Texas Criminal Defense Legal Questions

It depends. If you have not previously filed a writ of habeas corpus, there is at least a chance you can pursue one alleging newly discovered evidence. It's more complicated than that, though. It's a long and expensive process to do it correctly. But, if you have "new" evidence, it is at least worth sitting down with a writ lawyer to discuss it.... Read Answer

What you have is a defense. If they state decides not to drop your case, then you have a choice of demanding a jury trial where the state must prove that you had care, custody, and control of the drugs. Drug cases are very fact sensitive. You should speak to a local criminal defense attorney. There are rarely guarantees in anything, especially criminal law. No attorney should guarantee you a dismissal, as they do not yet have all the facts. Good luck.... Read Answer

You need to be more specific in order for any of us to answer your question. But, based on what you've provided, I'll take a stab at it. From the sound of it you were initially charged with DWI. Then, it sounds like they agreed to dismiss the DWI and re-file it as Reckless Driving. Then, it sounds like they agreed to a punishment of 90 deferred disposition.  If the above is true you do not have a conviction for any criminal offense.  So, the answer to your question is this: what you must disclose depends on the question asked. 1. If you are asked whether you have been arrested for any offense (Class C or higher), the answer is and must be yes. 2. If you are asked whether you have been convicted of any offense (Class C or higher), the answer is no. I cannot imagine you would have any issues getitng your notary renewal in light of these circumstances.... Read Answer

Assuming your friend had permission, it will not likely stick as a burglary charge. Burglary is basically trespassing with the intent to commit another crime such as an assault or a theft. You should consult with a local criminal defense attorney. Criminal defense attorneys usually offer a free 20 to 30 minute consultation. Good luck.... Read Answer

Any crime that you were found guilty of, yes even a no contest plea, remains on your record forever. Crimes do not just drop off your record. You must petition the court for an expungement, if you are eligible, to erase the PI. You should consult with a local criminal defense attorney to determine wether you qualify for an expungement. Good luck.... Read Answer

Your options are to hire an attorney, if you can afford an attorney, or ask the court to appoint you an attorney to represent you. The option for a public defender is not an automatic option. You should have representation. This is a crime of moral turpitude and will haunt you for the rest of your life if you do not handle it correctly. No one wants to hire a thief. Consult with a local criminal defense attorney, most provide a free consultation for these types of crimes. Good luck.... Read Answer

It depends on the County in which the case is pending. In more rural Counties it could take several months for the courts to assign the case and give him a court date. If you're in a bigger County that process is usually much faster. The investigation that was done by police that led to charges being filed has already been mostly, if not entirely, completed. All the police need is probable cause in order to get an arrest. Nevertheless, often they will complete their investigation before referring the case to the DA. Other than court settings, the only thing that really matters is the investigation being conducted by the defense attorney. The scope of that investigation will largely depend, in my opinion, on whether your BF has admitted guilt, or is maintaining his innocence. These are really tough cases. If he can pull together the resources to hire an attorney and an investigator to aid in that investigation, he really, really should. ... Read Answer

The statute of limitations is generally five years but if the case was filed prior to the expiration on of the S/L it has not been exceeded. We can help if the case is in the Dallas-Ft. Worth area or, if not, you should hire an attorney in your area to defend you. A case that old is difficult for the district attorney to take to trial so you have a good chance of being found not guilty. Being a Canadian citizen, there are serious immigration issues raised if you are convicted. ... Read Answer

My suggestion is that you seek local legal help so the pleadings can be prepared that deal with your facts. There is no form that will do that safely. You are correct that there will need to be a Motion filed and an order prepared. It is not complicated for any family attorney and the cost should be modest.... Read Answer

Different counties have different rules. To be safe, contact your probation officer and ask. In most counties in Texas the probation officer assigned to the court can answer your questions if your field officer will not help. If you hire a lawyer he or she should be able to get the answer for you very quickly.... Read Answer

Based on what you wrote, it appears you are the listed complainant. What you can do to help him is hire the best attorney you can afford to hire. Additionally, you are free to call or go the DA's office, and try to explain it to them. But, beware: if you do not have a complete understanding of the law as it relates to assault, you may do more harm than good by speaking to the DA's office. In my experience, complainant's who try to talk the DA in to dismissing an already-accepted charge are often manipulated into confirming the allegations, which will undermine your attempt to get the case dismissed. So, like I said, you need to be very careful. If you want to be safe and smart, help him find a good lawyer, and the three of you can discuss the facts of the case, the law, and the best way to proceed, in light of all three. ... Read Answer

Contact a bond company. Ask them what the bond would typically be for a State Jail Felony Theft. Ask them what the typical fee would be for the typical bond. Make sure you have at least that much money set aside. Ask the bond agent if they will do a "no-arrest walk-through." If not, keep calling around (if the jail doesn't allow walk-throughs you are going to be SOL on this point; but sometimes a particular bond company just doesn't want to deal with them; you may also call the jail and ask whether it is common for people to do walk-throughs). Ask the bond company to check to see if there is a warrant out for your arrest. If not, call them back every day and ask them to check for warrants. After a month or so, maybe call them every other day or once a week.  You should think about getting an attorney as soon as your name is connected to suspected criminal activity. But, if you cannot afford to hire one yet, at least be prepared to hire someone immediately after you bond out.... Read Answer

The best advice is for you guys to hire the best attorney you can afford. Showing the cops your bank statements isn't going to be enough to convince them you didn't participte in the theft. There are some other angles worth pursuing, but you want those to be explored by and through your attorney. ... Read Answer

Right now it's going to show that you have an active arrest warrant and that you have an open and pending case for the public intoxication case. Signing the paperwork for deferred disposition does not end the case. Basically, the case is put on pause while you complete the terms and conditions of the deal. If you don't complete the terms and conditions, the judge issues a summons for you to appear in court and show casue why you shouldn't be adudicated and found guilty. If you don't respond to that a warrant will issue for your arrest. It sounds like that is the posture of your case. You need to hire an attorney to get that worked out for you. You'll have to pay a bond fee so that the warrant can be lifted. Your attorney can direct you to a bonsman or you can find one on your own. Once the warrant is lifted the court will place you on the docket. Once you're on the docket your attorney can go to court and speak to the DA about the case. At that point they'll either work out another deferred (if the judge will allow it at this point) or a conviction.  As an aside, if you have successfully completed the deferred, you would not have a conviction. ... Read Answer