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Texas Criminal Law Recent Legal Answers from Lawyers

Texas Criminal Law Recent Legal Answers from Lawyers
Is it possible that you will get extended, but improbable if they stick you with the meth.  Meth defense Probation Revocations
Is it possible that you will get extended, but improbable if they stick you with the meth.  Meth defense Probation Revocations
Your question is not entirely clear. I would be more concerned about her trying to scam you than her being used to arrest you. She's going to have credibility issues and if this were a sting, you would likely have been arrested right there. That being said, the exchange of funds is not necessary to prosecute a prostitution charge. An agreement is sufficient. Learn more: Prostitution Defense      ... Read More
Your question is not entirely clear. I would be more concerned about her trying to scam you than her being used to arrest you. She's going... Read More
A theft is considered a crime of moral turpitude in Texas. A theft under $100 without priors is a Class C misdemeanor, not a felony.  A conviction will remain on your record forever and you are an adult in criminal courts in Texas at 17. You want to avoid a conviction. 
A theft is considered a crime of moral turpitude in Texas. A theft under $100 without priors is a Class C misdemeanor, not a felony.  A... Read More
There are a limited number of ways to resolve a case and still be eligible for an expunction. A dismissal is certainly one way, but not every plea of guilty will later be eligible for an expunction.  Theft Charges in Texas
There are a limited number of ways to resolve a case and still be eligible for an expunction. A dismissal is certainly one way, but not every plea of... Read More
Any case can be dismissed. Whether a prosecutor will dismiss it is a function of many things including the strengths and weaknesses of the case, who your attorney is, the good things your attorney can say about you. Best case: dismissal. Worst case: 1 year in jail if the value is $2,000. Theft defense. ... Read More
Any case can be dismissed. Whether a prosecutor will dismiss it is a function of many things including the strengths and weaknesses of the case, who... Read More
I would advise you to be very careful. Child porn is contraband so no one should have it other than law enforcement. Anyone who has it can be charged. Also be aware that it is a common tactic to extort people, so again be very careful. Worth reading: Child Pornography Defense
I would advise you to be very careful. Child porn is contraband so no one should have it other than law enforcement. Anyone who has it can be... Read More
From your message, it is not entirely clear if those Class B misdemeanor thefts became convictions. Generally speaking a theft that was deferred and certainly, one that was dismissed is not considered a theft conviction.  If they are theft convictions, then yes, two prior theft convictions means a new allegation of theft under $2,500 is a state jail felony in Texas. It doesn't matter if the new theft is for 99 cents or $2499.99; it's still a felony. You can learn more about theft enhancements here: Theft Defense That being said, you already have an attorney. If you can't reach her by phone or email, stop by her office. You have the right to expect communication and reasonable updates on the case. ... Read More
From your message, it is not entirely clear if those Class B misdemeanor thefts became convictions. Generally speaking a theft that was deferred and... Read More
It is common for assault charges in Texas to be brought to trial with just one witness, that is the alleged injured party. The fact that there is only one witness will not keep the prosecutor from pressing forward with the charges. A typical assault charge is a Class A misdemeanor punishable by up to a year in jail. Your attorney will have an opportunity to cross examine the alleged victim or any other witness. You will also be able to subpoena witnesses on your behalf and if there are no other witnesses then your attorney will focus on discrediting the witness. For more information about the charges generally, you can click here: Assault Defense in Texas. You can also consider subpoenaing records from the school through a subpoena duces tecum. ... Read More
It is common for assault charges in Texas to be brought to trial with just one witness, that is the alleged injured party. The fact that there is... Read More
You need to hire the best representation for her that you can afford. From the facts provided, it sounds like your daughter has been charged with Indecency with a Child by Contact. That offense is a 2nd degree felony, and carries a potential penalty of anywhere from 2 years in prison, up to 20 years in prison. Additionally, a conviction for that offense would require her to register as a sex offender for life. Even if the girls were discovered in a compromising position, there are avenues of resolution that can be pursued to avoid prison, or the lifetime registration requirement that would be imposed if she were convicted.  Feel free to contact me to discuss the matter more fully. Best, Rick... Read More
You need to hire the best representation for her that you can afford. From the facts provided, it sounds like your daughter has been charged with... Read More
If he is more than 36 months older than you, he runs the risk of being accused of sexual assault of a child, even if the sexual contact is considered consensual. Even though you state only kissing and the such, sexual contact is a possibility. It does not have to be actual intercourse. The young man is just being careful. If you are less than 36 months apart, he does not have anything to worry about as long as he does not posses or definitely take any nude photos or video of you until you turn 18.... Read More
If he is more than 36 months older than you, he runs the risk of being accused of sexual assault of a child, even if the sexual contact is considered... Read More
If it's your first crime committed, it's highly unlikely that you would not be at least eligible for probation. You should make an appointment with a local criminal defense attorney.
If it's your first crime committed, it's highly unlikely that you would not be at least eligible for probation. You should make an appointment with a... Read More
In Texas, as long as the two parties are over 14 years of age and they are less than 36 months apart and it was consensual, no charges will be brought against the older party. There is an exception to having sexual contact with a person younger than 17 years old commonly known as the Romeo an Juliette. Good luck with the baby.... Read More
In Texas, as long as the two parties are over 14 years of age and they are less than 36 months apart and it was consensual, no charges will be... Read More
You actually qualify for an expunction if you are correct that it is a class C misdemeanor. Filing fees are approximately 300 dollars. Attorneys charge anywhere from $500.00 to the $3000.00 for an expunction.
You actually qualify for an expunction if you are correct that it is a class C misdemeanor. Filing fees are approximately 300 dollars. Attorneys... Read More
I would not worry about it. He can not have possession of a firearm under the circumstances you describe. Possession is care, custody and control. He lacks all of those in your situation. He will be fine unless he decides to break into your room and your safe and gain access to the weapon.
I would not worry about it. He can not have possession of a firearm under the circumstances you describe. Possession is care, custody and control. He... Read More

What is he facing and what are my options?

Answered a year and a month ago by attorney Mr. Lucio Antonio Montes   |   1 Answer
If I had to guess, he is charged with a first degree felony and he is facing 5 to 99 years in jail. If you can afford it, the two options you have are to bond him out and or hire a criminal defense attorney. There is not much else you can do for him. You should make an appointment with a criminal defense attorney to give you a better idea.... Read More
If I had to guess, he is charged with a first degree felony and he is facing 5 to 99 years in jail. If you can afford it, the two options you have... Read More
Who goes to trial 1st is up to the court. You should consult a criminal defense attorney. There are to many details that need to be considered to give you any real advice. Since no case is exactly the same, it's impossible to give you the success rate of defending your particular case. Please go see an attorney and do not try to wing it yourself. The truth does not necessarily set you free in criminal cases. Good luck.... Read More
Who goes to trial 1st is up to the court. You should consult a criminal defense attorney. There are to many details that need to be considered to... Read More
Do not take the blame until you have spoken with a criminal defense attorney. If you work out a deal to take the blame and in turn they dismiss the other person's case great, otherwise keep your mouth shut. Additionally, more than one person can be charged for the same crime, in the State of Texas. It is called the law of parties. Do yourself a favor and speak to an attorney before making rash decisions. Good luck.... Read More
Do not take the blame until you have spoken with a criminal defense attorney. If you work out a deal to take the blame and in turn they dismiss the... Read More
She would be liable for your bond, if she is the one that posted your bail.
She would be liable for your bond, if she is the one that posted your bail.
No, there is no way to challenge. You signed a document that gives the judge the power to do just that. The alternative is that you are revoked and sentenced to time. At times that is the best option, especially if you are not likely to stay clean. The jail sentence is to attempt to make you comply.... Read More
No, there is no way to challenge. You signed a document that gives the judge the power to do just that. The alternative is that you are revoked and... Read More
Yes, it is likely that once the test come back positive you will be charged with possession of a controlled substance. They have a choice of letting you go until they confirm you possessed a controlled substance or take you to jail and then confirm.
Yes, it is likely that once the test come back positive you will be charged with possession of a controlled substance. They have a choice of letting... Read More
If it is less than 100 dollars, then you are facing a class C misdemeanor theft case.
If it is less than 100 dollars, then you are facing a class C misdemeanor theft case.
She needs to hire an attorney. Let the attorney speak with law enforcement. If she was involved in a collision, and left the scene, she could be facing serious criminal charges. If only property was damaged, it could be a misdemeanor. However, if anyone in the other vehicle was injured, she could be facing serious felony charges. ... Read More
She needs to hire an attorney. Let the attorney speak with law enforcement. If she was involved in a collision, and left the scene, she could be... Read More
From the info you provided a crime has not been committed yet. You should stay away from him to avoid any chance of him sexually assaulting you and also avoiding any unwanted sexual advances. Tell someone other than your friend and do not take any chances that endanger your safety. By the way, if you are 17 and have consensual sexual contact with the man, it is not a crime.... Read More
From the info you provided a crime has not been committed yet. You should stay away from him to avoid any chance of him sexually assaulting you and... Read More
We make Bail Bonds in Tarrant County Only---Please contact our office for further assistance! Thank you!
We make Bail Bonds in Tarrant County Only---Please contact our office for further assistance! Thank you!
No. The Miranda rights you are referring to only have application in a situation where a person is interrogated while under police control, and makes admissions in response to questioning that could be used to obtain a conviction. Miranda is not a prerequisite to arrest. All law enforcement needs to make a valid arrest is to be able to articulate a belief that there was probable cause for the arrest.... Read More
No. The Miranda rights you are referring to only have application in a situation where a person is interrogated while under police control, and makes... Read More