Texas Criminal Defense Legal Questions

If you made bond your arraignment date will likely result in your case being reset to hire an attorney. If you want a court appointed lawyer you will need to apply for one when you get to court. The judge will ask you to fill out a financial affidavit and then use that to determine whether you are indigent and thus qualify for court appointed counsel. The judge may call you up to the bench and have the prosecutor read a brief synopsis of the facts of your case in order to determine whether probable cause exists to continue with your prosecution. She will also read you your statutory and constitutional rights at that time. It is important that you make no statement at all during this time. Remember that there will be a prosecutor writing down everything you say in order to use it against you later.... Read More

Yes, the other person could sign an affidavit. Unfortunately the state could still pursue the case against the person originally charged. The standard for possession is care, custody and control. If the state believes that they can still prove care custody and control they will not necessarily drop the charges. You should speak with a local criminal defense attorney to get more specific advice.... Read More

If you pled guilty to the Class C and were finally convicted, you cannot expunge that offense. However, if you plead guilty to the Class C, and were given deferred adjudication, you may be able to expunge that. The felony charge is trickier. Basically, it depends on how the case was handled procedurally. If the State dismissed the felony indictment (or information depending upon where it was in the process) and refiled a Class C Assault, you should be able to expunge the felony filing, generally. Beware, Art. 55.01 places certain limitations on eligibility based on the charge. So, Assault-FV may be excluded. So, if the original case was dismissed and it was refiled, you should call an attorney to pursue it further.  If you simply plead to a reduced Class C offense under the original felony cause number, you will likely not be able to expunge it. Nondisclosure only applies in cases where you were given deferred adjudication, and successfully completed it.... Read More

If he was arrested and subsequently bonded out, the indictment will not affect his pretrial release. In other words, if he's bonded out once, he's good. Whether he is allowed to leave the area depends on two things: (1) the bond company; and, (2) the court in which his case is pending. Call the bond company first, or look at his bond paperwork. If there is a travel restriction it should be noted there. Then, check any paperwork he received from the jail or court. Many courts will impose conditions of pretrial release. One of those may well be a travel restriction.  If the computers are being held by authorities they are considered evidence. As such, you will not be given access to them. The only person who will be given access to those would be your son's attorney (with a signed court order).... Read More

She can hire a lawyer to fight both cases. One case will be the motion to revoke her probation. The other will be the new law violation; likely an Assault-Bodily Injury. Depending upon where the case is pending, she may be put into a position where her attorney has to get prepared for a hearing on the motion to revoke first. If not, aggressively attacking the new case may help the motion to revoke go away. There's a lot that can be done on her behalf, if she was indeed defending herslelf in this situation.... Read More

It will be necessary for your attorney to raise the issue of the statute of limitations. There are some situations where there limits are tolled and that situation may apply to you. If you have already gone to trial and the issue was not raised, you may have an issue of the competence to the representation you received. If this is the case, a writ of habeas corpus may be useful.... Read More

First thing you should do is to hire an attorney and see if the case can be beaten. If you take that deal you'll have a conviction on your record, and you'll still be out the restitution. The better idea is to have someone go in and investigate the State's case and/or negotiate a deal that ensures you don't end up with a conviction on your record.... Read More

It depends. If your daughter knew what the "thief" was doing in the store, then she can be charged as a party to the offense, which means she would be every bit as culpable as the actual thief. Her best defense is that she had no clue what the person was doing in the store. Also, since the case is a Class C ticket, she may have other options available to ensure it doesn't become a permanent conviction on her record.... Read More

The charge itself is a Class B misdemeanor. It carries a range of punishment of up to 6 months in jail and/or a $2,000 fine. There are a lot of issues a good criminal defense attorney can look into to determine whether the cops have a good case or not. If not, then it's possible the case could be dismissed, or defeated in trial. However, if they have a good case against your son, there are still options available to him to ensure he (a) does not go do jail; and (b) does not end up with a permanent conviction on his record. You just need to make sure he hires a good attorney who will do a proper investigation, and fight for him if need be.  ... Read More

The charge is very serious and it is necessary to defend yourself before considering any action against the complainant. The D.A. cannot represent both parties against the other. The general rule is that one or the other is going to jail. If you say you do not wish to press charges you will be arrested and charged. Please call if you are in the north Texas area for advice on how to proceed.... Read More

Likely, what you would be charged with is criminal mischief. That charge can be a misdemeanor or a felony. The cost to fix the damage will determine whether the case is filed as a misdemeanor or felony. A Class B misdemeanor carries with it a range of punishment of up to 6 months in jail. A Class A carries a range of punishment of up to 1 year in jail. A State Jail Felony is 6 months, up to 2 years. A 3rd degree felony can be anywhere from 2 to 10 years in prison. There are likely a lot of facts and circumstances that would allow you to avoid serious jail time. However, you need to hire an attorney, and that attorney will need much more information, both about you, and the situation, in order to better guide you.... Read More