Kiele Linroth Pace's answer The thing about an expunction is that portions of the law are somewhat convoluted and it needs to be done properly the first time. Its not a safe D-I-Y project because, if done improperly, there is the possibility of creating orphaned records that can't easily be fixed by just filing another expunction. Your best bet is to hire an attorney that practices criminal defense in the county where you were arrested.
Victoria Collins' answer No, it doesn’t sound like obstruction of justice took place: it sounds more like a decision had to be made to protect both parties. In Texas, an arrest is mandatory in a domestic abuse report. Unfortunately for you, you’re spouse made the call and you did not. Prior incidents are irrelevant as to who is the aggressor in the current situation.
Kiele Linroth Pace's answer Can the indictment allege a different set of facts other than what is sworn to in an officer affidavit? Yes. Assuming they get it past a grand jury, an indictment could allege that you assaulted the Tooth Fairy. Whether the indictment survives a motion to quash and whether the prosecution can prove their case beyond a reasonable doubt ... those are probably he real questions you should be discussing privately with your criminal defense attorney..
Kelli Y Allen's answer I'm not sure what your specific question is in relation to criminal law, but in general, if you allege that a court lacks subject-matter jurisdiction, you are asking that the case be dismissed (saying it must be dismissed as a matter of law due to lack of authority to hear the case.)
Victoria Collins' answer Yes, you can be arrested for possession of any illegal substance. However if police misidentify the substance you actually possessed the DA can drop the charge on the cocaine and then proceed on a charge for the crack.
Victoria Collins' answer If a person is convicted of a sexually-oriented crime then that person is required under Chapter 62 to register as a sex offender. However, without more information here I can’t make determination as to the length of time you were required to remain registered. Further, their are options available under that same chapter that allows motion for early release or exemption.
Holly Marie Hammons' answer If your son has no previous record generally the State will recommend a deferred adjudication meaning if he completes probation successfully the charge will not be on his record. Juvenile records are sealed and can only be opened under limited circumstances. Probation for a juvenile is generally community sentence, stay out of trouble, go to school, and keep appointments with the probation officer. That being said conspiracy is difficult to prove in my experience.
Holly Marie Hammons' answer If you are currently on probation and you fail to fulfill the requirements the State could revoke your probation and sentence you to serve the remainder of your sentence in jail or prison depending on the charge. If a revocation is filed in your case you could qualify for a court appointed attorney. I would not recommend doing this without an attorney.
Kiele Linroth Pace's answer They *could* charge you with assaulting the Tooth Fairy! The real question is whether they will have enough admissible evidence to prove every element of the offense beyond a reasonable doubt.
If you invited them into your home to investigate one crime, but they found evidence of a different crime, then the question is whether the evidence is admissible. Did you invite them to look at the busted door frame and instead they looked in your sock drawer? Don't answer on this public...
Kiele Linroth Pace's answer Without looking at the evidence, no attorney can give you anything more than a guess. Your current attorney can't share the evidence with anyone who is not on the defense team. Therefore, you can't get a REAL second opinion like you could with a medical diagnosis unless you HIRE another attorney... all you can get is a guess.
Roy Lee Warren's answer It likely depends on the credibility of the witness and the circumstances tending to corroborate the different story. You may want to have the witness speak with defense counsel first.
Kiele Linroth Pace's answer Call the non-emergency number for the police if you live inside the city limits, otherwise call the Sheriff's department. Also go to the Justice of the Peace precinct for the address of the property and ask about how to legally do an eviction.
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