Texas Criminal Defense Legal Questions

If you file the appeal within 30 days of the revocation you may be able to appeal the judge's decision to revoke the probation. If you are outside of the 30 day window in which to perfect (i.e. timely file) an appeal, you might be able to gain relief for this person by hiring an attorney to file a writ of habeas corpus. ... Read More

In order to find out what happened you'll need some more specific information. No case is "sealed," automatically. So, if you didn't pay a fee that included the cost to file a Petition to Expunge (if the case was dismissed) or a Petition of Non-Disclosure (if the case was dismissed after you successfully completed a deferred probation) it likely isn't sealed. If either of the above resolutions were what actually happened with your case, you may be able to pursue them now. But, we need more information to be able to tell you exactly what has happened, and what your current options are.... Read More

In my opinion, your best bet is to consult with an attorney about the potential for success if you file and pursue a writ of habeas corpus. Typically, these cases will involve two fees: (1) a fee to pay for an investigation into the case to determine whether a colorable issue exists that would support the filing of a writ; and (2) the fee for the writ and the hearing. There are some additional steps in the process if you choose to appeal it further up the appellate ladder. It's an expensive remedy to pursue, but it's probably your only option at this point, in my opinion.... Read More

You won't be able to get that case expunged, since it was only dismissed after successful completion of deferred probation. What you need to be looking in to is whether you can get the offense sealed. The vehicle to accomplish that is called a Petition for Non-Disclosure. You'll want to speak to an attorney before proceeding, in my opinion. First, you need to discuss with the attorney who it is you are trying to prevent from seeing the arrest records, and whether a sealing order will accomplish that goal. Second, you need to find out whether your specific offense is subject to a limitations period or whether eligible, at all. ... Read More

You need to know how the case was resolved before you can properly answer the question. Go to the County Clerk's office for the County where you were charged. Call or go in person and ask them how to get a copy of your criminal background. When you get it, see whether it was in fact a successfully completed deferred probation. An adjudication would mean that you did not successfully complete the deferred probation. If you were adjudicated, then you have a conviction. If you successfully completed the deferred probation, then you do not have a conviction.... Read More

It probably depends on where he is. If he's already bonded out of jail and the "magistrate court" is simply his first appearance in the County court, you can probably be there (some courts will empty a courtroom during busy dockets so that there is room for the defendants). If he's in a big County like Harris County, magistration is usually done by video teleconference with inmates who haven't been released yet.  Fear not, though. Magistration suggests he is at the beginning of the process. The best thing to do is to hire him as good of an attorney as you can afford. Speeding is a legit reason to be pulled over. But, that doesn't automatically give an officer the right to search a person's car. If the search and seizure are legit, there are resolutions available in most places for those who have no priors, that will allow him to avoid a conviction.  ... Read More

Winning an appeal is like hitting the 'reset' button on your Nintendo. Instead of going off to prison for 3 years, you go back to the beginning of the process. Procedurally, it's as if you were arrested a few days ago, and just bonded out. Typically, appellate reversals are issue-based; not charge-based. In other words, once you win the appeal, and the case is remanded back to the original trial court, the DA's office can happily retry the case. All they have to do is avoid whatever it was that got the case overturned on appeal in the first place. The fact that you won the appeal doesn't mean the DA's office cannot retry you for the same offense, or a lesser-included offense. If you don't want to do probation on a lesser, you need to prepare to go to trial, argue it to a jury, and hope they agree (or have a reasonable doubt as to whether the State's evidence convinces them BRD that you did not in fact act in self-defense). ... Read More

The pen would be considered paraphernalia, which could get you a ticket for a Class C offense (Possessionof Drug Paraphernalia). It is conceivable that, once they determine it is an implement used for smoking pot, that you could have a citation issued to you through the mail. If that happens, go to court and ask for a deferred disposition. If they say no, hire an attorney. Your bigger concern is the Class B case. ... Read More

Not knowing anything about your case, your public defender probably will not file a motion to dismiss because they believe that there is no basis evidentiary wise to support such a fiing.  If you believe evidence was obtained illegally, i.e., without a warrant for instance, then talk to them about that. There are times that a plea bargain can be in your best interests.  If you want to contest your case factually or based on the evidence, then your public defender is right--a jury trial could be a way to resolve your case if you feel that strong about your innocense. I encourage you to talk to your lawyer about your frustrations regarding your case.  I'm confident they will be able to explain it to you to your satisfaction.... Read More

When a person violates the terms and/or conditions of probation, then the state of Texas can move to revoke their probation, and ask that they be sent to prison.  Further, if they commit a crime in one county, they can be prosecuted in that county.  Sometimes they can be prosecuted or their crime can be considered in another county by the prosecution. The fact that he turned himself in does not stop him from being prosecuted for the crime(s) he committed in the other county.  Venue (where the crime was committed) is the county where a part or all of the crime(s) were committed.... Read More

The State hears recantations all the time from complainants in assault cases. They could charge you with false report but at least in most counties, they will not. Their theory is your new story is a lie and it is being made up because you have been victimized. Even if you recant, most times, they will still pursue charges.... Read More

38.04. EVADING ARREST OR DETENTION. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him. (b) An offense under this section is a Class B misdemeanor, except that the offense is: (1) a state jail felony if the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section; (2) a felony of the third degree if: (A) the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section; or (B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or (3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.... Read More