a potentially serious situation for you and for your career so you should contact a criminal defense attorney that practices law in the county where this happened.

In a criminal case, the state government files the charges and the alleged victim basically a glorified witness. Cop dramas on T.V. make it seem like "pressing charges" is something that the alleged victim has complete control over, but in reality, the alleged victim's choice is only to what degree they cooperate...
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Q: If a person has this on the sex offenders list, does it mean he was incarcerated for 10 yrs and then probation?

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 12, 2017

I believe the notation "discharged probation/community supervision" means that person successfully completed 10 years of probation.
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Q: Is it still illegal for a sex offender to be registered at one address but living at another if they are off parole?

1 Answer | Asked in Criminal Law, Family Law and Patents for Texas on
Answered on Dec 11, 2017

Depends on the length of time that person has to register as a sex offender. That is separate from parole.
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Q: Can my mom press charges against my 18 year old boyfriend even though we haven’t had sex? Or put a restraining order?

1 Answer | Asked in Family Law and Criminal Law for Texas on
Answered on Dec 11, 2017

Until you turn 17, you are considered a "child" in Texas. That means if someone older had sex or sexual contact with you, they could be prosecuted for aggravated sexual assault of a child. That said, unless your mom has proof you are having sex, your boyfriend should be okay. However, depending on the police department, your mom might be able to get them to open an investigation of the charge.

There is also a defense to these kind of charges -- that there is less than 3 years difference...
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Q: if i was accused of a crime while in prison but been released can i still face prison time

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 11, 2017

Depends on the crime. Also the State would have to file the case within the statute of limitations. The main question is what you think you might be charged with.

If you assaulted a prison guard, you would be looking at a felony under Penal Code sec. 22.01(b)(1). If you got into a fight with another inmate, probably a misdemeanor -- unless you had a deadly weapon or you seriously injured the other guy.
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Q: I was convicted of sexual assault in 1986. I served the 10 YEAR SENTENCE including 4 additional years for a technical

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 11, 2017

The highest criminal appellate court in Texas has indicated that if a parolee is required to comply with sex offender conditions of parole, the first question is whether the parolee has been previously convicted or adjudicated of a sex offense. "If he has not been previously convicted or adjudicated of a sex offense, the affidavit shall state why such conditions are deemed appropriate and whether Applicant was provided with notice and an opportunity to be heard before the imposition of such...
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Q: I am a LPC in Texas and have been charged with assault on a 14 year old. Would that be a misdomeanor or felony?

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 11, 2017

In Texas, a "child" is anyone younger than 17 years of age. Under Texas Penal Code Sec.22.04(a)(3), if a person commits "bodily injury" to a child, they could face a felony charge. That said, the question is what the circumstances were. Was it your child? Did it occur in any sort of medical/psychiatric facility? What was the extent of the injury, if any? Are there pictures? And, of course, are you guilty? If you're not guilty, what motive does the child have to lie?
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Q: Will a judge let someone pay a fine instead of 90 days in jail?

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 10, 2017

You need to ask YOUR lawyer this question because YOUR lawyer is familiar with the facts of the case, with the policies of the judge, the behavior of the local prosecutors, and the tendencies of the local juries. If you are seeking a second opinion you must consult criminal defense attorneys in the same town that takes cases in the same court and who are familiar with the same judge. Just asking Texas attorneys in general will not yield a reliable answer.
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Q: do you do habeas corpus appeals from criminal conviction?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on Dec 10, 2017

This is not a D-I-Y project. You need the help of a criminal defense attorney skilled in appeals and post-convictions remedies. The rules are complicated, see Chapter 11 of the Texas Code of Criminal Procedure here: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.11.htm

Not only that, but the rules as written have be interpreted by the Courts of Appeals to mean different things than you might thing by just reading the rules. This is why you need an appeals attorney, you will...
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Q: Can I help my husband if state picked up charges against him and I'm the person the case is against

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 9, 2017

You can help whomever you please. You have no duty to help the prosecution and you have no duty to help the defense. The only thing you HAVE to do is come to court and testify... and that only if you are served with a subpoena.

If you want to help your husband, just contact his criminal defense attorney and let them know... The best criminal defense attorneys be curious about what the alleged victim remembers because the alleged victim is often the only true witness to the incident...
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Q: pressed charges on exboyfriend we do still have contact is that bad for court assault w deadly wpn and impeding breath

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Dec 8, 2017

There is an offense named Unlawful Restraint that might fit, depending on the specific facts.
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Q: My common law husband is in immigration jail facing possible deportation to his home country England.

2 Answers | Asked in Immigration Law and Criminal Law for Texas on
Answered on Dec 8, 2017

Undoing an old conviction is almost impossible and would require finding a criminal APPEALS lawyer to attempt an extraordinary post-conviction writ. Even then, that might only put the case back into a pending status where he would still need to be able to actually win the cases to get any relief.

Perhaps there is a better option under immigration law.
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Q: If someone is keying (vandalizing) your car in a public parking lot, can you push them away? what law name/case is this?

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 5, 2017

If you are charged with a criminal offense then you should be asking this question of your criminal defense attorney.

If you are just trying to satisfy your own curiosity, you might want to start with chapter 9 of the Texas Penal Code dealing with justifications, especially the justification for the use of force to protect property.
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Q: Can I cancel assault charges before judge signs for a warrant

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Answered on Dec 4, 2017

No. A criminal case is State of Texas vs. Defendant rather than Alleged Victim vs. Defendant. So only the legal representatives of the State of Texas can drop a criminal case.

That said, if you are the alleged victim then you are probably the state's primary witness. The state must consider your point of view, but prosecutors have no duty to drop the case just because you request it. If a case is filed, you could choose to cooperate with the defense instead of the prosecution....
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Q: in the state of texas is a parent the only one who can report a sexual relationship between a child and an adult

1 Answer | Asked in Criminal Law and Family Law for Texas on
Answered on Dec 4, 2017

Anyone who personally observes an Aggravated Sexual Assault of a child commits a criminal offense if they do not either help the child or immediately report the offense to law enforcement.

Anyone can report a crime, but that doesn't mean law enforcement will respond in the manner you expect. Officers have a general duty not to ignore crime [See Texas Code of Criminal Procedure 2.13(b)(3)] but they can always claim that your report was not sufficiently reliable to give them a good...
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Q: Why would someone being charged with a crime have their lawyer try and contact you?

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Answered on Dec 4, 2017

It is not possible to answer this question without significantly more information.

A reasonable guess might be that the lawyer believes you could help explain what happened. If not about the crime itself then perhaps information about the people, places, or circumstances surrounding the incident. Without more information, all one can do is guess.
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Q: Is A&B during a Violation of Protection Order the only grounds state can refile misdemeanor VPO as a felony?

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Nov 30, 2017

Two or more violations of 25.07 are all that is required for 25.072 . . . but be sure that the order violated was really a “no communication at all” order rather than a “no threatening or harassing communication” order. Law enforcement is prone to mistakenly confusing the type of communication prohibited and also to considering any violation a cause for a 25.07 when the fact is that only a specific subset of violations can serve as VOPO and the others are just contempt.
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Q: My husband was pulled over and they searched him and tested some eye drops in his bag that came back as amphetamine

1 Answer | Asked in Criminal Law for Texas on
Answered on Nov 29, 2017

The best answer to this question will come from an attorney that practices civil rights law and federal section 1983 cases.

The problem is law enforcement. The bondsman and the attorney were paid to help, and they did help, so they earned they did nothing wrong. Worker's compensation is a totally different area of law so you would need to consult a workman's comp attorney to learn if there is any provision for a false arrest.

All that said, since the question is only posted...
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Q: I wear a male chastity cage, I do not have the keys and the lock is filled and sealed..

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Answered on Nov 29, 2017

The number of attorneys have ever actually BEEN to prison (as an inmate) is close to zero... so maybe Justia isn't the best place to get an answer. However, there ARE consultants you can hire to help prepare for prison. You might want to consult 2 or more since different people have different experiences and outlooks. You might also prefer to talk to people with fairly recent "experience" in the same state system. An internet search may lead to useful results.
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Q: If I have fake charges against me what can I do? I'm going to prison on fake charges and I didn't do anything wrong.

1 Answer | Asked in Criminal Law for Texas on
Answered on Nov 29, 2017

Hire the best criminal defense attorney you can afford that practices in the county where the charges were filed. How much is it worth to you to maximize your chances to avoid prison? What will you LOSE if you go to prison? How will it be to live the rest of your life as a convicted felon? Will you be able to get a job? Will you even be able to rent a place to live?

Maybe consider selling whatever you will lose to raise money for your defense... since you'll lose it anyway if...
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