Texas Criminal Defense Legal Questions

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444 legal questions have been posted about criminal law by real users in Texas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Texas Criminal Defense Questions & Legal Answers - Page 11
Do you have any Texas Criminal Defense questions page 11 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 444 previously answered Texas Criminal Defense questions.

Recent Legal Answers

Will he get jail time for a felony charge and a probation?

Answered 10 years and 10 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Many things could happen just depending on the charges, the counties he is in, the attitude of the prosecutors, etc. Some times they try to help people get over addiction problems because incarceration just is housing for a short period?of time and will not help. Some times the participants just do not care. He needs a good lawyer. He may need to find another in-patient rehab (especially if he has insurance) - more often than not it takes multiple tries to help someone get over their addiction - and this is even assuming that they want help. (If they don't want help, nothing anyone else does will help them get over their addiction.)... Read More
Many things could happen just depending on the charges, the counties he is in, the attitude of the prosecutors, etc. Some times they try to help... Read More

How can they charge you for manufacturing if you were not manufacturing?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
They call it manufacture / delivery because of the amount - it is more than a personal use amount.??The level of?offense depends on the type of drug but the drug free zone bumps whatever the?charge up one degree.
They call it manufacture / delivery because of the amount - it is more than a personal use amount.??The level of?offense depends on the type of drug... Read More

How long will this man be in jail for the sake of my family's safety?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the garage was part of the house itself (attached), then they may charge?him with burglary of a habitation which is a second degree felony.? The sentence he would get depends on his criminal record but a 2nd degree felony carries from 2 to 20 years in prison. They could charge it as a burglary of a building which is a 3rd degree felony which carries from 2 to 10 years in prison. Theft would be a misdemeanor which would be up to 1 year in jail. You should hear from the prosecutor on the case before the case is settled.? You can express your thoughts to them which they will consider. I would suggest getting a bright floodlight for the driveway and perhaps a camera.?... Read More
If the garage was part of the house itself (attached), then they may charge?him with burglary of a habitation which is a second degree felony.? The... Read More

What is teh Statue of Limitations on sex crime against a minor?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The statute of limitations is life.
The statute of limitations is life.

If CPS calls me claiming to need my address do I have to send it when the report made was false?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
First, how do you know it was CPS?? If they received a report, the report should have included the address - especially if it was the potential babysitter.? Right?? Second, they ought to be able to find your address with no problem - you have a driver's license, don't you?? Third, I have never heard of an investigator asking to have an addresses texted to them.? Fourth, if indeed it was CPS and you have done nothing, then you are in a good position because it seems to be that the person is upset and maybe even has something wrong with them. Children get bruises all the time.? Some can be suspicious but a single instance of someone seeing a bruise on a child does not rise to the level of abuse.? However, if CPS receives a call, they must investigate. If it were me, I would call the number to be sure it is CPS.? I would not text anything to anyone, and I would try to determine over the phone whether it is legitimate or not.? (You can also look up the phone number to CPS in your area to see if it is the same or near the same.)... Read More
First, how do you know it was CPS?? If they received a report, the report should have included the address - especially if it was the potential... Read More

What if the other person does not have a license on the accident?

Answered 10 years and 11 months ago by Thomas Edward Gates (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
No, you will not get more money. If the person has no assets, you may get nothing.
No, you will not get more money. If the person has no assets, you may get nothing.

What is the law regarding lying when she was caught stealing?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
In Texas, 17 is an adult for purposes of criminal law. So, if she was put in adult jail, that was the proper place for her. You can be assured they will figure out her age (if they have not already done so.) Failure to ID (including providing false information) is itself another offense.
In Texas, 17 is an adult for purposes of criminal law. So, if she was put in adult jail, that was the proper place for her. You can be assured they... Read More

What can I do if my grandma wants to press charges on me for stealing?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the police come and take a report, they will want to know who all had access to the watch. If you are the only one, then you will likely be charged. You might want to talk to your friends to see if they did it. If you get charged, you will need to hire a lawyer.
If the police come and take a report, they will want to know who all had access to the watch. If you are the only one, then you will likely be... Read More

What does 'Misdemeanor Reduction Sentence Probated' mean?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Misdemeanor is the level of offense. Reduction means from a greater to a lesser offense. Probated means probation. Putting them together will make sense to the clerk. Call the clerk in the county in which you saw this and they can help you.
Misdemeanor is the level of offense. Reduction means from a greater to a lesser offense. Probated means probation. Putting them together will make... Read More

If I turn myself in on a Class A warrant, what will happen and how long can I be held to appear in court?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can make a no arrest bond - put up the full cash amount or hire a bondsman to put up the percentage and pay their fee. If you do this, you will not sit in jail at all. You should also hire a lawyer before doing this. Depending on the county, you could be held for a couple of weeks before going to court although in larger counties it is generally within 2 days. You could get up to 1 year in jail and up to a $4,000 fine.... Read More
You can make a no arrest bond - put up the full cash amount or hire a bondsman to put up the percentage and pay their fee. If you do this, you will... Read More

Can I legally be arrested for giving a false report if I believed that the incident occurred at the time?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need a lawyer. You do have to have intent in order to commit the offense but you will likely need to have a medical expert to testify that this could have been the effect. In addition, your lawyer will likely want your cell phone records. People frequently get arrested for DWI because they drive after taking Ambien and have no memory of it. Dangerous drug.... Read More
You need a lawyer. You do have to have intent in order to commit the offense but you will likely need to have a medical expert to testify that this... Read More

Can I be charged with child pornography if no evidence was found?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a lawyer now. Because you were not in custody, you were not subject to custodial interrogation thus you did not require that your rights be given to you. YES, you can be charged / indicted. This is very serious. Hire a lawyer immediately.
Hire a lawyer now. Because you were not in custody, you were not subject to custodial interrogation thus you did not require that your rights be... Read More

My brother is getting out on parole, can he be around my son who is an ex-felon and my guns are locked up?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No, he cannot be around guns. (Neither can your son - just asking for him to be a felon in possession.....) And it is highly unlikely that the parole officer would agree that he could live near an ex-con.
No, he cannot be around guns. (Neither can your son - just asking for him to be a felon in possession.....) And it is highly unlikely that the... Read More

Can I go to jail for nonpayment if I served time?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No prosecutor is going to take that case. It is a civil case and if you do not pay and they want to collect, they will have to follow the terms of the contract you signed and / or sue you.
No prosecutor is going to take that case. It is a civil case and if you do not pay and they want to collect, they will have to follow the terms of... Read More

Will a $24 shoplifting charge go on my permanent record?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The letter you are likely to receive is a civil demand letter - not a criminal charge or case. Most lawyers advise people not to pay it because if you do not, and they want to collect, they will have to sue you and the recovery will be less than the expense they will incur. This will not go on any record (although the demand letters will get more strongly worded with greater demands - until they stop.) If you receive a court notice to appear, then you must. It is a class c offense because of the amount involved but if you get convicted, it can ruin your life as it is a crime of moral turpitude. If you get a notice to appear in court, hire a lawyer.... Read More
The letter you are likely to receive is a civil demand letter - not a criminal charge or case. Most lawyers advise people not to pay it because if... Read More

What happens if I plead no contest on my petty theft charges?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to ask the judge for deferred disposition. You do not plead guilty or not guilty. It is a reset with conditions. If you complete the conditions and return to the court as instructed (and do not get arrested in the interim), the case will be dismissed. In the future after you have saved money, you?can hire a lawyer to expunge the entire matter off of your record.... Read More
You need to ask the judge for deferred disposition. You do not plead guilty or not guilty. It is a reset with conditions. If you complete the... Read More

Can you get a ticket for walking down the street and texting/walking on your phone?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you are walking in the street where a sidewalk is provided you can get a ticket.? I guess you might be causing a dangerous situation (however they might word it in a municipal code.)? You could be ticketed if you were blocking a lane of traffic regardless?of whether you are texting or not.... Read More
If you are walking in the street where a sidewalk is provided you can get a ticket.? I guess you might be causing a dangerous situation (however they... Read More

Can you question a minor at school without his parents being present?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is legal in Texas.
It is legal in Texas.

What options do I have or will I be forced to serve jail time due to not paying my court fees?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you had 9 months of probation, then it was not a class c. And, you didn't just fail to pay fees - you didn't do your community service AND you are an absconder - you quit reporting before your probation terminated. What could happen demands on the underlying charge; how you otherwise did on probation; whether you turn yourself in or get arrested; you explanation for not doing the community service - and there is not many decent ones; and whether you pay the money owed up front. You DO need a lawyer who knows the court and can handle the case BEFORE you get arrested.... Read More
If you had 9 months of probation, then it was not a class c. And, you didn't just fail to pay fees - you didn't do your community service AND you... Read More

What do I do if I have been listed on the wanted list for theft? How?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to hire a bondsman and make a no-arrest bond. Then (or before) you need to hire a lawyer to represent you. The lawyer will?have access to all the reports and records related to the charge. If you delay, you could find yourself being arrested?and booked before you can bond.
You need to hire a bondsman and make a no-arrest bond. Then (or before) you need to hire a lawyer to represent you. The lawyer will?have access to... Read More

What are the rights I have when it comes to a bondsman harassing me about something my grandson did?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you signed on the grandson's bond, then they can come after you if he violates the bond. If by "harass" you mean they demand payment, they can do that. And, they can sue you. If you are not on his bond and there is no reason for them to contact you, then you can report them to the local bail bond board.... Read More
If you signed on the grandson's bond, then they can come after you if he violates the bond. If by "harass" you mean they demand payment, they can do... Read More

What can I do if my husband was arrested for a probation violation?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A little hard to help when there are so many unanswered questions but here is a stab. He is apparently on a felony probation and picked up a misdemeanor charge. You believe that his medications provide an excuse for his actions which resulted in the misdemeanor charge. It is unlikely that medications caused someone to commit an offense. Even though he disclosed his new charge to his p.o., his p.o. was obligated to notify the court that he had violated. The court made the decision to file a motion to revoke his probation. Once he goes to court on the revocation motion, the court can?revoke the probation, modify the probation (to add conditions and / or extend it), or just dismiss the allegations of violation and let him continue his probation. He needs a lawyer.... Read More
A little hard to help when there are so many unanswered questions but here is a stab. He is apparently on a felony probation and picked up a... Read More

What happens if my husband was driving my truck under my name, did not stop, run away and got charge with evading arrest?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a lawyer to represent you. The truck may be community property between you and he, and there will be a question of actual ownership if your mother?is on the title just to be a co-signer.
Hire a lawyer to represent you. The truck may be community property between you and he, and there will be a question of actual ownership if your... Read More

What can my son do if he was locked up, have to go to court in another county and since he didn't go, DA put a warrant out for him?

Answered 10 years and 11 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He was obligated to appear in the case in which he was on bond on a date specific. Hire a lawyer and get proof that he was incarcerated on his court date - the judge may reinstate his bond with costs. Otherwise, he will have to post a new bond.
He was obligated to appear in the case in which he was on bond on a date specific. Hire a lawyer and get proof that he was incarcerated on his court... Read More