Texas Criminal Defense Legal Questions

You should seek the advice of an appellate attorney who does federal appeals.  It sounds like this just occurred, the decision by the 9th Circuit Court of Appeals just occurred.  There are deadlines so make sure you seek the advice of an attorney so that they can give notice of appeal to protect your son's ability to appeal.  DO NOT DELAY as there are strict timetables for the right to appeal. Good luck...    ... Read Answer

It is doubtful that he can appeal. But, he may be able to pursue a writ of habeas corpus. Make sure he doesn't try to file one on his own, though. I see inmate writs all the time. Often, they are able to identify and articulate valid legal arguments. However, they do not understand procedure and, most important, how to create a record upon which to base the argument. Writs are a one-shot deal. If he files one on his own and loses (becuase of procedural default) he will not have another opportunity to file the writ, even with the help of an attorney.... Read Answer

Merely having possession of the phone is by no means enough evidence to establish probable cause for an indictment, even if the phone was stolen.  Your fiance needs to call a criminal defense lawyer who knows the area in which he is charged.  Many of us offer free consultations.  Call a few lawyers, then hire the one you trust.... Read Answer

First off, I'm sorry you've found yourself in this situation.  Secondly, the unfortunate answer is yes. I've represented many people who have used identifying information, credit cards, or checks with the permission of the owner of the information, just to have them turn around and call the police.  What's even worse is if the person using the checks had some sort of misunderstanding as to what extent the permission went.  We're usually able to fix the situation, but not after a long, drawn-out, and scary court process.  Your first course of action needs to be to get an excellent criminal defense lawyer familiar with fraud and white collar crime issues.  ESPECIALLY in these types of cases, it is important to get a lawyer involved BEFORE a charging decision is made by the district attorney.  In your case, that means right now.  Many of us will offer you a free consultation and meeting about your case.  Get in touch with a lawyer or two, meet with them, then hire the one you best believe can help you through this mess.  Hope I helped, best of luck. Regards, Cordt Akers Criminal Defense Lawyer (713) 426-2244... Read Answer

First off, I'm sorry you find yourself in this situation.  It's always hard when a family member gets in trouble.  Unfortunately, all the police need to CHARGE someone is one witness (the 'victim,' in this case).  But for a CONVICTION, the standard becomes much higher: beyond a reasonable doubt.  You need to find your son an aggressive and trial-ready criminal defense lawyer who can point out the problems with the State's case against your son.  Many of us offer free consultations.  Call a few lawyers, meet with them, then hire the one you believe can help your son.  Good luck, hope I helped!   Cordt Akers Criminal Defense Lawyer (713) 426-2244... Read Answer

First off, you did the right thing by not talking to the police.  You also did the right thing by not testifying before the grand jury.  Grand juries routinely will meet multiple times on the same case to discuss the "ins and outs" of whether probable cause exists.  Sexual assault, as I'm sure you know, is an INCREDIBLY serious offense and carries huge consequences.  The one thing you need to be worrying about right now is hiring a lawyer.  A criminal defense lawyer, and one that has had success with getting grand jury 'no-bills' on sexual assault cases.  Every sex-assault case I've handled that has been no-billed has been due to the grand jury packet I put together with my client.  Getting your side of the story there is of paramount importance, and there are ways to do it without subjecting yourself to rigorous cross-examination by the district attorneys office.  Find the best criminal defense attorney you can, meet with them, and hire them to get to work immediately on your case.  Time is very important here.  Good luck, hope I helped!   Cordt Akers Criminal Defense Lawyer (713) 426-2244... Read Answer

If you have lost faith in your lawyer and don't believe they have your best interests at heart, then you absolutely have the right to seek a new one.  Make absolutely sure you have a lawyer you can trust, especially if pursuing an education is a dream of yours.  Do whatever you can to protect your record, don't just take the easy way out with a fine.  Many lawyers offer free consultations.  Call a few lawyers, meet with them and explain the situation, and then if you think it's the right move, hire a new one.  Hope I helped, good luck!... Read Answer

If the DA's have #1. no victim, and #2 no weapon, then 2 years in prison doesn't sound like a good deal at all.  Make sure a good criminal defense lawyer is there to advise you properly.  If trial is the best option, then you'd better make damn sure your lawyer is a great trial lawyer as well.... Read Answer

No. Anything the government does to intentionally elicit a confession, or any other information for that matter, is illegal once the 6th amendment right to counsel comes in if and only if the person can be classified as an agent of the government.  Now 'agent' of the government does not mean police officer, does not mean FBI, it means anyone doing what the government tells them to do for a particular purpose.  Hope I helped, good luck!... Read Answer

First off, I'm sorry this happened to you.  That sounds like a very difficult situation.  You need to get in touch with a highly reputable and aggressive criminal defense lawyer in town.  Aggravated robbery is a first degree felony, capable of putting you in prison for life.  This is not the time to just get a cheap lawyer to save some money...this is an investment in your life and your future.  Many of us lawyers offer free consultations.  Call a few lawyers, meet up, and then hire the one you think can get you out of trouble.  Hope I helped, good luck!... Read Answer

Take advantage of the resources of the facility. Do not concern yourself with any criminal charges at this time. There are probably no charges since you did not wake up in jail. Focus on the underlying causes of why you drink to the point you don't remember (blackout drinking). Be open-minded. Listen for the similarities to your situation, not the differences. This will happen again, perhaps with criminal charges, if you are not ready to listen and make some personal changes now.... Read Answer