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 6
Do you have any Texas Criminal Defense questions page 6 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

If I went to jail and was charged with no license and fleeing police officer but I didnโ€™t get DWI, what consequences can I face?

Answered 8 years and 11 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. There are many questions for you. Do you have a license, but it was not with you? Is your license suspended? Have you ever had a license? Were you charge with fleeing ( a misdemeanor) or evading arrest in a motor vehicle ( a felony)? Get a local lawyer who handles these kinds of cases.... Read More
Yes. There are many questions for you. Do you have a license, but it was not with you? Is your license suspended? Have you ever had a license? Were... Read More

What is the standard sentencing missing a court date?

Answered 8 years and 11 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is not missing court that you have to worry about, it is the theft charge that you have against you that should cause you the most concern. You should consult a local criminal defense attorney, most offer free consultations.
It is not missing court that you have to worry about, it is the theft charge that you have against you that should cause you the most concern. You... Read More

What do I do if my license is good or so I thought then I get pulled over and itโ€™s suspended?

Answered 8 years and 11 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Be careful. You need professional help. Do not represent yourself. There are many potential issues.
Be careful. You need professional help. Do not represent yourself. There are many potential issues.

If my boyfriend and I began dating when we are 17, and now he is 18 years old and I am pregnant, could he get in trouble?

Answered 9 years ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The age of consent in Texas is 17. As long as your boyfriend was not more than 36 months older than you, the State will not bring a statutory rape charge against your boyfriend. If you were both 17, you have nothing to worry about as far as the rape charge is concerned. Once you turn 18, you are free to go were you please. Your mother will not have any legal authority over you. Good luck.... Read More
The age of consent in Texas is 17. As long as your boyfriend was not more than 36 months older than you, the State will not bring a statutory rape... Read More

Can I stay out of jail with unlawfully carrying gun in car?

Answered 9 years ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It was unlawful to have a firearm in your vehicle because you were committing a class B misdemeanor with the possession of marijuana. You should speak to a local criminal defense attorney that can challenge the legality of the stop. Many more details are needed to fully answer your questions, which is precisely why you should consult with a local criminal defense attorney. Most criminal defense attorneys afferent free consultations. Good luck.... Read More
It was unlawful to have a firearm in your vehicle because you were committing a class B misdemeanor with the possession of marijuana. You should... Read More
Your girlfriend can ask the DA to drop the case. She is considered a complaining witness, but still just a witness to a crime committed against the laws of the state. They will take her into consideration and if she tells that that full restitution was made for the property it is a possibility that the State would drop the charges. This is assuming that you were charged with criminal mischief and not interference with an emergency phone call. You should consult with your criminal defense attorney about the matter.... Read More
Your girlfriend can ask the DA to drop the case. She is considered a complaining witness, but still just a witness to a crime committed against the... Read More

What is my legal exposure and what should I do if I am asked to pay money that I didnโ€™t owe?

Answered 9 years ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can not be charged for theft or fraud without you having more involvement than what you have stated. It is highly unlikely that they would recover any monies from you. The people made the agreement with the tenant and therefore must recover the monies from the tenant. Someone can always file a lawsuit against you, it does not mean that you will be held liable.You should consult a civil law attorney in this matter if you are concerned about the ramifications of telling the people to bug off and not pay them.... Read More
You can not be charged for theft or fraud without you having more involvement than what you have stated. It is highly unlikely that they would... Read More

Can he be punished twice when he goes back to court after he bonds out?

Answered 9 years ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your husband dug himself a bigger hole when he stopped reporting. That will just be one more reason for the court to revoke his probation. Additionally, the court can use any information about a probation violation, even if he provided the dirty sample to another agency. Your husband's future is in the hands of the judge. The judge can revoke and sentence your husband for any violation, except purely financial ones.... Read More
Your husband dug himself a bigger hole when he stopped reporting. That will just be one more reason for the court to revoke his probation.... Read More

If you bond out of jail, are you entitled to free representation of an attorney?

Answered 9 years ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You are entitled to free representation if you can prove to the court that you are indigent (too poor to hire your attorney). Some courts will question whether you are truly indigent if you posted a high bond amount. You will just have to go through the court's procedure to establish that you do not have enough are unable to hire your own attorney.... Read More
You are entitled to free representation if you can prove to the court that you are indigent (too poor to hire your attorney). Some courts will... Read More

What do I do if I had a capias: failure to appear pop up on a recent background check?

Answered 9 years and 3 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Pay it if it is a capias (non-bondable) warrant. Or sit it out. No other option if want it to go away.
Pay it if it is a capias (non-bondable) warrant. Or sit it out. No other option if want it to go away.

When the company does a background check, will it just show misdemeanor charge or will it show the details of the charge?

Answered 9 years and 3 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
The background check might show all sorts of things. Answer the questions.
The background check might show all sorts of things. Answer the questions.
I would highly recommend you retain an attorney for your son.  Any statements that your son makes could be used against him.  Often, something that appears to be an innocent statement, can end up looking like someone who is not involved, is involved.  Please encourage him to get an attorney to coordinate with the investigating agency.  It will help both of you to sleep better at night. Every criminal lawyer has been in a situation where they represent a client who thought they were only "helping" the police investigate a crime, when, in fact, their new client was the focus of the investigation. Get him a criminal lawyer in your area.... Read More
I would highly recommend you retain an attorney for your son.  Any statements that your son makes could be used against him.  Often,... Read More

What can i do

Answered 9 years and 4 months ago by Mr. Richard Keith Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to hire a good lawyer. My guess is you've been charged uner a theory referred to as "joint possession." In other words, the cops arrested you all based on the theory that eveyrone was in on it. You can fight that kind of charge. But, you need representation willing to put in the work, and willing to fight. ... Read More
You need to hire a good lawyer. My guess is you've been charged uner a theory referred to as "joint possession." In other words, the cops arrested... Read More

Is there a way I could see what evidence was used in a specific trial? And how/where would I find that information?

Answered 9 years and 5 months ago by Mr. Richard Keith Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you have a specific cause number, you can see what evidence was admitted by reviewing the reporter's record. Those aren't public record, though. So, you'd have to contact the reporter who handled the trial, find out what the coast would be, and make payment arrangements. You can request ant portion of the record you want. If you're only interested in seeing what was admitted, you can request only the portion of the record indexing admitted evidence. If you want to know what was admitted, and how it fit in to the trial strategy, you would need to review the entire record. There is no other way to get the information you are asking for, too my knowledge (other than asking the lawyers, obviously). ... Read More
If you have a specific cause number, you can see what evidence was admitted by reviewing the reporter's record. Those aren't public record, though.... Read More

How can I be charged with theft when my ex boyfriend bought me a car?

Answered 9 years and 5 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you can prove it was a gift, you are not guilty. He gave a different story to the authorities to cause them to believe you obtained possession without permission. You need a good defense lawyer.
If you can prove it was a gift, you are not guilty. He gave a different story to the authorities to cause them to believe you obtained possession... Read More

Why is the felony showing on my record if I was arrested for a felony but charges downgraded to a misdemeanor?

Answered 9 years and 5 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It will show everything, including the original arrest and what the charges were. Get a certified copy of the misdemeanor judgment and sentence, if you pled, to explain situation.
It will show everything, including the original arrest and what the charges were. Get a certified copy of the misdemeanor judgment and sentence, if... Read More

My son got a ticket for being in posession of marijuana. He would like to know to get a deferred prosecution and how he should plea.

Answered 9 years and 5 months ago by Mr. Richard Keith Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He needs to hire an attorney. If he has limited or no prior criminal history, there may be potential resolutions that are better for him than a deferred. 
He needs to hire an attorney. If he has limited or no prior criminal history, there may be potential resolutions that are better for him than a... Read More

How do I get a 24 year old class a misdemeanor that is showing on an FBI background check removed?

Answered 9 years and 5 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If it is a conviction, you can't.
If it is a conviction, you can't.

Can another state take me to court without me present or knowing my charge and would they communicate thru text?

Answered 9 years and 5 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can't be on probation without pleading guilty or no contest. If you have never plead guilty in that state or county, then it sounds like a scam. Make a police report, maybe it is happening to more than just you. Good luck.
You can't be on probation without pleading guilty or no contest. If you have never plead guilty in that state or county, then it sounds like a scam.... Read More

How long after you turn yourself in a court date?

Answered 9 years and 5 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If there is a bond, post a bond so that you will not have to go to jail. If you can not afford a bond or an attorney, the court will appoint an attorney to your case once you are in jail. If you can bond and not go to jail, then you can ask the court to appoint an attorney to the case after filling out some financial information. You must prove that you are indigent, i.e. that you do not afford an attorney considering your income and expenses. The charge that you indicated is punishable by a max of 180 days in county jail and a 2000 dollar fine, at least in Texas. You should consult with a local criminal defense attorney, not street attorneys that do not know enough to lead you the right way. Good luck.... Read More
If there is a bond, post a bond so that you will not have to go to jail. If you can not afford a bond or an attorney, the court will appoint an... Read More

Will I be able to get a lesser sentence or avoid jail time for attempted arson?

Answered 9 years and 5 months ago by Mr. Richard Keith Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to hire an attorney. To be honest, you've made a bit of a mess of it. But, your lawyer will have access to the State's evidence, and if there are circumstances that would warrant a resolution that avoids prison or a felony conviction, s/he will be able to pursue that.   And, you shouldn't make any more factual admissions online, or anywhere else. The only person you can safely share that kind of information with, is your lawyer.... Read More
You need to hire an attorney. To be honest, you've made a bit of a mess of it. But, your lawyer will have access to the State's evidence, and if... Read More

Is an attorney to provide all legal documents in your native language before you sign the legal document?

Answered 9 years and 6 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The attorney does not have to present him with plea papers in the language that he speaks. You husband was asked by the judge if he understood what he signed and if it was explained to him by his attorney. A no contest plea has the same affect as a guilty plea, as it pertains to the criminal consequences. You will not have much success in making a case that your husband did not understand, considering the judge more than likely asked all the appropriate questions and was provided a licensed interpreter to take the plea.... Read More
The attorney does not have to present him with plea papers in the language that he speaks. You husband was asked by the judge if he understood what... Read More

Can a police officer write a public nuisance citation about the growth of my lawn without my presence and then insert it inside the mail box?

Answered 9 years and 6 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes.
Yes.

No charges or case yet

Answered 9 years and 6 months ago by Mr. Richard Keith Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a lawyer. There are a few different ways that can go; a good lawyer can discuss the contingencies with you and help you prepare for them. 
Hire a lawyer. There are a few different ways that can go; a good lawyer can discuss the contingencies with you and help you prepare for them. 

First time offender arrested and charged with aggravated robbery, organized crime, and drug paraphernalia... What type of sentencing do I expect

Answered 9 years and 6 months ago by Mr. Richard Keith Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It depends on (1) the evidence; and (2) the lawyer you have.
It depends on (1) the evidence; and (2) the lawyer you have.