Texas Criminal Defense Legal Questions

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444 legal questions have been posted about criminal law by real users in Texas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Texas Criminal Defense Questions & Legal Answers - Page 5
Do you have any Texas Criminal Defense questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 444 previously answered Texas Criminal Defense questions.

Recent Legal Answers

Would dating and kissing be considered illegal if Iโ€™m 14?

Answered 8 years and 5 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If he is more than 36 months older than you, he runs the risk of being accused of sexual assault of a child, even if the sexual contact is considered consensual. Even though you state only kissing and the such, sexual contact is a possibility. It does not have to be actual intercourse. The young man is just being careful. If you are less than 36 months apart, he does not have anything to worry about as long as he does not posses or definitely take any nude photos or video of you until you turn 18.... Read More
If he is more than 36 months older than you, he runs the risk of being accused of sexual assault of a child, even if the sexual contact is considered... Read More

Will a misdemeanour class B be eligible for probation? Will it go on my record? Can it be removed from my record?

Answered 8 years and 5 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If it's your first crime committed, it's highly unlikely that you would not be at least eligible for probation. You should make an appointment with a local criminal defense attorney.
If it's your first crime committed, it's highly unlikely that you would not be at least eligible for probation. You should make an appointment with a... Read More

Is it okay or is it statutory rape if a girl got pregnant at 17?

Answered 8 years and 5 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
In Texas, as long as the two parties are over 14 years of age and they are less than 36 months apart and it was consensual, no charges will be brought against the older party. There is an exception to having sexual contact with a person younger than 17 years old commonly known as the Romeo an Juliette. Good luck with the baby.... Read More
In Texas, as long as the two parties are over 14 years of age and they are less than 36 months apart and it was consensual, no charges will be... Read More

What is the cost to have a Misdemeanor C minor theft non-Disclosure from public record?

Answered 8 years and 5 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You actually qualify for an expunction if you are correct that it is a class C misdemeanor. Filing fees are approximately 300 dollars. Attorneys charge anywhere from $500.00 to the $3000.00 for an expunction.
You actually qualify for an expunction if you are correct that it is a class C misdemeanor. Filing fees are approximately 300 dollars. Attorneys... Read More

Will his probation officer be allowed to search my room even if he does not have access to it?

Answered 8 years and 5 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I would not worry about it. He can not have possession of a firearm under the circumstances you describe. Possession is care, custody and control. He lacks all of those in your situation. He will be fine unless he decides to break into your room and your safe and gain access to the weapon.
I would not worry about it. He can not have possession of a firearm under the circumstances you describe. Possession is care, custody and control. He... Read More

What is he facing and what are my options?

Answered 8 years and 5 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If I had to guess, he is charged with a first degree felony and he is facing 5 to 99 years in jail. If you can afford it, the two options you have are to bond him out and or hire a criminal defense attorney. There is not much else you can do for him. You should make an appointment with a criminal defense attorney to give you a better idea.... Read More
If I had to guess, he is charged with a first degree felony and he is facing 5 to 99 years in jail. If you can afford it, the two options you have... Read More

With no priors for anyone, witnesses of questionable repute, for minimal convictions, who should go to trial first?

Answered 8 years and 5 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Who goes to trial 1st is up to the court. You should consult a criminal defense attorney. There are to many details that need to be considered to give you any real advice. Since no case is exactly the same, it's impossible to give you the success rate of defending your particular case. Please go see an attorney and do not try to wing it yourself. The truth does not necessarily set you free in criminal cases. Good luck.... Read More
Who goes to trial 1st is up to the court. You should consult a criminal defense attorney. There are to many details that need to be considered to... Read More

If my fiancรฉ and I were caught shoplifting, were arrested and charged with a Class B Misdemeanor, what happens if I take the blame?

Answered 8 years and 6 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Do not take the blame until you have spoken with a criminal defense attorney. If you work out a deal to take the blame and in turn they dismiss the other person's case great, otherwise keep your mouth shut. Additionally, more than one person can be charged for the same crime, in the State of Texas. It is called the law of parties. Do yourself a favor and speak to an attorney before making rash decisions. Good luck.... Read More
Do not take the blame until you have spoken with a criminal defense attorney. If you work out a deal to take the blame and in turn they dismiss the... Read More

If I have a scheduled court date and I need to go back to my foreign country, will my second wife liable if I runway from warrant of arrest?

Answered 8 years and 6 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
She would be liable for your bond, if she is the one that posted your bail.
She would be liable for your bond, if she is the one that posted your bail.

Is there a way to challenge an order amending conditions of probation?

Answered 8 years and 6 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No, there is no way to challenge. You signed a document that gives the judge the power to do just that. The alternative is that you are revoked and sentenced to time. At times that is the best option, especially if you are not likely to stay clean. The jail sentence is to attempt to make you comply.... Read More
No, there is no way to challenge. You signed a document that gives the judge the power to do just that. The alternative is that you are revoked and... Read More

Can this hold up in court if I use the pills and were they supposed to let me go?

Answered 8 years and 6 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, it is likely that once the test come back positive you will be charged with possession of a controlled substance. They have a choice of letting you go until they confirm you possessed a controlled substance or take you to jail and then confirm.
Yes, it is likely that once the test come back positive you will be charged with possession of a controlled substance. They have a choice of letting... Read More

What charges am I looking at if I was caught stealing from my employer?

Answered 8 years and 6 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If it is less than 100 dollars, then you are facing a class C misdemeanor theft case.
If it is less than 100 dollars, then you are facing a class C misdemeanor theft case.

My daughter had a collision and left the scene this past evening and she reported it today but officer wants to come question or get lawyer first

Answered 8 years and 6 months ago by Mr. Richard Keith Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
She needs to hire an attorney. Let the attorney speak with law enforcement. If she was involved in a collision, and left the scene, she could be facing serious criminal charges. If only property was damaged, it could be a misdemeanor. However, if anyone in the other vehicle was injured, she could be facing serious felony charges. ... Read More
She needs to hire an attorney. Let the attorney speak with law enforcement. If she was involved in a collision, and left the scene, she could be... Read More

What can I do if my cousin is trying to leave her baby daddy and he recently told me he likes me but Iโ€™m under 18?

Answered 8 years and 6 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
From the info you provided a crime has not been committed yet. You should stay away from him to avoid any chance of him sexually assaulting you and also avoiding any unwanted sexual advances. Tell someone other than your friend and do not take any chances that endanger your safety. By the way, if you are 17 and have consensual sexual contact with the man, it is not a crime.... Read More
From the info you provided a crime has not been committed yet. You should stay away from him to avoid any chance of him sexually assaulting you and... Read More

I need to see about a lawyer that will also bond out my friend who could i contact

Answered 8 years and 6 months ago by Ms. Crystal Laree Gayden (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
We make Bail Bonds in Tarrant County Only---Please contact our office for further assistance! Thank you!
We make Bail Bonds in Tarrant County Only---Please contact our office for further assistance! Thank you!

If arrested, does one need to be told they are under arrest and for the infraction to be identified.

Answered 8 years and 7 months ago by Mr. Richard Keith Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No. The Miranda rights you are referring to only have application in a situation where a person is interrogated while under police control, and makes admissions in response to questioning that could be used to obtain a conviction. Miranda is not a prerequisite to arrest. All law enforcement needs to make a valid arrest is to be able to articulate a belief that there was probable cause for the arrest.... Read More
No. The Miranda rights you are referring to only have application in a situation where a person is interrogated while under police control, and makes... Read More

What is going to happen now if Iโ€™m on probation for misdemeanor assault violation?

Answered 8 years and 7 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Speak to your P.O. and ask if you could show the proof you were in the hospital at the time. You might have to turn yourself in and provide proof, leave copies with your relatives, that you were hospitalized. It is highly unlikely that a warrant was issued just for that, however, every county sets its own threshold for issuing warrants for probation violations. You may also be able to post a bond, call a bonding company to inquire about that option. Good luck.... Read More
Speak to your P.O. and ask if you could show the proof you were in the hospital at the time. You might have to turn yourself in and provide proof,... Read More

Can inmate get reinstated for probation after a four year run?

Answered 8 years and 7 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
In theory, yes, but in practice no. He is going to do some time. Absconders are not treated nicely by courts.
In theory, yes, but in practice no. He is going to do some time. Absconders are not treated nicely by courts.

Would I receive the same court appointed attorney, or different for a court filed a MTR Probation?

Answered 8 years and 8 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Highly unlikely, but it is possible. In a big county, like Harris County, less likely.
Highly unlikely, but it is possible. In a big county, like Harris County, less likely.

What should be done if I got pulled over in a vehicle that did not belong to me and police found drugs in the car?

Answered 8 years and 8 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you are not guilty and the State still wants to continue your prosecution, then your only choice is a trial. Your attorney, in the right situation, can file a motion to suppress based on a lack of affirmative links. Please do not take this as a knock on your attorney. I do not know the fine details.... Read More
If you are not guilty and the State still wants to continue your prosecution, then your only choice is a trial. Your attorney, in the right... Read More

What happens if you missed your final court date?

Answered 8 years and 8 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You have a warrant out for your arrest. You should speak to your criminal defense attorney and your bonding company, if you have one. Hopefully they can help you get a new court date without getting arrested.
You have a warrant out for your arrest. You should speak to your criminal defense attorney and your bonding company, if you have one. Hopefully they... Read More

How do I fight a minor in consumption charge?

Answered 8 years and 9 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Cop will probably testify he smelled odor of alcohol on your breath. Best to get a qualified lawyer.
Cop will probably testify he smelled odor of alcohol on your breath. Best to get a qualified lawyer.

If my friend got caught with drugs they were hers she admits to them being hers none of my prints on them, can I get in trouble?

Answered 8 years and 9 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you have not been charged, highly unlikely you will be in any type of trouble. If you have been charged, there are to many factors to discuss on whether you can be found guilty. You should speak with a local criminal defense attorney to assess your case.
If you have not been charged, highly unlikely you will be in any type of trouble. If you have been charged, there are to many factors to discuss on... Read More

What is the statute of limitations for a theft of jewelry valued at $70,000?

Answered 8 years and 9 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Generally it is 5 years.
Generally it is 5 years.

If my grandson was charged with unlawfully carrying a weapon and 16 people complained against him, can they charge him?

Answered 8 years and 9 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He has already been charged. He can be charged with a more serious crime if he threaten any of them with the weapon.
He has already been charged. He can be charged with a more serious crime if he threaten any of them with the weapon.