Texas Criminal Defense Legal Questions

It will be up to your boyfriend to fire her because she represents him (even though you paid the fee.) And, it is likely she is going to refuse to return the retainer fee. He can send her a letter firing her and telling her to return the money to you. He should detail what he knows she has done and not done (including lying to the court about visiting him.) If she refuses to return the money, then he / you can file a complaint with the State Bar. They may, or may not, agree with you. And, if she has done anything (which she has - she went to court), then she can deduct from the retainer for the work she has done.... Read More

You could receive a citation (ticket) in the mail but more likely you will receive a notice to appear in a county level court. Do not ignore this letter or a warrant will issue for your arrest. It is a class B misdemeanor offense based on the information you provided. You will need a lawyer. And, you do not want to take a final conviction as theft is a crime of moral turpitude. You will also likely receive a demand letter from a lawyer who represents the store. It is a civil demand which is separate from a criminal charge. If you do not pay it, then they would have to sue you to recover (and it would cost them more than they could recover.) Whether you pay it or not, it will not affect your criminal case.... Read More

In general, if you have been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under 42.12 of the Texas Code of Criminal Procedure, unless the offense is a Class C misdemeanor. You would need to consult with an attorney to file the proper motion and determine if you are entitled to expunction.  ... Read More

You cannot clear a driving record of legitimate convictions. You can only prevent the conviction in the first place. Consulting with a traffic lawyer is a good idea. If all 20 convictions you mention involved offense dates after August 31, 2003, you incurred $15,000 in surcharges over and above the court costs and fines for each violation. An occupational driver license can give you legal driving privileges to prevent future violations while you work your way out from under this burden. Other than paying off surcharges, you might qualify for the indigency program to reduce your surcharge obligation.... Read More

I recently had a case very similiar.  It depends on a few factors.  Texas Penal Code Section 38.04 and 541.201 of the Texas Transportation Code are probably what will apply: however, I would encourage you to see the advice of an Attorney who does criminal law as it can be a felony under certain circumstances for evading arrest for being on a four wheeler and "running from the police" so to speak. Also, do not allow your son to explain, talk, text, email or use social media regarding what did or did not happen! Anything he says can and will be used against him given the right circumstances. Get your son to a lawyer. Hope this helps.... Read More

It is unclear your case status. The judge does not control the charge or reductions - the prosecutor does. Did you already plead guilty or are you taking the class on an agreement from the prosecutor to dismiss or on the hope of a dismissal. If you don't have an agreement then you nor your lawyer can force a dismissal. Sounds like it is time to get a second opinion.... Read More

Is this a serious question? On first blush, he is highly likely to go to prison. There are some circumstances that could make that not happen depending on why he quit reporting; what he has been doing with his life in the interim; the type of case for which he was on probation; etc. He enhances his chances of a lighter sentence by turning himself in (after hiring a lawyer.)... Read More

It sounds like you were stopped for speeding, they ran your record, and must have asked for consent to search your vehicle and found a controlled substance without a prescription to that controlled substance. Once you are stopped for reasonable suspicion, then further investigation can be warranted. You may wish to seek the advice of the attorney you previously hired with which you are on probation for.  I have concerns that this new arrest may be used to revoke your current probation.  Get to an attorney as soon as you can to discuss this matter.  ... Read More

There are various issues that arise when a person is arrested.  It will be necessary for you to retain an attorney for your daughter.  I would encourage you to not allow your daughter to explain anything to anyone OTHER than her attorney.  This includes her parents, grandparents, ANYONE.  There are legal reasons for this advice. Get her to an attorney as soon  Delivery of a controlled substance can be charged if the fact pattern fits the circumstances...proving it may be a whole other matter. I encourage you to make an appointment with a trial lawyer who does criminal law and has experience in handling these types of cases.  This charge could potentially be a felony.  ... Read More

Usually in Texas, suspects are arrested, not ticketed, for possession of marijuana. There is a recent procedure in Harris County bypassing the arrest involving only certain police agencies. "Paying" a "ticket" is a permanent conviction. Maybe you have a possession of paraphernalia, which is usually ticketed and is always in a lower court (either a municipal or Justice of the Peace court).... Read More