Texas Criminal Law Questions & Answers
Q: can the D.A. bring up a case the is over 20 years old and add it to a new case to make the crime habitual?
Possibly, but it depends on the particular situation. The DA can make an enhancement allegations (from previous crimes) to increase the range of punishment, but you for sure will need the assistance of a lawyer. I do not believe it is fair to use previous criminal convictions to increase the level... Read more »
Q: I was arrested on bogus stalking charges 145 days ago, I have not heard anything from the courts what do I do?
I can’t have this hanging over my head, I don’t have money for a lawyer, what can I do to help myself?
Contact the criminal section of the County Clerk's Office in the county where the offense is alleged toi have happened.
Q: I’m on probation and am worried I failed my second drug test. What should I expect the next time I go to see my PO?
Neither of the offenses I’m on probation for are drug related. I failed a drug test for the first time and completely stopped smoking, I got tested again about 30 days later and am worried I didn’t pass. I took an at home test and passed two and the third one came up positive for thc. I’m... Read more »
I understand you worries, but there's nof much you can do now. Your UA will come back clean or not. You will be continued on probation or revoked. Call your attorney. Good luck.
Q: What type of lawyer does it need? Criminal or immigration or both?
A member of our community is currently in jail for Fraud use /Poss. of ID, Failed to ID, and ICE hold. Before that event, he was on an ICE bail. He entered with the United State with a different name. He is now married to an American citizen and 2 kids (with different mothers). He has a currently... Read more »
Both.
Q: I was arrested in Collin County Texas for possession of a controlled substance and endangerment to a child
I haven't been arrested since 2009 and my last possession charge was in 2002. What do u think I should do? And what may happen in ur opinion?
Do you have felony convictions? If so, the punishment range for the new cases can be enhanced. Get with an attorney to discuss your situation. Good luck.
Q: How can a person that works as security in a gameroom be charged with engaging in organized crime in texas?
The gameroom has slot machines only
The evidence gathered by the State must be reviewed to determine what the allegations are and the probability the the allegations can be proven beyond a reasonable doubt. Get with an attorney. Good luck.
Q: My son has a warrant for revocation of probation. His charge was for having marijuana in his vehicle.
He was sentenced to one year probation, some kind of classes in Corpus when he lives in Three Rivers with no car. He's had one ROP before and had more probation added. He missed appointment with probation officer and now has this warrant. How do we handle this and will be be sentenced to jail... Read more »
The longer he waits the worse it will be.
If he can go to class, he can report.
Sounds like he is old enough that mommy should no longer be taking care of these things for him
Q: What does final plea hearing & deadline mean in a criminal case in Criminal courtroom 1 in El Paso County Texas mean?
My son has been incarcerated for nearly a year there he's been set for trial three times now every time we get ready to go to trial it gets pushed forward 6 months we're not seeing any justice in this matter what is the problem I am confused as to what final deadline interprets in there law?... Read more »
I am not aware of any LAW that says a trial can only be postponed three times or for one year ... perhaps the judge said the she is not willing to grant any additional continuance.
Q: Can the police search someone’s vehicle without a warrant in Texas?
Was the driver was arrested? She he or she consent to the search?
Q: Can I go to jail for using self defense on my pregnant younger sister? She has a history of being aggressive.
She is very aggressive and my parents have a history of calling the police on her acting violently. She instigated a fight when she threw something at my dog and when I tossed it back, she attacked me. It was very awkward because she kept punching me and I tried to only get her face, both of our... Read more »
You can be arrested and taken to jail for assaulting the Tooth Fairy but you can only be CONVICTED if the prosecution can prove every element of the offense beyond a reasonable doubt. Self defense is a justification for the use of force. When the issue is raised by testimony or other evidence, the... Read more »
Q: If ones appeal was affirmed by TX COA, can he refile as Pro Se, he no longer has a court appointed attorney?
Court appointed attorney never contacted defendant, only when COA came back as affirmed defendant was notified. This is a Sexual Assualt case of a minor. Where defendant received 50 years no DNA on 1 count of aggravated sexual assault and 3 counts of indecency.
I am sorry for your troubles. Yes he can proceed pro se. But it would be best to seek legal help from one of the legal agencies. I will post the websites for those that assist people on criminal cases.
Google "Thurgood Marshall School of Law Innocence Project" (TMSLIP).
This... Read more »
Q: Hello how much time is a person looking at with a felony of evading arrest and 3 misdemeanors
Evading arrest can be a misdemeanor or a felony. Depending on the facts and the defendant's criminal history, it can be:
State Jail Felony - punishable by 6 months to 2 years.
Third Degree Felony - punishable by 2 to 10 years in the state penitentiary.
Second Degree Felony... Read more »
Q: How long does the D.A. have to prosecute someone accused of sexual assault in the state of Texas ?
DNA was collected, home was searched, case was turned in to the D.A. as a non arrest by the detective and haven’t heard anything in over a year.
The statute of limitations on sexual assault is 10 years except there is no limit in cases where DNA was collected but it doesn't match anyone, or if the alleged victim is not an adult, or if there are 5 or more alleged victims (e.g. a serial rapist.)
Q: My son got off probation 1 yr ago for assault now hes in jail for assault w deadly weapon will he get time
Assault with deadly weapon is a serious allegation. You son should contact an attorney for case evaluation immediately.
Depending on his criminal history prison is a strong possibility.
Q: I got a bond forfeiture and don't no what to do
You should contact your bond company for assistance.
Q: What happens if you dont complete 1 of the requirements in your deferred adjudication for theft under $100 in texas?
I have never been arrested before. I was not arrested for this offense, I was given a ticket for theft under $100. I met with the ADA and they offered a differed adjudication. I have completed all required but 16 hours of community service. Everything is due by Aug. 14. What will happen if that is... Read more »
Deferred adjudication means that the finding of guilty has been put off (deferred) for the duration of your probation. If you violate the terms of your probation by failing to perform your community service, the judge can enter a finding of guilt. This would constitute a conviction for theft, which... Read more »
Q: Can I get more time to find a lawyer if I was given a court appointed lawyer a few days before my court date
Yes you will be allowed more time to shop for retained counsel if you were appointed a lawyer a few days before your first setting in court. You are unclear about which "court date" you are talking about. If you mean you were appointed a lawyer just a few days before your trial setting, chech with... Read more »
Q: charged whit a 2felony for burgaly habitation first timer I got 2 years defer probation
But they didn't had much evidence as far j know they only had a video me saying if she keep bothering me I was going to do it some boots that where there testify if they where mine i agree cause i was scared i got raped I'm jail the lady that press charges is my moms next door neighbor but tills... Read more »
Fighting it will cost you more than the fines. Pay the fines and strictly comply with the terms of your probation.
Q: Does a misdeamenor possession charge bar you from purchasing a gun in the state of texas? no arrest. just a 500$ ticket?
Thanks for your question.
The answer is typically, no. However, there are certain misdemeanors (upon conviction), such as family violence, that will restrict you gun rights.
All felonies will prohibit gun ownership, federally for life and under the state's law for 5 years after... Read more »
Q: Can i do anything if my girlfriend's parents have guardianship over her. Will they have it since she has aspergers?
My girlfriend is 26 and has aspergers but lives in a abusive (domestic abuse) household. She has suffered this abuse since late elementary school from her parents, close family and so on. Now i want to help her move out but her mom demands that she can't and has threatened to call the police and... Read more »
I notice there are several practice areas flagged on this question. I will answer only with respect to Criminal Law and Domestic Violence. You'll need a Family Law attorney to answer the Guardianship issue ... and maybe also a therapist to figure out how you got emotionally invested in this... Read more »
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