Texas Felonies Legal Questions

Sometimes agreements can be worked out for dismissal of charges if certain conditions are finished first. Only the lawyer on the case will be able to know if that is possible or not. Look up lawyers in your area. Read client reviews. Contact several lawyers directly to setup a consultation. Hire the lawyer you trust to defend your case.  Good luck. ... Read More

You should really hire an attorney, if you're able: 1. There could be a constitutional violation with respect to the search of your car.  2. Field testing for drugs is very unreliable, and from the sound of it, the officer had no idea what the substance was.  There could be other issues with the case an experienced attorney can leverage in an attempt to resolve the case in your favor.  Feel free to contact me if you have more specific questions.  Best,  Rick ... Read More

Unless you paid an attorney to file a petition to expunge the arrest records the FBI search will reveal it. Still, even if you had paid an attorney to expunge the arrest records, the FBI could probably still see the ticket. It sounds like the judge was talking about a deferred disposition. I call those slow dismissals. So, once the probationary period (usually 90 days for most traffic offenses) is over, the case is procedurally dismissed. Dismissed is not the same thing as "not on my record." Dismissed means there will not be a final conviction on your permanent criminal record. In your case, what the FBI will see is that you were arrested and charged with a Class C theft, and that the case was ultimately dismissed.  ... Read More

There are two varieties of evading arrest. One is a misdemeanor. The other is a felony. If you are accused of evading in a motor vehicle, which is what you've been charged with, you will be facing the felony. And, running a stop sign, by itself, is certainly not enough to convict for that offense. So, hire a good lawyer who's willing to fight for you.... Read More

You're asking a good question, but unfortunately, the wrong question (at least initially). The real question here is whether that video is good enough evidence against you to get an arrest warrant issued. If the investigator thinks it's you, then the answer, unfortunately, is probably yes. Whether the video by itself is good enough to convince a jury beyond a reasonable doubt it's you is a different question, entirely. Your first step is to cease speaking with police. Next, hire a defense attorney. Your perception was correct: the police will twist everything you say to make it seem like you're guilty. Don't give them the opportunity to keep trying to do that. ... Read More

If you're not satisfied with your court appointed lawyer, you need to hire one that will fight for you. I have gone to trial on lots of "he said/she said" cases. Usually, a very close look at whatever evidence they have can yield at least enough of a foothold for a defense to be put on.  Don't skip town to avoid the sentence. That's probably the worst thing you could do. Skipping town will toll the statute of limitations. What that means is that if you run, and they catch you, in a week, or a month, or a year, or twenty years, you'll have to face the sentence imposed. Also, you'll have a new felony charge to go with it, for jumping your bond. Further, if you're skipping town before entering a plea, that will in all likelihood guarantee that the Judge and DA refuse to honor that plea. So, yes, it will get worse. A lot worse. Find a way to hire an attorney you trust. That's, generally, the best way to ensure you get a fair resolution to your case, in my opinion.... Read More

It is the Judge in any particular court that can (and usually does) impose bond restrictions on any particular kind of case (and usually does). The Judge has pretty broad discretion to impose any restriction they think is fair. It is not uncommon for the restriction you mentioned to be imposed on a case of that nature. It is possible to get a bond condition changed. What would need to happen is that your attorney would need to approach the Judge and discuss it. If the Judge agrees, it can be changed. If not, then not.  Also, there is a legal defense available in your case. You need to hire a good attorney to ensure you are properly protected. It's not illegal to discipline a child.  Rick... Read More

That may be true. If no one was living there the correct charge may be Burglary of a Building, or perhaps a Theft case could be negotiated on your behalf. If it can be argued that the building was abandoned, and so with it the property inside, then it's theoretically possible no charges should be filed.... Read More

It's definitely not a good thing that he picked up the new case; especially since it's essentially the same kind of case (burglary and theft are both basically thefts). But, there's no guarantee he'll do prison time. It really depends on the County in which he is charged. It depends on the facts of the new theft case. How long he's been on the probation. What kind of probation he's currently on (straight probation or deferred). Any prior criminal history. There's a bunch of factors that go into what happens next. If he doesn't already have one, he needs to hire an attorney immediately, to try and minimize the damage.... Read More

What you have described is a very serious felony offense. There is no question you will have to return here in order to answer to the charges. There may also have been an additional charge filed for felony bond jumping. If you're still overseas, you'll need to coordinate your return and the defense against the charges with your attorney. Feel free to respond with some additional information so that I can give you better guidance.... Read More

It depends. The best thing you can do is to hire an attorney who is familiar with the County in which the case is pending. There are resolutions to a case such as the one you describe that would result in the charge being dismissed, and then subject to a petition to expunge. Don't go in there and just fall on your sword. A conviction for theft being on your permanent criminal record is a very bad thing. You're looking at a Class B misdemeanor, given the value of the property alleged stolen. So, the maximum range of punishment is 0-180 days in County jail, and/or a fine of $2000. The fact that you have no priors opens the door to some alternative resolutions, though. That's why you need an attorney; to guide you through that part of the process. ... Read More

Age of consent is 17, so their threats, insofar as they relate to any conduct occurring after the girl's 17th birthday, are indeed empty. However, be careful you do not admit to any sexual congress with the girl when she was younger than 17. They could still go to the DA and tell them you were having sex with her before she reached the age of consent. Then, you could be charged with Sexual Assault of a Child (under 17).... Read More

You're definitely going to need an attorney. It's pretty unlikely that things won't move forward with cops and the district attorneys office. The only impact what other people have stolen is that there's a chance they may blame it on you, which could elevate the charge from a misdemeanor to a felony, depending upon how much stuff they say you took. If you've got a relatively clean criminal history, there is no reason you should end up in jail. Also, you may be able to prevent it from becoming a conviction on your permanent criminal record. One thing you need to do for sure is not post such specific details about your involvement on this site, or any other web site. If you have reason to believe you will be charged with a crime (and you do) you need to seek the advice of counsel, and go from there. ... Read More

I'm not sure what your question is, but if you successfully completed the deferred from when you were 17, you may be eligible to have it sealed. Once sealed, most entities would be prevented from seeing that aspect of your criminal record. Your record would still not be perfect; but it would be closer.... Read More

If it's a conviction it cannot be sealed. If the case was tried and you were acquitted, you are entitled to expunge the records. If the case was dismissed pretrial you should be entitled to expunge the records. If the case was dismissed as a result of a successfully completed deferred probation, you may be able to have it sealed (i.e. an order of non-disclosure).  Hope this helps.... Read More