Texas Criminal Defense Legal Questions

Yes, the plea deal can be taken away and you could be subject to the full punishment range for the offense. Your best bet is to turn yourself in asap and hope that the judge accepts your apologies and still follows the plea. If you go on the run for even longer, it is less likely that they will.... Read More

A traffic stop must be legal, or any of the evidence discovered after the stop can be suppressed as the fruit of an illegal search / seizure. He should hire an attorney on the assault family violence -impeding breath (strangulation) case. District Attorney offices prosecute these aggressively and just because the victim is a drug addict or in jail does not mean they will dismiss his case. Many of these types of cases end up getting set for trial. Your boyfriend should make sure he trust his attorney to defend these type of serious charges.... Read More

Burbank? Contact the court where your case is pending and ask if they have the option for remote hearings by zoom. If they do not, you will have to travel to court, despite the expenses. If you do not appear, a warrant will be issued for your arrest for non-appearance. If it is a felony offense, the warrant will be enforced nationwide; you can be arrested for a felony warrant in any state and extradited back to Texas. If it is a misdemeanor warrant, they will not arrest you on it in California, but, it will remain in Texas indefinitely, so if you ever came back to Texas you could be arrested on the warrant.  You also could hire a lawyer in Grand Prairie, TX that could go to court for you; this would not excuse your non-appearance if in person appearance is required in the court, but, they might be able to get you a continuance if you are not able to obtain one when you call the Court. Any Dallas area attorney can help you.  Good luck.... Read More

The lawyer that represents you on the case can file a motion to modify any protective order (no contact order, etc) thats in place, and, a motion to modify the bond conditions prohibiting contact. These things are not set in stone, and the Judge has the discretion to modify them to accomodate child-care and custody issues. Keep in mind, lawyers do not typically accept representation for these type issues for the sole purpose of modifying these type of orders. This is because in a criminal case, once the lawyer has signed on as your attorney of record, they are obligated as your attorney for all purposes related to the criminal charges, not just for the limited purpose of helping you to modify bond conditions or a protective order.  ... Read More

I do not think that story will convince an assistant district attorney reviewing your theft case to dismiss it. Retail thefts typically can be resolved with probation (as long as you are not a habitual offender), so you are probably not looking at any real possibility of jail time.  I would need to personally review all of the evidence your attorney has reviewed to advise you on the failure to identify. If you did not intend to steal anything, don't take a deal and set it for trial. They have to prove intent in order to prove theft. To prove theft they must prove that you had "intent to deprive" the owner of the property. Any facts, circumstances, testimony, or other evidence is considered. If you decide to set your case for trial, your question really would be one you would want to hyopthetically pose to the jury, asking them if they felt that the story you describe rises to at least reasonable doubt. If that is what you decide to do, make sure you trust your attorney to defend your case at trial.  Good luck. ... Read More

If you are indigent, you already have a "pro bono" attorney - your appointed lawyer. If you don't have the financial resources to hire private counsel, you have a constitutional right to have a licensed attorney appointed to represent you FREE of charge.    Some appointed attorneys are highly qualified and skilled lawyers. But, if you can't afford a lawyer you do not have the right to CHOOSE your appointed attorney. The Court chooses, and if you are not satisfied with the appointed lawyer, your only option is to hire someone. If you want to choose what lawyer represents you you have to pay for that. Do not expect to find a private attorney to represent you on a drug case for free. It is not going to happen.    Good luck. ... Read More

Yes. If you have a misdemeanor or felony conviction, it could enhance your punishment for this offense. If its a class A misdemeanor (1st offense dwi over 0.15), and you have a prior felony or class A misdemeanor conviction, it raises the minimum jail sentence in the punishment range to 90 days. if its a class B misdemeanor (1st offense dwi over .08, under 0.15), and you have a prior felony or A or B misdemeanor conviction, it raises the minimum jail sentence in the punishment range to 30 days. See Texas Penal Code 12.43 Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS. (a) If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for any term of not more than one year or less than 90 days; or (3) both such fine and confinement. (b) If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by: (1) a fine not to exceed $2,000; (2) confinement in jail for any term of not more than 180 days or less than 30 days; or (3) both such fine and confinement.... Read More

Check your trial date.  That is the day the trial will start. Sometimes, more than one case is set on a given trial date - that if someone gets cold feet last minute abd takes a deal on trial day, another case is ready to go.  Don't count on your trial date being reset, though. Whatever trial date your case is set for, make sure you are prepared for trial, and that you trust your attorney to defend you in trial.  Good luck.... Read More

Because you are a minor, you will not have the ability to "drop" the charges.  Your parents together with you may be able to talk with the prosecutors and explain to them that you do not wish to testify against your boyfriend.  Nevertheless, the law allows the State of Texas to still bring a case against him.  Even if you were an adult, the State of Texas and the prosecutors ultimately can still bring the case against your boyfriend.  The trial lawyer representing your boyfriend should know what to do in this case.  You should also make sure that you are safe.  You should do what you can to get good counsel on how to proceed to look out for yourself and keep yourself safe at all times. Your boyfriend needs to retain a lawyer who knows how to represent him in these types of cases.... Read More

There's nothing illegal about dating. Depending on your age and hers, things like sexting, sexual contact etc could very well land you in hot water. Since you haven't given us your age and you shouldn't post on a public forum what acts could be alleged, it's worth reading: Romeo-Juliet Law in Texas  Sexting in Texas Child Sex Crimes in Texas Sexual Performance by a Child Sexual Assault of a Child... Read More

If it was actually $100 or more, but less than $750, that's a Class B misdemeanor. It's punishable by up to 180 days in jail. A good local defense attorney will be able to explore things like diversion (if available) and other options conditioned upon what you do and what they can work out with the prosecutor.  To learn more about possible outcomes, visit my theft defense page. ... Read More

Your question is not entirely clear. I would be more concerned about her trying to scam you than her being used to arrest you. She's going to have credibility issues and if this were a sting, you would likely have been arrested right there. That being said, the exchange of funds is not necessary to prosecute a prostitution charge. An agreement is sufficient. Learn more: Prostitution Defense      ... Read More

Any case can be dismissed. Whether a prosecutor will dismiss it is a function of many things including the strengths and weaknesses of the case, who your attorney is, the good things your attorney can say about you. Best case: dismissal. Worst case: 1 year in jail if the value is $2,000. Theft defense. ... Read More

From your message, it is not entirely clear if those Class B misdemeanor thefts became convictions. Generally speaking a theft that was deferred and certainly, one that was dismissed is not considered a theft conviction.  If they are theft convictions, then yes, two prior theft convictions means a new allegation of theft under $2,500 is a state jail felony in Texas. It doesn't matter if the new theft is for 99 cents or $2499.99; it's still a felony. You can learn more about theft enhancements here: Theft Defense That being said, you already have an attorney. If you can't reach her by phone or email, stop by her office. You have the right to expect communication and reasonable updates on the case. ... Read More

It is common for assault charges in Texas to be brought to trial with just one witness, that is the alleged injured party. The fact that there is only one witness will not keep the prosecutor from pressing forward with the charges. A typical assault charge is a Class A misdemeanor punishable by up to a year in jail. Your attorney will have an opportunity to cross examine the alleged victim or any other witness. You will also be able to subpoena witnesses on your behalf and if there are no other witnesses then your attorney will focus on discrediting the witness. For more information about the charges generally, you can click here: Assault Defense in Texas. You can also consider subpoenaing records from the school through a subpoena duces tecum. ... Read More

You need to hire the best representation for her that you can afford. From the facts provided, it sounds like your daughter has been charged with Indecency with a Child by Contact. That offense is a 2nd degree felony, and carries a potential penalty of anywhere from 2 years in prison, up to 20 years in prison. Additionally, a conviction for that offense would require her to register as a sex offender for life. Even if the girls were discovered in a compromising position, there are avenues of resolution that can be pursued to avoid prison, or the lifetime registration requirement that would be imposed if she were convicted.  Feel free to contact me to discuss the matter more fully. Best, Rick... Read More