My loved one has been in prison 2 years on a drug charge but caught an illegal dumping charge before the drug charge. He has had court every month but they don't pick him up. I went to the court and the Assistant DA told me that his court appointed lawyer could file a motion to get the case... View More
answered on Jan 4, 2024
There is a lot going on for your loved one.
It is true that if an arrest has been made, or a charging instrument (not Indictment) on a case, and the DA does not get an indictment within 90 days or the DA fails to produce an accused within 180 days, a Motion can be made to dismiss the... View More
The coordinator is part of a team that is supposed to help these offenders get better. Not constantly belittling them to the point of giving up and wanting to go Awol
answered on Jan 4, 2024
Unfortunately, some Court Coordinators are not nice people. However, you must keep your cool. Do not let some miserable person drag you into her sad world. Just keep up everything you are required to. Once you have completed your sentence, etc., you should write to the judge and let them know of... View More
I partake in the BSDSM kink ageplay and DD/LG to cope with trauma from my childhood. I make it clear I am a legal age to my partner before roleplaying a young age. This is fantasy, text only, no pictures are EVER exchanged.
Due to the sexual nature of the private conversation having to do... View More
answered on Jan 4, 2024
What you have asked, confined to the exact language you have sent, is NOT illegal. If the conversation and subject matter, stay as such, you are fine to continue. Criminal liability would be implicated if any child, or involvement of children, were involved. Also, be sure the conversations are only... View More
If a stranger opens the rear door where my 10 year old child is sitting, but has not yet entered the car. May I use force immediately and preemptively to protect the child? I am assuming that anyone who opens a car door without permission is a danger to my child. If he did intend to hurt the child,... View More
answered on Jan 1, 2024
In Texas, the use of force to protect yourself or others is generally governed by the state's self-defense laws. While there is a legal concept known as the "castle doctrine," which allows individuals to use force, including deadly force, to protect their homes and vehicles in... View More
My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing.
answered on Dec 29, 2023
First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it.
When he pled guilty, there was probably a plea "package" of paperwork, Notices of rights, and waivers of rights, that the... View More
I've tried talking to his parole officer but she has been lying to me from the beginning stating my land lord had called the Detective and said that we had moved out before the date that we had to. he wrote a letter stating that and saying that he was very cooperative and gave us till the 1st... View More
answered on Dec 29, 2023
Registration is a painful and cumbersome process. From now on, send all correspondence and registration documents and Notices by Certified Mail via US Postal service. That will remove anyone's B.S. or memory problems. Even better, it will be saved in cyberspace Forever.
If the... View More
answered on Dec 29, 2023
Each State has its own system of allowing access to criminal records and judgments. Usually, fines and criminal penalties are part of a guilty finding and the attendant Judgment. So yes, usually a simple telephone call to the clerk of the court in which your case was held, will get you the details... View More
answered on Dec 29, 2023
In Texas, if you are sentenced to serve 12 months, typically, you should be released after completing that term. However, there are situations where your stay might be extended. This could be due to various factors, including disciplinary issues while incarcerated, miscounted time, or... View More
I was wrongfully arrested while on parole which resulted in a violation. The charge was dismissed. Is there any case laws that I can present to parole why they shouldn’t violate me because of the wrongful arrest
answered on Dec 27, 2023
You should really consider hiring a lawyer to address this issue. Parole violations can be tricky. Especially when they involve new arrests because arrests can create substantive and technical violations. Without seeing the exact parole violations being alleged it is impossible to give good advice... View More
I was wrongfully arrested while on parole which resulted in a violation. The charge was dismissed. Is there any case laws that I can present to parole why they shouldn’t violate me because of the wrongful arrest
answered on Dec 27, 2023
In Texas, if you are facing parole violations due to a wrongful arrest that resulted in a dismissal of charges, you may have legal grounds to contest the violations. It's crucial to present your case effectively to parole authorities. While specific case laws may not be provided here, you can... View More
The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no... View More
answered on Dec 26, 2023
It depends on other factors such as whether the man is presumed to be the father of the child or has acknowledged paternity. For example, if the man was married to you and you gave birth to the child either during the marriage or within 301 days of the date that the marriage ended, he is the... View More
The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no... View More
answered on Jan 13, 2024
The biological father's lack of paternity establishment and absence from the birth certificate may impact his legal rights. However, the specific legal actions you can take can vary depending on your state's laws and the circumstances of your case.
Regarding the incident at the... View More
He went to jail for family assault with bodily injury to me and violation of probation and left me with nothing in a house that has no bathroom ceiling and no roof in garage that attaches to the bathroom. It's so called in here I have to stay in bed under 3 comforters and haven't eaten a... View More
answered on Dec 23, 2023
Before I answer your question, I believe you should file for divorce and in doing so, you should ask for immediate temporary support from your husband and for your legal fees.
There is no criminal charge regarding you, but if he has left your child, there may be a criminal charge.... View More
Can you get your money back from the bondsman if you're not indicted within 180 days ( 1 year )
answered on Dec 20, 2023
In Texas, if you are not indicted within 180 days for a felony charge, you may have grounds to request a release from the obligations of your bond. However, the specifics can depend on the details of your case and the type of bond you have.
For a surety bond (where a bondsman is involved),... View More
Can they get in trouble for that because I thought they have to follow the book because they are the laws
answered on Dec 20, 2023
Yes, law enforcement officers in Texas are required to follow the rules and procedures outlined in the law. They are expected to uphold the law, adhere to constitutional rights, and conduct themselves in accordance with established legal standards. If you believe that law enforcement in your small... View More
Can they get in trouble for that because I thought they have to follow the book because they are the laws
answered on Dec 20, 2023
A peace officer in the State of Texas is required to follow all laws and statutes of the State of Texas and of the United States of America in performing his official duties.
A "law book" may incorporate "rules" from such laws and statutes and may also discuss rules... View More
Can they get in trouble for that because I thought they have to follow the book because they are the laws
answered on Dec 19, 2023
All police must abide by all laws. Some of them do not. They can get in trouble, or sued, or lose their job if they break the laws or do not follow the law. The problem is that police usually get the benefit of the doubt when someone complains about them. The best you can do is have your video... View More
A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More
answered on Dec 29, 2023
The question here is whether the police officer is protected by qualified immunity. In this situation, i think a good case can be made that the arrest was a violation of your rights and that the police officers behavior should not be protected by the law, because this was a clear and obvious... View More
A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More
answered on Dec 19, 2023
The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you)... View More
A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More
answered on Dec 20, 2023
Yes, if the allegations were fabricated by the cop out of vengeance. It is very important to present substantial evidence of the past dealings and relationship between Joe Jones and the cop outside of the cop's occupational involvement with Jones.
Typically, when an employee acts... View More
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