Texas Criminal Defense Legal Questions

The decison of whether to accept or reject a plea offer is yours and yours alone. Your attorney cannot "force" you to take a plea. I wouldn't venture to guess at why he or she wants you to take the offer, without having an opportunity to review the evidence the state does or does not have. If you don't want to take the advice of your appointed lawyer, your only option is to hire a different attorney who will be willing to set the case for trial. ... Read More

You need to do two things: (1) You need to have the citation and all associated records expunged. First, we would need to ensure the ticket was actually dismissed. If it was (pursuant a legal vehicle called a "deferred disposition") then you are eligible to have it expunged. BUT: (2) You need to also meet and consult with an immgration lawyer. I handle criminal cases (which includes petititons to expunge records). We have an immigration attorney in our office. But, there are other qualified attorneys all over the state. I doubt you would be subject to removal for a dismissed Class C citation. However, you want to be sure that you will not have any problems upon trying to return to the US. You will want to find out the answer to that question before you leave the country.  Hope that helps! Rick... Read More

Hire a lawyer. You are going to have to have a really good explanation on why you ran. Be helpful if you have been working and otherwise a law abiding, tax paying citizen. Also, if you completed a drug rehab and are now living drug free that can be a great argument. Turning yourself in (after hiring a lawyer and before being arrested) is also helpful.... Read More

As long as you are not sending repeated messages that are harassing her, and you are simply telling the truth, you have no problem. (Truth has to do with the potential?civil lawsuit. Single message has to do with harassing communications that could lead to criminal charges.) As much as she aggravates you, don't do it again.? (And she is not the homewrecker - your husband is. She does not owe you - he does. IMHO and having been on the receiving end of same....)... Read More

If you follow through with the criminal charges, it would help your civil case if the person is found guilty of criminal charges for the destruction of your property. However, it's unclear whether you mean that you have agreed to settle out of court or through a civil suit for damages. ... Read More

You were never convicted if you successfully completed the deferred disposition. So, if an application (or similar document that asks those type of questions) asks if you've been "convicted," you can truthfully answer "No." However, if the question asks if you've ever been cited for or arrested for or entered a plea to any offense other than a traffic offense, you'd have to answer "Yes."  If these were Class C citations, however, you can have the arrest records expunged. Once the arrest records are properly expunged, you will be able to legally deny that you were ever issued citations for those offenses.  Feel free to call me if you would like to discuss the process.... Read More

You need to get that information to your fiance's lawyer. By itself, the text message and online message are likely inadmissible. However, a good lawyer may be able to obtain additional discovery that can (a) confirm that these messages were written on devices owned by the guilty person; and (b) get this impeachment evidence in to an admissible form that a court would more likely consider reliable.... Read More

You should hire an attorney. Your attorney should sit you down and discuss everything you know and have heard, about the case. Your attorney should use that information to determine whether it would be in your best interests to speak with the detective (it's almost never a good idea to speak to law enforcement). These are all very serious charges; hire the best attorney you can afford.    Rick... Read More

Were I in that situation I might explain to my PO that I told him I was employed because that was my expectation. Given what you have said here, it appears to me that you had a job, and that, when you lost it, took steps to remain employed. Unfortunately, they wouldn't work around your work schedule. Thus, despite your expectation that you would be employed, you were unable to meet your own expectations. If you can show him a list of places you have gone in search of work (if you don't have a list I would advise that you start pounding the pavement in order to create one), in addition to what you have already done, I would think that would be a compelling reason not to recommend that you be revoked. ... Read More

You need to contact an attorney immediately so they can file a Motion for New Trial and/or a Notice of Appeal.  There are certain deadlines so do not delay today.  I cannot tell by your post if this was a Class C Assault or a Class A assault. Certain cases can be expunged if this was a Class C assault.  ... Read More

You are seeking to apparently "drop" the charges against your partner.  Given your description of 1) a motor-vehicle collision and 2) a criminal case, you need to immediately contact a lawyer.  Your partner will need an attorney who is a trial lawyer in criminal cases and it would be helpful if they also did personal injury cases. The State of Texas is now against your partner so to speak.  The court will appoint them an attorney if they do not contact an attorney on their own for representation.... Read More

1.  Please make an appointment and go see your attorney and express your feelings calmly. 2.  Ultimately, you are the person that must decide what is in your best interest. 3.  The trial judge is the one that sets the schedule and so if an offer is rejected, then often times the case has to be tried. 4.  Make sure you understand the range of punishment, if the offense is a 3g offense, if your are eligible for probation. 5.  Make sure you understand the pros and cons of rejecting a plea bargain and going to trial. 6.  Make sure you answer all of the questions asked of you by your lawyer.... Read More