Justin, TX Criminal Defense Law Firms & Lawyers

Of course you should be worries. If you've been to prison, you are likely familiar with the concept that the cops can arrest a person for just about nothing. All they have to do is convince a DA or magistrate that they have PC to arrest you. It sounds like you have a good legal defense, in the event they do pursue charges. But, you should definitely be careful. I wouldn't be sending texts to the person that was arrested for the POCS, unless I had to. If you do communicate with that kid, do yourself a favor: go buy a digital camera. Take a picture of every single text message on your phone that  you have sent to that kid. Make sure the time and date and content of the messages is clear. Email those pics to yourself. When cops or lawyers go after cell phone records, very often we can get records that show a message was sent. But, it is rare that we can get records that show the content of the message. So, if all they get is a bunch of text messages, they can fill in the blanks themselves. Don't let that come back and bite you in the behind. Also, I would recommend you not talk to them, if they ask. If they call, you should call an attorney right away.

There is a two year statute of limitations for filing a complaint in a misdemeanor. The practice in Dallas is to carry the case after filing for a number of years. Each County has a different practice. The state has a duty to make reasonable efforts to locate and arrest and it may be a defense that they took too long. If you have been at the same address and it is a published address you may be able to use this defense if you are arrested.

Better hope that Judge doesn't find out about the new allegations, or they can revoke your deferred on the consumption. Hire an aggressive lawyer in your area to do damage control.