Texas Criminal Defense Legal Questions

If the plea has already been made there may not be a way to start over, but if the attorney who handled the case did not properly handle the case there may be a chance. If your son has not been before the judge yet, there are several options depending on what county you are in. Dallas and Collin counties may have options available that do not include long reporting and fees. The case may be one that should have a trial depending on the facts and availability of witnesses. Call with details so a more complete answer can be given.... Read More

Yes. An arrest warrant for a criminal case from any state will probably show up during a background check. Growing technology makes it more and more likely. If you have simply ignored a civil traffic penalty, you might be able to solve the problem by paying the fine. You or an attorney should contact the Texas Court to find out (1) If you do have a warrant, and if so, (2) What it will take to clear it up. It isn't going to disappear on its own.... Read More

A deferred adjudication is not a final conviction under Texas law. The record can be sealed after five years have passed from the end of the probation. Most people and agencies won't be able to see it. You should be able to get your probation terminated now as you have served over two thirds of it. Call your attorney or another to ask for help.... Read More

You need to hire an attorney to defend your son. Sticking a finger out of his zipper does not constitute Indecent Exposure. The pocket knife issue presents the possibility of certain statutory defenses (e.g. self defense). If charges have already been accepted against your son, the best thing you can do is hire someone to protect him. Your son's attorney would be able to see whatever evidence the State has against him; they won't release any of it to you.... Read More

You wouldn't get a new ticket for MIC based on a failure to "pay a warrant" for an MIP. You'd need to clear up what happened in order to get a more useful answer. If you get a ticket for an MIP there is usually a court date on it. If you ignored that, and also failed to go in to pay the fine, a warrant would issue for your arrest. The warrant would be for failing to appear on the scheduled court date. We usually refer to those as an "FTA." An FTA is a new citation itself. So, you'd need to contact the court and ask how much it would cost you to pay both tickets. If you go and pay them, that would lift the warrant. Also, you could contact a bond company to get on the bond for the two tickets. Then, you'd be given a new court date, and your attorney could go and negotiate a resolution of the tickets for you. Now, if you were simply cited for the new offense of MIC, the whole thing is somewhat different. But, we need more information to be able to help you understand it. Finally, how does all this impact your weed case? If you go to court for the weed case, and the court finds out you have an open warrant, you'll be taken into custody so that the warrant can be satisfied. If you have been ticketed for a new offense since being placed on bond for the POM, the Judge will have it within his/her discretion to revoke your bond. So, you absolutely need to get the Class C stuff taken care of before you go back to court on the POM.... Read More

There is no conviction for State purposes if you received deferred adjudication. There are some jobs that require you to put down if you were arrested and some federal applications that treat a probation as a conviction. Check with your lawyer about the specifics of the application you are filing. You should also inquire about an order of non-disclosure. ... Read More

Of course, there is no absolute answer to your situation but there are two things you must keep in mind in making your decision:1- You have the right to a hearing where the state has the burden of proving that you violated your conditions. It is not your burden to prove that you didn't.  2- unfortunately their burden is preponderance of the evidence which is much lower than beyond a reasonable doubt. In other words it's easier for them to meet their burden on these type of cases. But they do still have the burden. It sounds like you have done great otherwise, especially on your restitution, it maybe a good idea to leave it up to the judge. That all depends of the judge you have, of course. Good luck, hope the best for you.... Read More