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
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
Is it an infraction against DA and or Sheriff? If so what are the defendants options for recourse?
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answered on Dec 17, 2023
If you're facing a situation involving illegal, unwarranted searches and arrests, or the falsification of evidence, this is a serious matter that can potentially impact both the district attorney and the sheriff's department involved. These actions can constitute violations of... View More
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answered on Dec 17, 2023
If someone is threatening to go to the police about a drug purchase you didn't make unless you pay them, this is a clear case of blackmail, which is a criminal offense. In Texas, as in other states, blackmail is taken very seriously and is punishable by law.
Your first step should be... View More
I am from Texas.What can I do to get another court appointed attorney?
answered on Dec 11, 2023
It depends upon the reason you fired your first court appointed attorney. While you have the absolute right to fire your attorney for any reason (good, bad, or indifferent), you are not necessarily entitled to the appointment of a replacement attorney. You will need to demonstrate to the court... View More
So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very... View More
answered on Dec 8, 2023
Unfortunately, the statute of limitations is paused once a case is filed. However, you do have a right to a speedy trial. To avail yourself of that right you need to clear the warrant (this is something that an experienced criminal defense attorney should know how to do in the jurisdiction with the... View More
So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very... View More
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answered on Dec 8, 2023
Discovering an unexpected warrant can be unsettling, especially when it's linked to actions you were not involved in. The first step in addressing this is to contact a lawyer. An attorney can help you understand the specifics of the warrant and advise on the best course of action.
In... View More
My son was convicted of capital murder in Tarrant County earlier this year.
answered on Dec 7, 2023
Your son can appeal pro se or hire a private attorney.
If a court-appointed attorney does not see a good faith basis for an appeal in the trial record, he/she can file what is called an Anders brief. In a famous case (Anders v. California), a court-appointed attorney filed a motion to... View More
My cousin has a court appointed attorney that does not communicate with him or any other member of the family at all. He has been my cousin's court of one of attorney since February of 2023 and my cousin does not feel like his case is getting enough attention. In Texas, is there a way that my... View More
answered on Dec 1, 2023
Your cousin should file a motion with the court for the appointment of a new lawyer setting forth that the one previously appointed by the court has not communicated with him since being appointed in February 2023, and detailing every attempt your cousin has made to communicate with that lawyer... View More
I did 6 yesterday on paper from 2003 to 2009 and I have not got in trouble since then
answered on Dec 1, 2023
In Texas, whether you can have your record sealed (non-disclosure) will depend on whether you received a deferred adjudication, straight conviction, dismissal, etc. and type of charge. If you were convicted of a charge which included family violence that charge will not be eligible for a record... View More
The officer clearly states on video he yanked my husband from the vehicle for being argumentative!
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answered on Nov 29, 2023
Being argumentative, in and of itself, is not a crime. It is protected by the First Amendment right to free speech. However, if an argumentative person becomes disruptive or disorderly, they may be charged with a misdemeanor offense such as disorderly conduct or disturbing the peace.
In... View More
I know it is when money is involved. But bottom line wrong and agents the conversational Rights of the people with a past history of mental health?
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answered on Nov 28, 2023
Gaslighting, which involves manipulating someone into questioning their reality, can be particularly harmful to individuals with mental health conditions like schizophrenia or bipolar depression. While gaslighting in itself is not specifically outlawed, its effects could fall under broader legal... View More
Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More
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answered on Nov 28, 2023
Based on the details provided, this appears to be a potential violation of your Fourth Amendment rights protecting against unreasonable searches and seizures. A few key points:
• Loss prevention personnel and police cannot simply demand to search personal belongings without consent or... View More
Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More
answered on Nov 29, 2023
The shopkeepers' privilege expressly grants an employee the authority of law to detain a customer to investigate the ownership of property in a reasonable manner and for a reasonable period of time if the employee has a reasonable belief that the customer has stolen or is attempting to steal... View More
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answered on Nov 21, 2023
In Texas, first-degree arson is a serious crime that can be punished by life in prison or a term of 5 to 99 years in prison. The specific sentence that your family member will receive will depend on the facts of their case, including the severity of the damage caused by the fire and whether anyone... View More
I thought I was suppose to be indicted within 180 days after I was out on bond
answered on Nov 20, 2023
The statute of limitations for misdemeanor cases in Texas is two years from the date of the alleged offense. For felonies it varies due to the offense but the minimum is three years. If you are in jail for 180 days, however, and no indictment is filed, you can get a personal recognizance bond to... View More
answered on Nov 22, 2023
It depends on the particular facts. If the offense occurred inside a private residence located within a drug-free zone, but the schools were closed due to COVID, you may have a defense under the dfz statute. But, if the offense occurred on the school campus or in a public area within the... View More
When it comes to signing a lease with three roommates and one of them wants to use their father that has the same name as their father for the credit report check. What’s the minimum and maximum offense for that?
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answered on Nov 15, 2023
Using another person's identity to pass a credit check is considered identity theft, a serious crime in Texas. The penalties for identity theft vary depending on the severity of the offense, but they can range from a Class C misdemeanor to a first-degree felony.
Here is a breakdown of... View More
The police didn't have a warrant for my phone. I was supposed to get my phone back the next day, its been 3 and nobody i've talked to knows where my phone is or where I can go to find it. Can the police legally keep my phone as long as they want or do I have the right to get my phone back?
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answered on Nov 13, 2023
In Texas, as a victim in a sexual assault case, you have certain rights regarding your personal property, including your phone. If the police took your phone without a warrant, they may still keep it temporarily if it's considered evidence or relevant to the investigation.
However,... View More
I never touched either of these boys and they will swear to the police that I did not.
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answered on Nov 13, 2023
Do NOT talk to the police without a lawyer. Even if you think you have great proof that you are innocent, they will lie to you and get you talking, etc.
Call a good lawyer and admit nothing. The boys may have made statements to CPS already. Invoke your right to an attorney.
If the... View More
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