Texas Criminal Law Questions & Answers
Q: Charged with to burglary charges but no evidence but they have me standing in the pawn shop never see me pawn nothing
Grant St Julian III's answer
The State has the right to proceed with criminal prosecution if the DA believes there is enough evidence to prove the allegations beyond a reasonable doubt. Whether that is true or not is up to a jury. Start calling local attorneys. Good luck.
The State has the right to proceed with criminal prosecution if the DA believes there is enough evidence to prove the allegations beyond a reasonable doubt. Whether that is true or not is up to a jury. Start calling local attorneys. Good luck.
Q: If someone is facing an adjudication of probation, is it possible to get probation reinstated rather than revoked?
Grant St Julian III's answer
It is possible, but that issie is discretionary with the Judge. Ask this question to your attorney. Good luck.
It is possible, but that issie is discretionary with the Judge. Ask this question to your attorney. Good luck.
Q: A 16 yo f and a adult 28 yo f engaged in mutual combat. Can the adult get charges because the 16 yo is a minor in Texas?
Grant St Julian III's answer
Either one of the individuals COULD be charged with assault; the age difference does not bar prosecution nor does it presume guilt on either party. The decision on whether to pursue criminal charges would be up to law enforcement.
Either one of the individuals COULD be charged with assault; the age difference does not bar prosecution nor does it presume guilt on either party. The decision on whether to pursue criminal charges would be up to law enforcement.
Q: I was charged with hendering apprehension and bond out of jail on a 3500 dollar bond and now I have a arraignment date
Grant St Julian III's answer
Retain a local attorney before your arraignment. You could seeve time in jail if you are found guilty of this offense.
Retain a local attorney before your arraignment. You could seeve time in jail if you are found guilty of this offense.
Q: Laws had a warrant for my boyfriend for stalking which they say I file charges and I didn't so they threw his case out
Grant St Julian III's answer
You should have a local attorney investigate your situation. Nobody in this forum knows the specific facts of your case, and you need to discover your options
You should have a local attorney investigate your situation. Nobody in this forum knows the specific facts of your case, and you need to discover your options
Q: What should we do?
Simone R. Bray's answer
Get the invoice and receipt from the bail bondsmen and turn it into the boss.
Get the invoice and receipt from the bail bondsmen and turn it into the boss.
Q: If I'm on 1 year probation for under 2 oz of maryjuana, and I want my original sentence back.
Simone R. Bray's answer
If you fail a drug test the court won't simply give you the original sentence back. The judge may revoke your probation which opens you up to the full range of punishment for the underlying offense. The judge may also add more stipulations to your probation.
If you fail a drug test the court won't simply give you the original sentence back. The judge may revoke your probation which opens you up to the full range of punishment for the underlying offense. The judge may also add more stipulations to your probation.
Q: Is a Texas DPS drug analysis report considered a police report and therefore unaccessible buy a criminal defendant?
Grant St Julian III's answer
Your defense attorney is not working for or with the prosecutor, but if you d not believe your atorney is working in your best interest, go hire another one. Good luck.
Your defense attorney is not working for or with the prosecutor, but if you d not believe your atorney is working in your best interest, go hire another one. Good luck.
Q: If I'm on 1 year probation for under 2 oz of maryjuana, and I want my original sentence back.
Grant St Julian III's answer
You should ask this question to your attorney, but which is it;?
Were you sentenced to 1 year probation, or 10 days in jail? If they offered either and you chose probation, the State is not bound by the previous offer
You should ask this question to your attorney, but which is it;?
Were you sentenced to 1 year probation, or 10 days in jail? If they offered either and you chose probation, the State is not bound by the previous offer
Q: Need a quote for a misdemeanor assault and family violence pending case
F. Edward (Ed) Brown's answer
My fee for misdemeanor case in Bell County is $750 to work out a plea agreement. Trial fee is $3,000. Offer good until 12 noon Tuesday, May 22, 2018.
My fee for misdemeanor case in Bell County is $750 to work out a plea agreement. Trial fee is $3,000. Offer good until 12 noon Tuesday, May 22, 2018.
Q: Is this valid?
Grant St Julian III's answer
You will need to investigate the situation in the county where the checks were presented. Contact an attorney in that county to see if criminal charges were ever filed. Good luck
You will need to investigate the situation in the county where the checks were presented. Contact an attorney in that county to see if criminal charges were ever filed. Good luck
Q: I was charged with theft from an elderly person..forgery and unauthorized use of card.my accuser has passed away...what
Grant St Julian III's answer
Death of the complaining witness in a case does not necessarily mean the State will dismiss criminal charges. The question is whether enough evidence remains with the State to prove the matter beyond a reasonable doubt. Get with your attorney and discover what the State has against you. Good luck.
Death of the complaining witness in a case does not necessarily mean the State will dismiss criminal charges. The question is whether enough evidence remains with the State to prove the matter beyond a reasonable doubt. Get with your attorney and discover what the State has against you. Good luck.
Q: I have been falsely accused of a crime and wasn’t physically there and I have proof. How do i get warrant removed?
Grant St Julian III's answer
I understand your frustration, but you are not going to be able to walk into a courtroom, tell the Judge and DA, "I didn't do it!" and expect them to say, "OK, case dismissed". You are going to have to go through the process. The State has the right to present evidence on their behalf as well. That is what trials are for. Retain a local attorney, and if this is a fact of mistaken identity, hopefully your lawyer can clear everything up. Good luck.
I understand your frustration, but you are not going to be able to walk into a courtroom, tell the Judge and DA, "I didn't do it!" and expect them to say, "OK, case dismissed". You are going to have to go through the process. The State has the right to present evidence on their behalf as well. That is what trials are for. Retain a local attorney, and if this is a fact of mistaken identity, hopefully your lawyer can clear everything up. Good luck.
Q: what is the punishment for credit card theft in Texas?
Grant St Julian III's answer
Theft offenses are listed under Section 31.03 of the Texas Penal Code; Credit Card Abuse is under Section 32.31. The punishment range for a particular offense depends on the facts alleged. Have an attorney review the charging instrument filed in the case.
Theft offenses are listed under Section 31.03 of the Texas Penal Code; Credit Card Abuse is under Section 32.31. The punishment range for a particular offense depends on the facts alleged. Have an attorney review the charging instrument filed in the case.
Q: Hey I recently applied for Gainesville state school and I had a situation about my conviction for criminal trespassing
Grant St Julian III's answer
Law enforcement and certain governmental and licensing agencies will retain information about criminal cases, even if an order of non-disclosure has been entered. What will happen in your specific case is unknown. Good luck.
Law enforcement and certain governmental and licensing agencies will retain information about criminal cases, even if an order of non-disclosure has been entered. What will happen in your specific case is unknown. Good luck.
Q: My 12yrs son has been accused of touching another female student in a class. The girls parent is pressing charges
Grant St Julian III's answer
Give no statement to law enforcement, and meet with a local attorney immediately. Do not discuss this matter with anyone other than your attorney, and avoid posting any social media regarding the matter. Good luck.
Give no statement to law enforcement, and meet with a local attorney immediately. Do not discuss this matter with anyone other than your attorney, and avoid posting any social media regarding the matter. Good luck.
Q: I was accused of theft and forgery. My accuser has passed away before court process has begun.. What should i do
F. Edward (Ed) Brown's answer
Unless the prosecutor has another key witness, the case could be dismissed once the prosecutor is informed of death. I recommend you hire a lawyer.
Unless the prosecutor has another key witness, the case could be dismissed once the prosecutor is informed of death. I recommend you hire a lawyer.
Q: a no bail situation, does that mean that under no circumstances can you get out before or after their sentence?
Grant St Julian III's answer
No bail means the defendant will remain in custody until the criminal charges pending against him/her are finalized. The person will stay in jail until trial, or a plea is entered in the case.
No bail means the defendant will remain in custody until the criminal charges pending against him/her are finalized. The person will stay in jail until trial, or a plea is entered in the case.
Q: I live in a trailer house where my lease agreement states that I am unut A and I rent the front room living room akitche
1 Answer
| Asked
in
Real Estate Law, Criminal Law and Constitutional Law
for
Texas
on
Answered on May 15, 2018
Answered on May 15, 2018
Grant St Julian III's answer
If contraband is in plain sight and viewed by law enforcement, an arrest can be made.
If contraband is in plain sight and viewed by law enforcement, an arrest can be made.
Q: My ex-husband broke my back in October of 2015. At the time all, I wanted to do was hide, heal, and be safe.
1 Answer
| Asked
in
Criminal Law, Divorce, Personal Injury and Domestic Violence
for
Texas
on
Answered on May 15, 2018
Answered on May 15, 2018
Grant St Julian III's answer
You may contact the police department in the city where the events occurred and file an incident report. The detective assigned to the case will determine if criminal charges will be filed. Good luck
You may contact the police department in the city where the events occurred and file an incident report. The detective assigned to the case will determine if criminal charges will be filed. Good luck
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.
