Texas Assault Legal Questions

She cannot appeal just because she regrets her choice. She freely and voluntarily accepted the plea. She could have set her case for trial, but chose to accept the plea agreement. You waive most appeals when you accept a plea agreement. Unless she was threatened with physical harm, or there is proof (in writing or recorded) that she was deceived in order to make her plead guilty, there is no possibility to appeal a plea bargain.... Read More

With respect to your treatment by police, you need an attorney who specilizes in civil rights lawsuits.  I highly recommend S. Lee Merritt.  Mr. Merritt is not only a top-notch attorney, but also a "true believer" and advocate for civil rights.  You may also need a criminal defense attorney with respect to the public intoxication charge.  The failure to read you your Miranda rights means that anything you may have said during a custodial interrogation cannot be used against you in your criminal case.  ... Read More

It does not sound like you sustained any compensable damages during the incident.  If you sustained a bodily injury, you could sue for your medical expenses, lost time from work, and physical pain and suffering.There is a law called the "shopkeeper's privilege" that authorizes a merchant to detain a person suspected of shoplifting to investigate ownership of the property in a reasonable manner for a reasonable time.  ... Read More

Did she have a right to be there? If not, then its a burglary. If she had a right to be there (like if she was an invited guest or lived there), its a criminal mischief. The level of the criminal mischief will depend on the dollar amount of the damages caused. Is the garage attached to your house or in a separate structure? If its part of your house, its burglary of a habitation. If its in a separate building, its burglary of a building.... Read More

Are you a juvenile?  If you are charged as a juvenile it will be a different process. You may still be eligible for probation either way, but the new case - possession of a controlled substance in a drug free zone - is a felony, and more serious. For the best outcome, it would be a good idea to hire an attorney.... Read More

Ordinarily, you cannot sucessfully sue for money merely for being placed in fear of your life as you have suffered no actual compensable damages.  This type of event is something that you should report to law enforcement for criminal prosecution.  Given the lack of any damages, it is highly unlikely that any attorney would waste the time pursuing such a claim on a contingency fee, and most would not take advantage of you by accepting your money on an hourly fee basis pursuing such a claim.  ... Read More

If you want to help him, help him find an attorney to defend him against the charges. Nobody on a free legal forum will be able to tell you something specific you can do to help him any other way. The right attorney can help him beat the case. Nothing you can do by yourself is likely to make that happen.  Good luck. ... Read More

Im not sure what rights you believe could have been violated. Nothing specifically is apparent from your question. The police take a report. They provide the info to the district attorney. In a felony case, the district attorney decides if there is enough evidence to present this evidence to a grand jury.  If the grand jury finds probable cause, theh return an indictment.At trial your son has a right to testify (tell his side of the story). But at this stage, he has no specific "right," to do so. If he wants to put himself in the best position to avoid prison, he should hire an attorney he trusts to defend him in his case.  Good luck.... Read More

If the offense was dismissed without any type of probation, or you were found not guilty at trial, you may be eligible for an expunction. Convictions, and offenses where you completed deffered adjudication probation are not eligible for expungement. You can contact an attorney directly so they can look up your case. Then you will know for sure if it is possible, and the attorney can assist you.... Read More

Yes. They can file any misdemenaor case they believe they have probable cause to support. A grand jury can return an indictment on any charge presented by the district attorney that they find is supported by probable cause. Keep in mind also, that any statue of limitation for a crime is "tolled," or frozen, while a criminal charge is pending against you.... Read More

Multiple parties can be held criminally responsible for a crime (the law of parties). If you assist in the planning, commission, or flight/covering up of a crime, you are equally responsible. The  district attorney can believe all, some, or none of a confession - as could a jury if he is charged. If your husband has been charged with a felony offense, he should hire a lawyer he trusts.  Good luck.... Read More

So the child who was sexually assaulted can institute a legal claim against the homeowner and hold the adult responsible who knew or should've known of the sexual assault on the child, and therefore the action would be grounded in negligence. Insurance companies will cover The negligent party adult who knew or should've known of this conduct but failed to take action to stop it. You can always pursue a claim against the uncle, but homeowners insurance will only cover negligence and not intentional conduct. Most insurance policies have what's called resident relative exclusions, meaning that if the child was visiting the household where the sexual assault occurred, then the insurance company will cover the claim, but if the child actually lived in the residence, then the resident relative exclusion will bar recovery on the child's claim. Any proceeds that are recovered will be placed in a child's annuity and distributed when the child reaches the age of majority. I have done several of these claims, and the language in the homeowners insurance policies will be dispositive of whether the claim can be successful. I am licensed in the state of Florida and the state of Texas.... Read More

Well, unfortunately it is impossible to know what his chances are based on your question. The evidence, facts and circumstances of the allegation will determine what his chances are, as will his decision on what to do about his new case and his parole. For parole violations where people have new criminal charges, they have two situations to deal with: 1) the new case, and 2) the parole revocation. When you are on parole and pick up a new case, parole files a motion to revoke parole (MTR), and a warrant is issued. Once the person is in custody, they will not be getting a bond on the parole violation, and will remain in custody until the parole revocation process is complete. Parole will wait until the new assault case is resolved to proceed with resolving Motion to revoke parole. How the new assault case works out is VERY important in determining what happens with parole after the new case is over. Even if he is not convicted of the new offense, his parole could still be revoked in some circumstances. For example, I represented a gentleman on a parole violation for an assault family violence charge, but this client had a different attorney for the criminal case. His attorney on the criminal case convinced him to plead guilty to the assault family violence, as part of a plea bargain for deferred adjudication. The problem was that this client was in prison, and on parole for, an assault family violence (choking) case. Even though he was not convicted of the new case, he just plead guilty, his parole was revoked and he was sent back to prison. Other clients that I have represented (both for the parole violation and a new assault charge) we have been successul on multiple ocassions getting parole reinstated - where the new criminal charges ended up being dismissed, or the client was found not guilty at trial. If you want to put your husband in the best position to get his parole reinstated, I suggest hiring an attorney that is very familiar with both the criminal court system, and the parole revocation proceedings and process. Good luck.    ... Read More

Aggravated assault with a deadly weapon is a 2nd degree felony. The range of punishment for a 2nd degree felony is 2 to 20 yrs in TDCJ, and a fine up to $10,000. See: https://statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm You can expect that you will have an attorney appointed if you cannot afford one. You do not get to choose your appointed attorney, or ask for a different one if you are not satisfied with their representation. You can expect that your attorney will get a copy of any evidence in your case. Your attorney should review that evidence with you. Typically, the prosecutor makes an offer for a plea bargain in someones case; then, you and your attorney can either negotiate a plea bargain, or choose to either have a punishment hearing in front of the Judge, or set your case for jury trial. Although much has been done to deal with the backlog of cases due to the pandemic, you can expect that you will be dealing with this case for many months; and, if you set your case for trial, it will take some time for it to be your turn for trial (particularly because you are on bond, and in custody defendants typically get priority for trial). Beyond that, every case is different, and there are many variables that will affect what direction your case goes.... Read More

A class C misdemeanor offense in your criminal history is not going to affect whether you are convicted on this case. A conviction for more serious offenses (Class B and higher) can affect your current charge because it can enhance the punishment for the current offense.  However, not true for your situation. You can review how enhancements work under the TX penal code here: https://statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm Around half of the complainants ("victims") of assault family violence recant their report to law enforcement. Due to this fact, the prosecutors don't automatically dismiss cases just because the victim changes their story.There are situations where an affidavit of non-prosecution may be helpful, I just would caution against regarding it as a silver bullet for the defense. ... Read More