Texas Criminal Defense Legal Questions

It depends on what t you admitted to when you wrote the statement. You could be prosecuted but it is possible that it will be handled civilly with restitution. I t is extremely wise for you to be prepared to pay back the loss ($1000) immediately if you get the opportunity. This may not be possible but it would be much less expensive than having to pay it back and still have court fines, court costs, probation fees, attorney fees and a criminal probation and possibly a criminal record. ... Read Answer

It is best for you to consult with a lawyer as quickly as possible. Your statement can be used against you if you admitted to any wrongdoing and you should not talk to anyone without representation. When you say you were accused of filing fraudulent returns for yourself and others I assume you mean tax returns. If so, this is potentially a federal crime and very serious with prison a distinct possibility. Contact me if you have any questions.... Read Answer

In Texas, the State presses the charge, not the original complainant. Once it is filed, in most counties, the D.A. will not dismiss on the request of the complainant (States witness). An assault with family violence is a serious charge the carries lifetime disabilities and if there is a finding of guilt or a probation of any kind it will stay with you till you die.    There are several ways to avoid a conviction in many cases and you should investigate with your lawyer to find the best answer. Some of the problems that are created by a plea to a family violence offense are that you can never own or carry or use a gun and the fact that you have had the case will make even the lowest assault offense into a serious one that will be prosecuted vigorously. There are other effects that are bad.  I hope this helps. Call to let me know if you need legal help in the Dallas-Tarrant-Collin or Denton area.... Read Answer

The dismissal of the DWI has no effect on the filing and prosecution of the drug case. What is important are the facts leading to his being stopped in the first place and how he performed on the field sobriety tests. The concept of "fruits of the poisonous tree" applies to anything found after an arrest without probable cause. Depending on where the case was filed, there may be some type of diversion program to avoid a conviction if a motion to suppress is not sucessful. he does need an attorney if he wants to have a good chance of minimizing or eliminating the consequences carried by the criminal charge. ... Read Answer

Your juvenile record cannot be used against you but one danger you face it that the offense could be refiled as a felony based on the injuries. You may have a defense if you were protecting yourself and used reasonable force. Ask your attorney to advise you about the best course of action to take. I have handled many similar cases and usually they can be resolved without a trial, but not always.... Read Answer

You have a great defense if your son testifies to what happened and is believable. Walmart has videos of everything so there will not be a question of what he did, only why he did it. You will get a chilly reception from the D.A. because of the record but that does not mean you are guilty. I have handled several cases where similar things have happened and we were able to get good results.... Read Answer

If the case is filed you can be arrested and be required to make bond if you are to be released from jail before the case is concluded. From what you wrote it appears the police do not plan to file charges if you do not communicate with the complainant any more. It this is true and you do not call or write or have anyone else communicate with her on your behalf the problem may never come up.  It may be advisable for you to contact a lawyer to monitor filings so that if a case is filed you can make a personal bond with the court to avoid arrest. ... Read Answer

You need to hire an attorney to represent you, ASAP. If the drugs belonged to the other guy, you are obviously not guilty of any new law violation. Based on your history, though, it is fairly unlikely that the DA will believe you. That is very likely a case that will have to be tried to a jury. If your attorney is able to get it dismissed, or get you acquitted, you have a much better shot in front of the Board of Pardons and Parole.... Read Answer

Since he has no money for a lawyer, he shows up without one. I don't know what particular court his case is in. The courts in Harris County generally want to know all about his resources. How did he finance the bond, does he have a cell phone, a car, a savings account, etc. The court will let him know what to do at his next setting.... Read Answer