Criminal Defense Legal Questions

It sounds like your husband was issued what is called a Desk Appearance Ticket or a Criminal Summons. For misdemeanor offenses they need fingerprints most likely because he was arrested for a fingerprintable offense, and they need photos for his rap sheet. I'm assuming he has not been in front of a judge yet? Most likely the next Court date is going to be his arraignment and sometimes they try to arrange to have him fingerprinted and photographed before then to expedite the proceeding, rather than trying to do it the day of. With that being said, any time he interacts with the police on this case he should do so with his attorney present, to ensure that nothing is said that might incriminate him. You should certainly reach out to an attorney to see if you can hire them for the case, or even if you are not looking to hire an attorney for the case but instead have Legal Aid, you may be able to hire an attorney to represent him strictly when he is fingerprinted/photographed to ensure his rights are protected.    Good luck and I hope this information is helpful. ... Read More

DAs can (and often do) prosecute people who did not commit the crime they are charghed with - because they get information from law enforcement that makes them beleive that they can prove the case. To be convicted of a crime you certainly must have beenproven to have done something to facilitate the crime being committed by these sub-leasees. ... Read More

A minor theft charge like that, espcially if it is your first time, sometimes gets resolved by a "deferred sentence''. That is a plea bargain where if you plead guilty at the beginning and agree to abide by certain conditions over a time period, then in the end, the guilty plea is withdrawn and the charge is dismissed so it does not end up with a conviction. The probation might be 12 months. The conditions might be that you attend a 'theft' class, do community service work, not violated the law, pay various costs, etc. ... Read More

If someone has stolen somthing from you then it is appropriate to report it to the police. If the police believe they can prove that he/ she took things from you, they will charge the person with Theft or maybe other charges as well.  If the person is convicted of Theft, it is likely the Court will order them to pay you for your loss as a part of their sentence in the case. If you prefer not to get the polcie invovled for some reason, you could sue the person in civil court for 'replevin' - i.e. recovery of items they have that are yours. If the value of the property is worth less than $7500 you could probably sue in small claims court and you can find those forms (normally lawyers are not invovled in small claims court) online on the Colorado State Court website under "Self Help" tab and locate 'small claims' forms.... Read More

You were walking  around and you were arrested for first degree burglary?  First, you absolutely need an experienced attorney who handles criminal defense. This is a CLASS B FELONY.  You could be facing  five years!  My firm has a focus in this area and I cannot tell you how many times we have seen unrepresented parties make avoidable mistakes that have serious consequences on their lives.  Second, there is more to this story.  I would be interested in hearing more details. Please contact me if I can offer further advice or assistance 203.870.6700... Read More

If someone stole your gun and permit, you might have a big problem on your hands.  First, you should try to get your permit re-processesd so that you have your license.  Second, you should make sure you filed a report with the police about the theft of your firearm and that it is missing.  Finally,  you can sue your ex in small claims for your property loss provided its less than Five Thousand Dollars you are claiming.  Good luck.  Please feel free to contact us if we can offer any assistance 203.870.6700... 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

Advice here: DON'T!   The law will treat is as a concealed weapon. It is legal to transport a gun in your car if it is locked in a case in the back seat or in the trunk. Best to get your CPL and be legal. You will probably still need the property owner's permission to have it while on duty.... Read More

As far as whether or not he should take the plea - your best bet is going to be to speak with your Criminal Defense attorney regarding that. You should also consult with an immigration attorney as well, so that they can assess the specifics of your husband's situation to determine how the disorderly conduct would impact his immigration status. There's a number of things that can factor into this, including a potential order of protection, whether he has criminal history, what his immigration status is (LPR or undocumented) etc.    With that being said, as far as some general information - misdemeanor assault (assault in the third degree) is a class "A" misdemeanor offense and can subject your husband to up to to a year in jail, as well as three years probation. Disorderly conduct on the other hand is a violation with a maximum penalty of 15 days in jail. Obviously the disorderly conduct is significantly less serious than the misdemeanor charge both from a Criminal and Immigration standpoint. With that being said, you can ask your defense attorney whether an adjournment in contemplation of dismissal is possible - if they're offering a disorderly conduct they may consider offering an ACD which essentially would adjourn his case for six months (on a non-family case) or a year (on a family case) and at the end it would be dismissed and sealed as if it never happened. With that being said, in certain circumstances, such as if he has an immigration hearing coming up during that ACD period, he may be better off with the disorderly conduct - again it all depends on his specific circumstances so your best bet is going to be to contact an Immigration lawyer and go over the specifics with them. I hope this information was helpful though. ... Read More