My cousin was arrested on an evading arrest charge in 2003. One lawyer told him it could be expunged and one lawyer told him it couldn't. What is the rule on expunging felonies if at all possible?
He was charged felony and sentenced based on a misdemeanor and was giving a fine of... Read more »
Expungement depends on the final disposition of the case, not the degree of offense. If the case was dismissed, you may be able to an expungement or disposition. The only way to remove a final conviction from a person's criminal record, however, is through pardon from the Governor.
My 16 almost 17 year old niece got pregnant by her 25 year old boyfriend that her parents had no idea about, her parents weren’t happy about it and filed a report, but my niece won’t tell the police or her parents his name. Can they do anything about it?
ALMOST doesn't mean anything. See Texas Penal Code Section 21.11 - Indecency with a Child, Section 22.011 - Sexual Assault, and Section 43.25 - Sexual Performance by a Child for the law on the subject. Good luck.
How typical is it for a person's Miranda Rights to be read but then the person isn't arrested that day? The person was later arrested. Is this normal or does it have some other implication?
Miranda warnings should be given by law enforcement to any suspect before any custodial interrogation, whether an arrest is made or not.
You should re-post this question with the location set to Louisiana so it will be seen by attorneys licensed to practice law in that state.
Currently I’m 22 weeks pregnant. My husband & I got into an altercation, it got physical on both sides. Now I was trying to defend myself (he left a variation of bruises on me, him on the hand only had one). I would like to press charges on him but he threatened me, he said that if I press... Read more »
Talk to a Texas-based immigration lawyer about whether or not deportation is a legitimate concern under current case law out of the 5th circuit as it relates to recklessness as a culpable mental state in the Texas assault statute.
A person can report a crime to law enforcement, but they... Read more »
It's like they cut camera off and back on after what happened and it's the only part that would show what he is being accused of, it's just cut out and we need whole video
His attorney should request the CAD (ie computer aided dispatch) report from the prosecution. There are two variant types of the report for Austin Police Department, but both should include the badge number of every dispatched officer and other details like which vehicle they were in, what time... Read more »
age 14, aggravated sexual assault.
You son's future depends on how this case turns out so hire the best criminal defense attorney available who takes juvenile cases.
So a month ago my 11 year old son exposed himself to a younger girl.we know it's not right CPS was called CPS closed out the case and he has been in therapy since then to try to figure out what happened it was completely unnormal for him to do this. However last week we got a call from an... Read more »
The investigator has threatened to take the case to the District Attorney if you do not bring your son in. It is quite likely that if you do bring your son in for an interview, the investigator will still take the case to the DA, only your son will have made the DA's case a lot easier. The... Read more »
This man posted a racist statement in a public Facebook group. I sent the screenshot to his sister and daughter. I also messaged his wife asking why she deleted me. I have not contacted any of them since, and have asked him to stop contacting me after his initial threat. He sent another message... Read more »
A great Tx Lawyer and Judge said: "You can sue a ham sandwich." It sounds like this person thinks his beliefs are the supreme word of God and we should all be worshiping the ground he walks on. He could bring a harassment litigation against you in civil court. The police are usually... Read more »
My nephew couldn’t get stopped quick enough to keep from hitting him. The guy told him that he was ok and that he could go. Several days later his wife contacted him and said that she had taken a picture of the license plate and they would not get the law involved if he would give them his... Read more »
It is a crime to cause an accident and then fail and stop to give information (e.g. insurance info). It is also a crime to cause an accident that injures someone and then fail and stop and render aid. From your description, it does not appear that your nephew violated the law at the time of the... Read more »
His wife knew when and where it was going to happen the same day he committed suicide and nothing was said to anyone. She saw on their bank statement he bought a gun and proceed to keep it to herself.
Criminal Law:
It is against the law to allow a child under 17 unsupervised access to a loaded firearm, but there is no such law for adults. Buying a gun is not a crime and actually committing suicide is not a crime. Helping a person commit suicide is class C misdemeanor, which is the... Read more »
There is no one simple answer that is generally applicable so you should consult your attorney if you need specific details of a specific case. In the general sense, the answer would be immediately apparent if you change the question to "Can a huge government bureaucracy make a mistake when... Read more »
Assault Agg felony 2 I need someone fast court 3weeks
Keep looking, Call 10 lawyers a day. Call attorneys in the next county Ask family and friends for help. From the Court's perspective, if you found the money to bond out of jail on felony cases, you can find the money to retain an attorney. Good luck.
The statute of limitations is the hard limit beyond which prosecution is barred. You can find them in chapter 12 of the Texas Code of Criminal Procedure which I will link below. Generally speaking, the longer you wait to report a case, the less interested law enforcement will be. Just because a... Read more »
I was arrested after fighting back and defending myself against a man that had been abusing me during the pandemic mandatory stay at home. He was a 4 time felon but we did not know. I was acting as my Alzheimer’s mother with Multiple sclerosis caregiver. He was delusional talking to spirits and... Read more »
Start calling attorneys in the area where the case will be filed and retain the one you feel most comfortable with. Good luck.
Against racist
Your question is very broad. More facts are needed
My friend was arrested over 3 months ago and has not received his police report. They keep telling him it's not ready. How long can they withhold his report?
Pursuant to article 39.14 of the Texas Code of Criminal Procedure, copies must be provided to the defense attorney "as soon as practicable after receiving a timely request." Appeals courts have ruled that the clock doesn't really start until the formal charging document is filed by... Read more »
Since police record are public can anyone go to the police station and request one? For instance, if I wanted to get the police record of someone else, will I be able to without any problem?
Yes, but there are multiple exceptions in the law that allow law enforcement to withhold or redact certain information if they follow the process outlined in the law. You can read the law for yourself in chapter 552 of the Texas Government Code. Here is the link:... Read more »
they have prior family violence convictions?
Assault w/ impeding circulation is a felon in Texas could be enhance to next higher offense with prior felony convictions. You should consult with attorney and provide additional information.
Contact the criminal section of the District Clerk's office in that county. Good luck.
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