Texas Criminal Defense Legal Questions

If you were charged under TX law, Unlawful  carry of a firearm is a class A misdemeanor. The punishment range is up to 1 yr in county jail, and a fine up to $4k. You may have legal or factual defenses; and, you may be able to do probation, not jail time. In some instances, we even get these dismissed after the person completes conditions - just keep in mind that every case is different, and many factors will come into play. Under Federal law there are firearm offenses as well, but most often are prosecuted where there is an illegal weapon (full auto, sawed off shotgun, etc), or the person is a convicted felon with a firearm. "not reading your rights." - this only matters if you are questioned after being taken into custody. Your miranda rights attach when you are arrested and intereogated. If they don't question you after arrest, it really makes no difference. Hire a lawyer you trust for the best outcome. You can't choose your appointed attorney, but if you cannot afford to hire someone, make sure to follow up with appointed counsel frequently.... Read More

If you have a felony conviction and are charged with a felony drug offense, you can get probation from a plea agreement with the district attorney, or it can be granted by the judge. At trial, you would not be able to get probation if convicted. if you do not have any felony conviction, you can get probation from the judge, DA, or at trial, if sentenced to less than 10yrs.... Read More

They can revoke your parole for violating any of the conditions of your release. This includes making appointments, doing classes or rehab, obtaining a job, or violating the law. They do not need an indictment or conviction to revoke your parole on this basis. If he has a pending felony accusation, typically they wait until those charges work out before proceeding to a hearing on the motion to revoke parole - and during that time the offender will remain in custody. Whether its the hearing on the motion to revoke parole or the new criminal case, he is more lilely to obtain a better outcome if he hires an attorney he trusts. Some appointed attorneys are great. Most are not - but you don't get to choose.... Read More

I am not sure what your question is. Do you mean the complainant signed an affidavit of non-prosecution? That does not guarantee the District Attorney will dismiss the case. They have the final say on prosecuting alleged offenses. IF you are looking to hire an attorney, read some reviews and choose the person you believe the is the best person you trust to defend you. Good luck.... Read More

Assault family violence is a class A misdemeanor. It is punishable by up to 1 yr in county jail, and a fine not to exceed $4,000.  Getting convicted of a family violence offense will have lifelong consequences. A conviction (or even guilty plea and deferred adjudication probation with no conviction) means you lose the right to purchase a firearm with a federal background check, and it is illegal for you to possess a firearm anywhere for 5 yrs following release from jail, pr probation. People that claim they have been assaulted do not "press charges." Thats what the district attorney does. The DA will have the final say on if the state presses charges or dismisses them - wheb someone says "they didn't press charges," it confuses how the system work. If they think they can prove the case, it does not matter if the victim wants them to, they can proceed. The range of punishment is the same, whether he pays the bond or not.  The only difference is waiting in jail until a trial or plea.  ... Read More

The county where his probation originated retains jurisdiction, even when probation is "transferred." If the State believes any term or condition of probation has been violated, they can file a motion to revoke probation. A warrant is then issued for the persons arrest that is on probation, and a hearing is set. The Judge has the final say on what to do with an alleged probation violation, and it can be reinstated, extended, have conditions added, or revoked.  If your son was on deferred adjudication probation, he is entitled to a bond. Even if one is not set intitially, his attorney can get one set. Your son has a right to an attorney to represent him in a probation revocation action. He is also entitled to a hearing in front of the Judge, where he can present evidence or testimony in his defense. If he cannot afford an attorney, one will be appointed for him.   ... Read More

If convicted of the new offense, he will do time in the new home state first. Once that is completed, he will be transferred back to Nevada to complete his sentence. Parole might be possible again in Nevada, but given the type of offense, multiple revocations of parole that you cite, and a conviction for a felony in another State while on parole, being paroled again in Nevada would be difficult. He would need to find a NEVADA criminal defense attorney to get a complete answer to that question.... Read More

Texas Penal Code 42.07:   Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: (1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property; (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury; (4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the connection; (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or (8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern.... Read More

In many circumstances, someone is eligible for deferred adjudication probation in TX state court, even with a felony conviction. This would only be possible by plea agreement, or sentencing by the judge before trial.  At trial, with a felony conviction, you cannot receieve a probated sentence.  Every situation is different, and exceptions exist for some offenses (murder, for example). ... Read More

Unfortunately, if you have a felony conviction you will never pass a background check to purchase a firearm. In TX, after a felony conviction, you may ONLY possess a firearm where you live, and no other location - and you may only legally keep a firearm at your home (under TX law) 5 years after being released from prison or parole. See Texas Penal Code Chapter 46. You still cannot legally purchase a firearm, transport a firearm, hunt, or go to the shooting range - you can ONLY possess the weapon where you live. This becomes confusing because under Federal law, it remains illegal for a felon to possess a firearm, even when TX allows you to possess it in your home. I suggest looking into a cross-bow, not a firearm... Good luck... Read More

If the charges are still pending you can hire a lawyer to represent you on the charges. Even if the charges are eventually dismissed, you are unlikely to succeed on a lawsuit against someone because you believe you are falsely accused. Charges are dismissed in courts every day; but, defendants don't automatically get a right to sue the police or anyone else because they were accused of the crime. That being said, I am certain you can find an attorney to file a lawsuit for you if you pay a retainer fee up front and ongoing hourly legal fees. But its probably not worth it - just worry about fighting your case. Good luck.... Read More

EPO only lasts 60 days (typically). Bond conditions last the entire time the case is pending. Both are in effect at the same time during the EPO, that does not mean they one trumps the other. If you violate an EPO its a new criminal charge, if you violate the bond condition your bond can be revoked.... Read More