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answered on Oct 7, 2024
Deferred adjudication, pro forma, generally means that the court just wants you to keep out of trouble and then they won't move forward with a conviction in your case. That said, you ought to contact the court and figure out the specific parameters you need to abide by-- how long is the period... View More 
answered on Oct 7, 2024
This means that the judge in your case determined that there was no family/"domestic" violence as an element of your case. That's a very important and beneficial thing, because finding of family violence present obstacles to getting charges expunged/non-disclosed, they create issues... View More
My current living arrangements for my probation in Arizona have become life threatening. I need to transfer my probabtion to Texas but I have some probation violations and I worry that may lead to a denial of transfer.
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answered on Oct 5, 2024
The first problem you will have, is what you already pointed out. It is unwise to ask for, or demand a change in your Probation, when you have failed to fully comply with your terms of probation.
Nevertheless, if you can show PROOF, that your life or health is under a clear and present... View More
And due to financial situation she wasn't able to pay the one payment and now a few days later they have sent a text message saying they're going to arrest her for stealing the car. Is that a scam or can they really arrest her for missing one payment.
answered on Oct 2, 2024
No they cannot arrest her for failing to make a car payment on a car she bought. They can, however, repossess the car if they properly recorded a lien against the car.
They could only arrest her if she stole a car registered in their name. When you buy a car, you (or the dealer) must... View More
answered on Oct 2, 2024
He can appeal his conviction. If the deadline to appeal has passed, he can file a writ of habeas corpus. He may have to prove "actual innocence." That means he would have to prove that he was not a party to the underlying criminal activity that ultimate resulted in the murder.
i am the complaining witness, and pressed charges against someone while severely intoxicated. i do not remember the events as they correctly happened though i told the police officer who originally took my statement i believed i was put in a chokehold. but i want to take it back and they told me if... View More
answered on Sep 30, 2024
Theoretically, you can submit an affidavit of non-prosecution to the district attorney prosecuting your case. In cases involving domestic violence, that does not always work because the victim and perpetrator typically know one another and may be in a relationship. That raises a concern that the... View More
won't return it. can I report it stolen? I am their son. the car is in Mom''s name.
answered on Sep 26, 2024
No, you can't report it stolen because you are not an owner of the car. Your mom will have to report it stolen.
Alternatively, if you believe your mom is no longer mentally competent as a result of her stroke, you can apply to court to be appointed as the guardian of her person and... View More
Exclusion of Expert Testimony: Whether the trial court committed reversible error by excluding the testimony of one of Ramirez’s expert witnesses, Dr. David Beaver, an Austin-based linguist, due to his limited “experience with South Texas culture.”
Limitation on Cross-Examination:... View More
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answered on Sep 21, 2024
You need to get a good Appeal Lawyer.
First: you need to file a Notice of Appeal Immediately! You have 30 days from your sentence to file the Notice of Appeal.
If you are past that time limit, you must still file the Notice of Appeal with the District Court Clerk immediately. After... View More
My brother is currently serving at an TDCJ ISF for 90 days for parole violation . We just found out that DA may be considering pressing charges against him on a case in which the other party lied to police about domestic violence, has since completed an affidavit attesting that their original... View More
answered on Sep 20, 2024
The only way to meaningfully address the issue is to hire a criminal defense attorney. Sometimes, if you catch a case before criminal charges are formally filed, a defense lawyer can convince the DA not to file the case at all. There isn't a lot of time to waste, though. You'll need to... View More
My friend got convicted of a murder charge and received a sentence for 45 years and been gone for 8. Is there a chance he can get it appealed and get time reduced?
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answered on Sep 20, 2024
If your friend has already been imprisoned for 8 years, appeal is no longer an option, but your friend could file a writ of habeas corpus challenging his/her confinement. The writ of habeas corpus is a mechanism to address fundamentally defective procedure leading to constitutional error or claims... View More
If you become informant and agree to give up people to lower your case. But when you go to court there wasn’t one.
answered on Sep 9, 2024
You can "agree" to become an informant and give up other people but that alone does not constitute cooperation with the police. You must actually work with the police in such a way that your work results in the arrest and prosecution of those other people. You don't say that you... View More
My lawyer coerce and pressured me to sign for probation without giving me the opportunity to think of other options and i like to file to the court that i signed my probation while under distress and was coerced
answered on Sep 9, 2024
Coercion usually requires evidence of the use of force, or the threatened use of force. The best evidence of coercion would be a credible witness testifying that the lawyer pointed a loaded gun at you and told you that, if you didn't sign for probation, he would shoot you.
You should... View More
I had an active ticket for not having my child in a seatbelt, and I was on probation for that citation. While still on probation, I received another citation for parking in the roadway.
answered on Sep 9, 2024
Most of this will depend on a number of items, such as whether the county you had the original citation is is going to do any type of statewide check. Even if they do, you can retain counsel, and they should be able to work out an agreement that will allow for either extending or reinstating the... View More
Is 6 months all that is served on a 6 year sentence in Texas? Can he be paroled from the county jail? Does the parole board typically approve first parole on a violation?
answered on Sep 6, 2024
There is no set answer to this. Generally, we can speculate that he will serve quarter time, or a quarter of the time he was sentenced to serve if it is not a 3g offense, but that is up to the prison system and will depend on several factors. The best thing you can do for him is to get an... View More
I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More
answered on Sep 6, 2024
If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More
I was convicted of 2 felonies at age 17 for False Alarm or Report and Burglary of a Building with intent to commit criminal mischief for breaking into an empty office building and spraying fire extinguishers with some friends when i was 17 in Texas in 2013. I have not been in trouble since. I am... View More
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answered on Sep 6, 2024
Being a Felon is a burden. To answer your question: "Can I do anything about my felonies?", I would have to see your court records. Some felonies can be expunged, or removed from your records. However, that is available in very few situations. If you pled Guilty, and there was no... View More
My husband is on deferred probation but he's in jail for mtag
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answered on Sep 5, 2024
It sounds like they will be bringing your husband to modify the terms of his deferred adjudication, or to revoke his deferred adjudication, for a violation of the terms of the same. Depending on which county your husband had pled, you can look-up his case and the status. To Revoke someone's... View More
How can tx file on me when I evaded oklahoma
answered on Sep 4, 2024
This is a bit complex to answer because there is additional information needed to answer well. Whether or not Texas has legal grounds to charge you will depend on what all transpired after you entered Texas and what the State of Texas is charging you with. If it is evasion in Texas, then perhaps... View More
He did not have any information for, didn't remember he was representing me, hasn't shown me any evidence pertaining to my case, wants me to sign for the probation offered, and doesn't even work at law firm I pd the 7500 to and no one there even attempted to let me know he was no... View More
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answered on Aug 31, 2024
Wow! The manner by which you were treated is terrible and unethical. To start, your lawyer should have had you enter into a written Retainer agreement, which should have basic language explaining the reason and scope of the attorney representation. If you hire an attorney and he has other... View More
I am an employee for a city in Texas. I have been repeatedly harassed by one of the residents. Today, while taking a walk during one of my breaks, the resident pulled up next to me, slowed down, and started shouting swears at me. I know that Police Officers cannot be "offended" by foul... View More
answered on Aug 29, 2024
Other citizens aren’t pressing charges, only DA’s offices can do that. And while it’s annoying to deal with someone shouting curse words at you, it’s harder to establish whether that’s actually illegal conduct. You can report that behavior to the police and let them know that it’s... View More
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