Texas Criminal Defense Legal Questions

If you do not want the case to be on your record it is best to finish the probation so you can expunge it later. This can only be done if there was no finding of family violence. If you do not have to report to probation, you may be able to pay the fine and request an early discharge from probation.... Read More

No. The DA's office has the authority to accept/reject charges. So, the person didn't "press charges" against you in the first place. They called the cops. The cops made a report. The cops called the DA's office and asked whether they would accept charges against you. And the DA accepted those charges. The person who called the cops initially can certainly refuse to cooperate with the prosecution, or make it difficult for them to prosecute. The best thing for you to do is to hire a lawyer you trust, and have that person explain to you the possibilities.... Read More

The punishment range for a theft of $400 is a Class B misdemeanor. That carries with it a possible punishment of up to 6 months in jail and/or a $2,000 fine, or a combination of both. Given your age and lack of prior criminal history, there may be some things your lawyer can negotiate on your behalf to ensure this doesn't end up on your permanent criminal record. You are right; it was dumb. But, the right attorney can get you through it.... Read More

It depends on what the blood test results are. They test for more than just alcohol. If there were prescription drugs and/or illegal drugs, the fact that his blood alcohol content was below .08 will not matter, in terms of whether he will be prosecuted. However, be sure he hires a very good DWI lawyer to represent him. Alcohol in the blood should not be looked at the same way as drugs in the system. Mere presence of drugs, or the metabolites of drugs, may not be enough to convince a jury that he was legally intoxicated.... Read More

You need to get an examining trial if you are not too late. A presentation to the Grand Jury may be useful. Your attorney should communicate with the District Attorney. You are a witness and should not be a defendant. Tell your lawyer everything and don't wait. The process becomes more complicated and expensive as time goes by. If there is time, much can be done to help. My experience with cases of the type you have is that very good results are possible without extreme cost if my clients come in quickly and tell me the truth. It is even possible to use a polygraph to advantage early in the case before it is indicted.... Read More

You've been charged with a 2nd degree felony. The range of punishment for that could be as little as 2 years in prison, or as much as 20 years in prison. Obviously, it's very serious. If all you did was pawn something you bought from a friend, you seriously need to hire a good attorney, because those facts (pawning an item you bought from a friend - and you didn't know it was stolen) do not rise to the level of BOH. ... Read More

It depends. The fact that you guys were in a camper creates some interesting legal questions. The reason is this: if you're in your car, and a cop smells pot, that is enough for them to search the car. If the same cop smells pot outside your house, that's not enoough to search the house. So, the answer turns on the use to which the camper is put to. The fact that there was a report of a suspicious vehicle is also a fact that goes towards a finding of probable cause. A good lawyer can file something called a Motion to Suppress, and seek to keep out any evidence they found on the basis that they did not have enough probable cause to get that warrant.... Read More

What you describe sounds like malpractice. If so and if you are on deferred adjudication, you may be able to file a habeas corpus writ to set aside the judgment and reopen the case. Obviously you need a new lawyer to look at the paperwork and evaluate the chance of success. There may be other options available to modify the terms of probation or get a "judicial pardon" ( a section 20 discharge) if you received a straight probation. I have handled several similar writs and can tell you that the procedure is somewhat slow and can be expensive because there will be two trials, the first to determine if the writ will be granted and the second to try the case if a new plea cannot be worked out. It is quite a bit of work but may well be worth the cost and effort.... Read More

If you were caught and charged and you are paying restitution through the court you can and should ignore the letter from Wal-Mart. If you were caught before leaving the store and loss-prevention was able to get back anything they claimed you were trying to steal (which likely means there is no court-ordered restitution) then you can and should ignore the letter from Wal-Mart.... Read More