Texas Criminal Defense Legal Questions

You need an attorney, period.  Please consult with an attorney in the area you live and get some legal representation and advice.  Too many things can happen that can become a real problem.  You will end up waiving various rights you have and making your circumstances more complex.  Even if you have not done anything wrong, you are now being investigated, questioned and consulting with a law enforcement agency.  They have a job to do and are doing it. You need a lawyer to help you navigate this situation. Good luck. Get an attorney to help you.... Read More

I had a case in another state that was similiar when a septic system was not installed correctly causing an electrical short and fire and killing an occupant of the home.  I represented the children of the decendent and the surviving spouse.  In order to understand the case a lawyer would need to interview the various witnesses and the decendent's family to determine how and if they could help. I would recommend that the decedent's family contact an attorney who deals in these types of cases in order to determine if they can help the family from a legal perspective for their loss of their loved one.  There are rules about when a case must be brought or you lose the right to do so.  I would encourage you to contact an attorney and schedule an appointment.  Typically, attorneys in this type of case do a free consultation.  I'm sorry for your loss.... Read More

The warrants are for class C misdemeanors such as a traffic tickets. Contact a criminal defense attorney that specializes in class C misdemeanors, they deal in volume and tend to offer reasonable fees. If it is not you, then you definitely should contact the municipal court to clear up the mistake.... Read More

I agree with Kenneth, your life is not over.  Take a deep breath and get an attorney who does criminal work in Brazos County.  Make sure you are clear with the lawyer what it is you are trying to accomplish.  But please keep this in persepective.  I know it feels like your life is over--it is not!  Your options depend on the facts of the case, the alleged evidence the State has regarding this matter and whether or not the State can prove beyond a reasonable doubt each and every element of the offense.  Make sure you know the difference between expungement and non-disclosure.  And whether given your particular circumstances you can even consider disposing of your case via plea bargain or via bench or jury trial.  Do not presume now what you will or will not do.  You need legal advice and you need it sooner than later.  I assure you it will take some of the stress off of your life.  Again, your life is not over!  Don't give up...  ... Read More

This is serious enough to get legal advice immediately, in person. The course of action depends on what the has been filed against him and what you mean by deferred action. You need a lawyer in your county to consult with as the answers depend on the rules followed by the judge and district attorney.... Read More

If it's a conviction it cannot be sealed or expunged. If you got deferred probation, and successfully completed it, you can have it sealed. To be eligible to have it expunged, the case would have to have been a dismissal, or an acquittal after a trial. The cost varies from attorney to attorney. Once filed, the process can take anywhere from 4-6 months, in my experience.... Read More

It may be a good idea to get a retest on the UA specimen. Hopefully the court will be aware of the conflict in the results and won't issue a probation violation. You would be well advised to get a lawyer to help. If you are in the Dallas area possibly I can meet with you to discuss the situation.... Read More

The Judge can grant you relief, if you are too indigent to pay the fees. The worst thing you can do is to ignore the Court's Order. If the lawyer won't respond to you, go to the court yourself. Ask if you can approach. Explain to the Judge the situation; what you plead to, what your previous attorney told you about the fees and restitution, what your financial situation is currently, that you have a desire to pay the fees, but simply cannot, that you tried to communicate all these things to your previous attorney but have received no response. The Judge may be able to waive or reduce the fees, or at least abate them. That is probably your best option at this point.... Read More

You need to hire an attorney to represent you in that case. If you were cited for PI, but not booked into the jail, your attorney may be able to get the charges dismissed. You can also go to court and ask for deferred probation. But, I think, based on what you've written here, the proper disposition would be a dismissal. Once the charge is dismissed you would be eligible to have it expunged. ... Read More

There are several ways to attack the problem: the best is to hire a lawyer. Think how much he would have earned if he had been out of jail in the first place even after paying the lawyer. Next is to file a speedy trial motion. This may be a good idea in some courts but not in others. Lastly is to file a request for appointment of a new lawyer based on lack of due diligence on the part of the present attorney.... Read More

Of course you should be worries. If you've been to prison, you are likely familiar with the concept that the cops can arrest a person for just about nothing. All they have to do is convince a DA or magistrate that they have PC to arrest you. It sounds like you have a good legal defense, in the event they do pursue charges. But, you should definitely be careful. I wouldn't be sending texts to the person that was arrested for the POCS, unless I had to. If you do communicate with that kid, do yourself a favor: go buy a digital camera. Take a picture of every single text message on your phone that  you have sent to that kid. Make sure the time and date and content of the messages is clear. Email those pics to yourself. When cops or lawyers go after cell phone records, very often we can get records that show a message was sent. But, it is rare that we can get records that show the content of the message. So, if all they get is a bunch of text messages, they can fill in the blanks themselves. Don't let that come back and bite you in the behind. Also, I would recommend you not talk to them, if they ask. If they call, you should call an attorney right away.... Read More

The police produce an arrest report to support a warrant for arrest and for later prosecution. If no arrest report was written then there is not enough information to charge a crime. If you are a suspect it is best for you to consult with an attorney to help get the correct information to the investigators before a warrant could be issued.... Read More

Even if you plan on hiring off-duty cops and making them responsible for ensuring no minors are drinking, this could still go badly for you, and who ever owns the house where you intend to host this party, for that matter. You could be in trouble if the cops show up. You could be in trouble if any of the minors drink and leave and get into a legal situation. You could be in trouble if any of the over-21's drink too much and get into a legal situation. There are a lot of bad things that could happen to you in this situation; relatively few good things. ... Read More

It appears, based on your description, that you received "7411" status; the first-time offender drug-charge diversionary program. If you successfully completed this diversionary program, there should be no conviction on your general, public record. You can check yourself by running a background check through ICHAT, or Internet Criminal History Access Tool, http://apps.michigan.gov/ICHAT/Home.aspx, a service administered through the Michigan State Police. They charge ten dollars per search.... Read More