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 15
Do you have any Texas Criminal Defense questions page 15 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

Filing a false statement can result in criminal charges being brought against you. 
Filing a false statement can result in criminal charges being brought against you. 
It depends on what t you admitted to when you wrote the statement. You could be prosecuted but it is possible that it will be handled civilly with restitution. I t is extremely wise for you to be prepared to pay back the loss ($1000) immediately if you get the opportunity. This may not be possible but it would be much less expensive than having to pay it back and still have court fines, court costs, probation fees, attorney fees and a criminal probation and possibly a criminal record. ... Read More
It depends on what t you admitted to when you wrote the statement. You could be prosecuted but it is possible that it will be handled civilly with... Read More
It is best for you to consult with a lawyer as quickly as possible. Your statement can be used against you if you admitted to any wrongdoing and you should not talk to anyone without representation. When you say you were accused of filing fraudulent returns for yourself and others I assume you mean tax returns. If so, this is potentially a federal crime and very serious with prison a distinct possibility. Contact me if you have any questions.... Read More
It is best for you to consult with a lawyer as quickly as possible. Your statement can be used against you if you admitted to any wrongdoing and you... Read More

Possible Outcome For a First Time Offender With a Misdemeanor Class A?

Answered 11 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Criminal Defense
In Texas, the State presses the charge, not the original complainant. Once it is filed, in most counties, the D.A. will not dismiss on the request of the complainant (States witness). An assault with family violence is a serious charge the carries lifetime disabilities and if there is a finding of guilt or a probation of any kind it will stay with you till you die.    There are several ways to avoid a conviction in many cases and you should investigate with your lawyer to find the best answer. Some of the problems that are created by a plea to a family violence offense are that you can never own or carry or use a gun and the fact that you have had the case will make even the lowest assault offense into a serious one that will be prosecuted vigorously. There are other effects that are bad.  I hope this helps. Call to let me know if you need legal help in the Dallas-Tarrant-Collin or Denton area.... Read More
In Texas, the State presses the charge, not the original complainant. Once it is filed, in most counties, the D.A. will not dismiss on the request of... Read More
The dismissal of the DWI has no effect on the filing and prosecution of the drug case. What is important are the facts leading to his being stopped in the first place and how he performed on the field sobriety tests. The concept of "fruits of the poisonous tree" applies to anything found after an arrest without probable cause. Depending on where the case was filed, there may be some type of diversion program to avoid a conviction if a motion to suppress is not sucessful. he does need an attorney if he wants to have a good chance of minimizing or eliminating the consequences carried by the criminal charge. ... Read More
The dismissal of the DWI has no effect on the filing and prosecution of the drug case. What is important are the facts leading to his being stopped... Read More

what could my defense be for aggravated robbery?

Answered 11 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Criminal Defense
Your defense depends on what happened and you did not explain. Since anything you put in writing might be used against you by a prosecutor it is best if you call so the attorney-client privilege applies.
Your defense depends on what happened and you did not explain. Since anything you put in writing might be used against you by a prosecutor it is best... Read More

do i have the right to view the evidence against me

Answered 11 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   2 Answers   |  Legal Topics: Criminal Defense
There is no problem with the attorney getting discovery to show you, ask him to show you the probable cause affidavit and police report. If this is a felony you can look at the indictment to see what you are charged with, if a misdemeanor look at the Information. Hope this helps.
There is no problem with the attorney getting discovery to show you, ask him to show you the probable cause affidavit and police report. If this is a... Read More
Your juvenile record cannot be used against you but one danger you face it that the offense could be refiled as a felony based on the injuries. You may have a defense if you were protecting yourself and used reasonable force. Ask your attorney to advise you about the best course of action to take. I have handled many similar cases and usually they can be resolved without a trial, but not always.... Read More
Your juvenile record cannot be used against you but one danger you face it that the offense could be refiled as a felony based on the injuries. You... Read More

Will I go to jail?

Answered 11 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Criminal Defense
You have a great defense if your son testifies to what happened and is believable. Walmart has videos of everything so there will not be a question of what he did, only why he did it. You will get a chilly reception from the D.A. because of the record but that does not mean you are guilty. I have handled several cases where similar things have happened and we were able to get good results.... Read More
You have a great defense if your son testifies to what happened and is believable. Walmart has videos of everything so there will not be a question... Read More

Possible harassment charge

Answered 11 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Criminal Defense
If the case is filed you can be arrested and be required to make bond if you are to be released from jail before the case is concluded. From what you wrote it appears the police do not plan to file charges if you do not communicate with the complainant any more. It this is true and you do not call or write or have anyone else communicate with her on your behalf the problem may never come up.  It may be advisable for you to contact a lawyer to monitor filings so that if a case is filed you can make a personal bond with the court to avoid arrest. ... Read More
If the case is filed you can be arrested and be required to make bond if you are to be released from jail before the case is concluded. From what you... Read More
Even though it is not against the law, contact with the defendant is possibly dangerous to you. It is best to work through the State (prosecutor) or your civil attorney if you are going to sue him
Even though it is not against the law, contact with the defendant is possibly dangerous to you. It is best to work through the State (prosecutor) or... Read More

Should I just turn myself in?

Answered 11 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Criminal Defense
Depending on the offense, you may have enough income to retain an attorney. It would best if possible to arrange your turn in with the court and this can be done by the attorney you choose.
Depending on the offense, you may have enough income to retain an attorney. It would best if possible to arrange your turn in with the court and this... Read More

Aggregative assault w/deadly weapon and deadly conduct

Answered 11 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Criminal Defense
Call with details of the situation. I can't tell what you need from the posting. 
Call with details of the situation. I can't tell what you need from the posting. 

IF I FAIL ON PRE TRIAL WILL THEY SET ANOTHER COURT DATE

Answered 11 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Criminal Defense
Another court date will be set but you may need to make a new bond. If you have an attorney who you trust, have him/her check with the court for the procedure to be followed to avoid arest.
Another court date will be set but you may need to make a new bond. If you have an attorney who you trust, have him/her check with the court for the... Read More

I just got charged with my second possession of a controlled substance and want to know if im screwed???

Answered 11 years and 11 months ago by Mr. Richard Keith Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to hire an attorney to represent you, ASAP. If the drugs belonged to the other guy, you are obviously not guilty of any new law violation. Based on your history, though, it is fairly unlikely that the DA will believe you. That is very likely a case that will have to be tried to a jury. If your attorney is able to get it dismissed, or get you acquitted, you have a much better shot in front of the Board of Pardons and Parole.... Read More
You need to hire an attorney to represent you, ASAP. If the drugs belonged to the other guy, you are obviously not guilty of any new law violation.... Read More
The answer is yes, the deportation can be stopped. He should not be in immigration custody until after the criminal case is concluded. Then he can be defended so he can stay in the U.S.
The answer is yes, the deportation can be stopped. He should not be in immigration custody until after the criminal case is concluded. Then he can be... Read More

Was it fair for my employer to terminate me under theft and can it be under another reason less damaging for future hire?

Answered 11 years and 11 months ago by Bruce A. Coane (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is possible that by hiring a lawyer who does employment law every day, such as myself, that you might be able to get some justice.
It is possible that by hiring a lawyer who does employment law every day, such as myself, that you might be able to get some justice.
The answer is that it is up to the judge. You are able to ask for bond but if granted the terms will most likely be very restrictive with frequent drug testing. Your lawyer should be able to get you a bond hearing to determine the terms of a bond. 
The answer is that it is up to the judge. You are able to ask for bond but if granted the terms will most likely be very restrictive with frequent... Read More

who can represent a minor in court in Texas for a class c misdemeanor

Answered 11 years and 11 months ago by Anthony S. Simpson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Only an attorney licensed and admitted in Texas should represent anyone in court, especially a juvenile.  
Only an attorney licensed and admitted in Texas should represent anyone in court, especially a juvenile.  

How do I get the warrant for not paying a speeding ticket revoked and fine paid without an attorney?

Answered 11 years and 11 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Satisfy Missouri court now. Get Missouri court to notify all Non-resident Violator Compact authorities that the reason for the hold has been resolved. You get proof of resolution from Missouri court and show it to Texas DPS before 4/27.
Satisfy Missouri court now. Get Missouri court to notify all Non-resident Violator Compact authorities that the reason for the hold has been... Read More

What can happen if I am caught with marijuana?

Answered 11 years and 11 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Retain a knowledgeable local criminal lawyer. A conviction stays on your record forever, and results in a drivers license suspension. There are ways to avoid a conviction and seal/expunge a record of this matter, even if you are guilty in fact.
Retain a knowledgeable local criminal lawyer. A conviction stays on your record forever, and results in a drivers license suspension. There are ways... Read More

Is he allowed to appear without an attorney if the letter does not state he needs an attorney at the hearing?

Answered 11 years and 11 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Since he has no money for a lawyer, he shows up without one. I don't know what particular court his case is in. The courts in Harris County generally want to know all about his resources. How did he finance the bond, does he have a cell phone, a car, a savings account, etc. The court will let him know what to do at his next setting.... Read More
Since he has no money for a lawyer, he shows up without one. I don't know what particular court his case is in. The courts in Harris County generally... Read More
He will be extradited to Texas. he may be able to get a bond there but he will have to come here even if he makes the bond. His case will be served in Texas and he needs a Texas lawyer if possible. Call if you need help in the Dallas area.
He will be extradited to Texas. he may be able to get a bond there but he will have to come here even if he makes the bond. His case will be served... Read More

Will I be put in jail?

Answered 12 years ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Criminal Defense
There is a good chance that something can be worked out to avoid the imposition of jail time for the violation. You need a lawyer to speak to probation, the DA and the judge. 
There is a good chance that something can be worked out to avoid the imposition of jail time for the violation. You need a lawyer to speak to... Read More

warrant for false accusations

Answered 12 years ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Criminal Defense
The answer is you need an attorney in your county or nearby to help you. He can make the contacts necessary for you.You will need to make a bond before the charges can be dealt with. Unfortunately there is no easy way to deal with false accusations once the State has picked up the charge.
The answer is you need an attorney in your county or nearby to help you. He can make the contacts necessary for you.You will need to make a bond... Read More