Criminal Defense Legal Questions

It sounds like insufficient evidence for a prosecutor to file charges. But if you get a call from an investigator do NOT talk to them (even if you're  totally innocent!). Politely say that you will not be making any statements without speaking to an attorney. If you are contacted by the police or investigator then you will want to hire a criminal lawyer in your area and let the attorney handle everything. You may never get a call or visit from police, however. Sometimes they just don't have enough evidence to send a case to the prosecutor. Other times, the prosecutor's office rejects the case for insufficient evidence.  If it's filed then you can have a lawyer defend you in court.  Good luck!... Read More

If you were charged under TX law, Unlawful  carry of a firearm is a class A misdemeanor. The punishment range is up to 1 yr in county jail, and a fine up to $4k. You may have legal or factual defenses; and, you may be able to do probation, not jail time. In some instances, we even get these dismissed after the person completes conditions - just keep in mind that every case is different, and many factors will come into play. Under Federal law there are firearm offenses as well, but most often are prosecuted where there is an illegal weapon (full auto, sawed off shotgun, etc), or the person is a convicted felon with a firearm. "not reading your rights." - this only matters if you are questioned after being taken into custody. Your miranda rights attach when you are arrested and intereogated. If they don't question you after arrest, it really makes no difference. Hire a lawyer you trust for the best outcome. You can't choose your appointed attorney, but if you cannot afford to hire someone, make sure to follow up with appointed counsel frequently.... Read More

Driving with an expired license is a class B Traffic Infraction carrying up to a $100 fine as the penalty. I beleive it does not mateer if it is from anotehr state. Be aware, however, that if Colorado is your residence you must get a Colorado license within 30 days of it becoming your residence. ... Read More

Dear Ms. Kabi:   what your ex-boyfriend did is not just morally reprehensible, but also a serious crime.  There were many people in need of funds who did not receive them because of fraudsters.  I would encourage you to report the fraud by calling the National Center for Disaster Fraud Hotline: 1-866-720-5721 Best regards,   Adrienne... Read More

You are correct - this scenario you describe makes no sense. If there is a warrant, you should have been released only after posting bond - or signing a 'personal recognizance' bond - and the bond form you signed (which you would have been given a copy of) would have a court date on it. It makes no sense to be fignerprinted etc. but not given a court date.  If I were you, I would contact the Court clerk in the county that the warrant is from and ask about whether a court date is set, etc.  If you cannot find out from a Court clerk I would definitely hire a lawyer to help you figure this out. ... Read More

If you have a felony conviction and are charged with a felony drug offense, you can get probation from a plea agreement with the district attorney, or it can be granted by the judge. At trial, you would not be able to get probation if convicted. if you do not have any felony conviction, you can get probation from the judge, DA, or at trial, if sentenced to less than 10yrs.... Read More

Surrendering with an attorney has some advantages, the most important of which is that once you're represented by counsel, the police should NOT interview you without your lawyer present. As far as going straight to Court, the police will still have to process you (fingerprint, get your pedigree information, etc.) however, many times if you're represented by an attorney they can speak with the detective to arrange a beneficial time for you when the detective is not otherwise busy that may result in a reduced processing time and get you out more quickly. ... Read More

They can revoke your parole for violating any of the conditions of your release. This includes making appointments, doing classes or rehab, obtaining a job, or violating the law. They do not need an indictment or conviction to revoke your parole on this basis. If he has a pending felony accusation, typically they wait until those charges work out before proceeding to a hearing on the motion to revoke parole - and during that time the offender will remain in custody. Whether its the hearing on the motion to revoke parole or the new criminal case, he is more lilely to obtain a better outcome if he hires an attorney he trusts. Some appointed attorneys are great. Most are not - but you don't get to choose.... Read More

You have a right to effective counsel.  If this was denied it needed to be brought up before the court by yourself.  If you feel that your counsel or right to have counsel was not effective you can contact an attorney who does post-conviction relief. Usually, at a plea colloquy, the court will ask whether you are satisfied with your counsel... Read More

You should hire an attorney to represent you in the matter and make sure no further court dates are missed.  Depending on whether this is civil or criminal there can be some very serious consequences for failing to appear.  In civil court you will only end up with a default which if handled quickly can be opened and fixed.  In criminal court, you may end up with a new felony charge which is not so easy to fix.  Please feel free to contact my office for further assistance. My partner Attorney Whewell is very experienced in this type of matter. 203.870.6700... Read More

You have the right to say nothing. If you really haven't done anything, all you are doing is slowing down the process of vindicating yourself. But yes you can be arraigned. They bring in the arresting officer to witness that you are the person they brought in and, if you happen to have been caught with your license, will state they verified your ID after arrest. I suggest you say nothing incriminating and speak to your lawyer.... Read More

I am not sure what your question is. Do you mean the complainant signed an affidavit of non-prosecution? That does not guarantee the District Attorney will dismiss the case. They have the final say on prosecuting alleged offenses. IF you are looking to hire an attorney, read some reviews and choose the person you believe the is the best person you trust to defend you. Good luck.... Read More

We all pretty much assume the system can't work at all if people don't come testify, so you can ask your lawyer whether you might have any legit reason to disregard a subpoena (don't hold your breath that you do) but otherwise so long as you're alive I can't think of any reason to legitimately dodge it. Please stay alive regardless of the subpoena!... Read More

Assault family violence is a class A misdemeanor. It is punishable by up to 1 yr in county jail, and a fine not to exceed $4,000.  Getting convicted of a family violence offense will have lifelong consequences. A conviction (or even guilty plea and deferred adjudication probation with no conviction) means you lose the right to purchase a firearm with a federal background check, and it is illegal for you to possess a firearm anywhere for 5 yrs following release from jail, pr probation. People that claim they have been assaulted do not "press charges." Thats what the district attorney does. The DA will have the final say on if the state presses charges or dismisses them - wheb someone says "they didn't press charges," it confuses how the system work. If they think they can prove the case, it does not matter if the victim wants them to, they can proceed. The range of punishment is the same, whether he pays the bond or not.  The only difference is waiting in jail until a trial or plea.  ... Read More

The county where his probation originated retains jurisdiction, even when probation is "transferred." If the State believes any term or condition of probation has been violated, they can file a motion to revoke probation. A warrant is then issued for the persons arrest that is on probation, and a hearing is set. The Judge has the final say on what to do with an alleged probation violation, and it can be reinstated, extended, have conditions added, or revoked.  If your son was on deferred adjudication probation, he is entitled to a bond. Even if one is not set intitially, his attorney can get one set. Your son has a right to an attorney to represent him in a probation revocation action. He is also entitled to a hearing in front of the Judge, where he can present evidence or testimony in his defense. If he cannot afford an attorney, one will be appointed for him.   ... Read More