What is the best way to locate a capable attorney to handle this very scary first-time charge? What are the questions to ask to ensure legal competency? Is there truly a Free Consultation for my first visit?
Some attorneys offer a "Free Consultation" but that does not mean "free legal advice." There are thousands of different types of legal problems. Some attorneys will take any case that walks in the door, but most attorneys focus on only a small sub-set of those problems.
Is it called Motion to Quash in the criminal case?
I received both summon for pre-trial and the sworn complaint from the Municipal Court recently. Based on the statue below, can I argue that I was never provided the Notice of Complaint prior to the State moved to issue Pre Trial Hearing?... Read more »
Why did the judge find probable cause? Was there a warrant? If so, the supporting affidavit should be in the clerk's file... which is a public record, so nobody needs to give you permission. However, unless you live really near the courthouse, it is probably better to just ask your attorney's...Read more »
I am very confused when I received the Summon with this sworn complaint last week. I am trying to understand the meaning "the date of any proceeding in the prosecution of the defendant under the complaint."
Does it mean the alleged offender is entitled to receive the complaint before the... Read more »
There is probably already a complaint in the court's file Ask your attorney for a copy of it. Alternatively, you could go to the clerk's office and get a copy for yourself... the entire clerk's file is a public record. Some jurisdictions make the documents available online and some will email...Read more »
I learned from the answers from Criminal Lawyers on this site not to speak to Law Enforcement without the presence of legal representation. Is it OK for me to exercise my 5th Amendment to not return the calls to a police investigation? Will I be charged not to speak to the Police?
You never have to talk with the police if you don't want to. Criminal charges may still be filed against you, regardless if you provide a statement or not. There is no separate offense for failing to provide a statement.
Make sure the phone number on the court's website matches the number on the summons document. Call the court, ask to speak to a clerk. The clerk will tell you which pieces of information they need to verify the case.
That 'guarantee' by whatever lawyer you are talking to is very misleading. In every case in Texas where a person receives 'deferred adjudication probation' and successfully completes it, their case is 'dismissed'. So guaranteeing something for $3,000 that is going to happen anyway isn't much of...Read more »
Depending on the offense, it may be possible for first time misdemeanor offenders to obtain an order of nondisclosure that will provided a limited seal of the records. Details are in the Texas Government Code here: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.0735
Paying the fine will cause a final conviction to be entered on your record, which can never be removed. Contact the court about options to avoid a conviction. Or call an attorney in the area where the matter is pending. Good luck.
I need know what you mean be "first time offender programs". Most such programs are instituted at the discretion of a particular court, so each jurisdiction has its own qualifications. Call an attorney in your area. Good luck.
I got pulled over and had a grinder in my car. Got the citation for drug paraphernalia and scheduled my court day. Right now I am 16 but I will be 17 when I go to court. Will I be counted as a minor or adult ? Does it matter? Can I get this charge off my record?
That happens sometimes. Consider putting a recurring event on your calendar that reminds you to call them every Wednesday at 10am. If you are bad at using your calendar perhaps set an alarm on your smart phone for that purpose.
He has an affirmative defense against SEXUAL ASSAULT OF A CHILD because he is less than 3 years older. However, there is a felony named INDECENCY WITH A CHILD and another one named SEXUAL PERFORMANCE OF A CHILD that allow only a maximum of 2 years... so for those two the affirmative defense...Read more »
I received a summon for pre-trial along with sworn statement from Plano Police Detective alleging me committing a Class C Misdemeanor less than $100 theft of Service alleged occurred in August last year. I never received any citation nor was given the chance to state my side of story. Does this... Read 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.