Texas Criminal Defense Legal Questions

If the only reason you are wearing an ankle monitor is because you were ordered to as a condition of bond, and then the case was dismissed, all bond conditions are no longer in force. Although I don't foresee how the judge would still have any authority over you if you were to cut off your monitor, why risk it? Call your attorney, bail bondsman, and/or bond officer and ask when you can get it off. It should be immediately, but why cause trouble for yourself if there is something you are not aware of and you cut it off prematurely? ... Read More

Good question. The issue is whether his right to a speedy trial has been violated. Your dad should consult his attorney about whether he wants to file a motion to dismiss for violation of his right to a speedy trial.  The seminal case on point is Barker v. Wingo. There are four main factors a judge looks at to determine if someone's right to a speedy trial has been violated. First is the amount of time that has passed. Typically 8 months is the minimum.  Second, has your dad requested a trial? Third, what is the cause of the delay? Is the State ready to proceed to trial? Has your dad wanted to go to trial? Fourth, what is the prejudice that your dad has suffered as a result of the very long delay? All four factors are important but no single factor is dispositive. Courts are hesitant to grant speedy trial motions, but if your dad has been prejudiced and the State has not been ready for trial, then it is definitely an avenue worth pursuing.... Read More

I would not go back. It sounds like you were given a Criminal Trespass Warning (CTW). These warnings are usually indefinite, meaning you can never go back to that location (or possibly all locations of that store depending on what the CTW says. Sometimes the warnings only last a year or two, but the police typically give you a piece of paper stating the location, the date and time of the CTW, and how long it lasts.  If you were given a CTW and the police catch you on the premises again, you could be arrested for a class b misdemeanor of Criminal Trespass. It is not worth the risk, whether you are shopping legitimately or not, you are not allowed to be there. I would shop somewhere else.  ... Read More

I'm sorry to hear about your pregnant wife. I hope you were able to bond her out of jail immediately. Simply driving a stolen car is not a crime in and of itself. The State must prove either that she stole the car, or that she knew she did not have the owner's permission to drive teh car. The two most common charges I see from what you described are Theft of Property and Unauthorized Use of a Motor Vehicle. In order to prove theft, the State has to show that your wife took the car without permission, not simply that she was found after the theft driving the car. You will have to look at when the car was stolen compared to when she was found driving the car. Was there any evidence she took the car? Also, the degree misdemeanor or felony it will be depends on the value of the car. If the car has a fair market value of $2,500 to $30,000, then it will be a state jail felony. If it cost more than that, then it will be increased to a third degree felony. If the car is cheap and doesn't cost more than $2,500, then it would only be a misdemeanor theft. More likely than not, the State would charge her with Unauthorized Use of a Motor Vehicle. This is a state jail felony where the State has to prove that your wife KNEW she did not have the owner's consent to drive the car. These cases are very case specific. What she said to the police will be very important. Who owns the car? When was the car stolen? How did she obtain the keys to the car? Is there any evidence the ignition was tampered with? These and similar questions must be answered to see if the State can prove beyond a reasonable doubt that she knew she did not have permission to drive the car. If the State cannot prove she did not know she did not have permission, it is possible to get the case No Billed by the grand jury. Best of luck!... Read More

You could hire an attorney. Assault on a peace officer is a third degree felony. If convicted it is 2 to 10 years in prison and a fine up to $10,000. If he was hospitalized around when the time it happened, he may have a defense. The intent element can be challeneged if he was medicated or undergoing a medical emergency.   Tristan LeGrande... Read More

We can't quote prices on this forum, but it would be notably less than representation on the case from the start. Considerations include if you have completed community service hours, paid all fines, fees and restitution, if you have had issues on probation, and whether probation is holding you back. The code says the judge can grant it if it is in the best interest of the defendant and society.... Read More

Your initial appearance will be to determine if you have hired a lawyer to represent you. Unless it is a condition of pretrial release (where you made a bond with the county of arrest) you would not be drug tested on the initial appearance.  You should hire an attorney to help you evaluate your legal options.  You should be prepared to discuss with the attorney the interactions you had with the officer and what you allowed him to do.  For instance, was the vape pen in plain view of the officer? Did he say he could smell and odor of marijuana coming from your vehicle or you? Gather all the documents related to your arrest so the attorney can review them.... Read More

Absolutely. You could have been in absorption, meaning that your bac at time of driving was lower than when thr test was taken - later, and after driving had stopped. Also, when its that close, you can't trust a machine like that to be that precise and reliable on a breath test. Hire a dwi lawyer that knows how to win dwi cases, and yes, a low bac, even over .08, can be won.... Read More

There could be a pending motion to revoke parole. If there are pending criminal charges, that os very likely the case. The parole board will wait until thr new cases resolve to make a decision on the motion to revoke parole. He could be sentenced to time in prison on the new cases, or, if his parole is revoked. He should hire an attorney to represent him on both the cases and the revocation if he has the means to. Felony cases can be won, and parole can be reinstated, in many circumstances.... Read More

The affidavit is good evidence to have. It is a strong affirmative link indicating him being in sole possession of the weapon. Possession means intentionally and knowingly having care, custody, control or management of the item. You can't accidently or unintentionally possess something. In situations where something like a weapon is found in an area of a vehicle that multiple people have access to, "affirmative links" are what the law considers, to determine whether either of the people (or both) were in legal possession. Affirmative links are things like who was driving the vehicle, who owned it, where the weapon was found, etc. The other party signing a sworn statement that it was theirs and theirs alone is also an affirmative link (in your favor).  But if your question is 'what do I do now?' Make sure your lawyer knows the law of possession real well. If he doesn't hire someone that does. Because if the DA can't be convinced to dismiss, the atrorney has to be able to fight your case at trial and win. ... Read More

If you are looking for an attorney to defend you in the charges against you, you need a criminal defense attorney. I can help you with that type of case. I defend many people accused of assault and domestic type issue cases. I have over 85 five-star reviews. Feel free to give me a call or email to discuss representation.  To help assist you and look up your criminal case: Your name Date of birth County where case has been filed against you   Tristan LeGrande 281-684-3500 tristan@legrandelaw.com... Read More

If you completed deferred adjudication probation, you may be eligible for an order of nondisclosure. That will not get it off your criminal record, but it does seal the record from public disclosure - meaning that it would only be visible to government agencies and licensing organizations. If you plead guilty and were placed on probation, you can never get it expunged and erased from your record completely. ... Read More

Ws it associated with a criminal case? If so, an attorney can file a motion to return seized property. The Judge would sign an order commanding whoever has it to return it. How much is it worth? An attorney would charge you for their time. Unless the item is worth a significant amount of money (over $500 to $1000), it would not probably be worth it to hire an attorney to help you get it returned. If it is NOT associated with a criminal case, small claims court if its under $10,000 in value. Do not expect that you will find ANY attorney to take on a civil case of this nature on a contingency fee (like in a car accident case where the client pays nothing up front, and the attorney gets paid in the end). If you want to hire an attorney to sue for the property back, expect to pay a retainer fee up front, and the attorney to charge against that retainer hundereds of dollars an hour. The long and the short of it? If its worth a lot of money (or has sentimental value, I suppoer), then hire an attorney to get it back. Otherwise, handle it yourself or let it go.... Read More

First, this does not sound like a business litigation case, i.e. a dispute between owners of or investors in a business entity.  This sounds more like a criminal law matter. These "ask a lawyer" questions generally are categorized by practice area.  You are more likely to reach a lawyer who practices in the area of law you need if you recategorize your question as in the practice area of "criminal law."Second, you probably need to contact directly an experienced appellate attorney who practices in the area of criminal law in or near the county where the conviction occurred.  A question like "can you help" is too vague to answer in a public Q&A forum like this.  Your loved one really needs to have an extensive privileged conference with a criminal defense attorney so that confidential details pertaining to the case can be discussed without making them public in a forum like this.  Be aware that the time to appeal once a trial is completed is very limited, so he should contact a criminal defense attorney with appellate experience immediately.... Read More

You should resubmit this question using the practice area "criminal law."  It does not appear to involve business litigation.Attorneys will only see your question if it is listed as being within a practice area they list in their profile.  Very few business litigation attorneys also practice in the area of criminal law.  So you are targeting the wrong audience.... Read More