Just Find Your Answers Below:
Q. Everything of that offense page of what I am accused of must be proven by the prosecutor or I am not guilty?
A. Yes. The state has to prove each element of the complaint or indictment beyond a reasonable doubt. These generally include date, location, your identity, the physical part of the crime and mental part of the crime, if required.
Q. Do I have any say in my own case? My court appointed lawyer says no.
A. Absolutely. It is your case. You ultimately make the important decisions while the lawyer may make tactical decisions. Google the Texas code of ethics and client centered lawyering.
Q. Can my brother get time served for his case if he’s never had priors or even a record? He was never arrested on the night of questioning, there was no physical evidence, and the victim says she doesn’t remember anything about the night in question, they charged him with Assault Fam Vio Impede Breath/Circ. also the girlfriend went to the court 3 days ago to get an affidavit for a non-prosecution but they said he’s already been indicted.
A. It is very unlikely. Your brother has been charged with a felony, and it is unlikely that there will be such a low offer that he can get out today. MORE IMPORTANTLY, if there is no evidence against him, WHY PLEAD GUILTY? Taking time served means you are convicted. Very few crimes have the same consequences as assault family violence.
Q. My boyfriend was on parole and picked up three new felony charges. What would be reasons that defense would request a reset on a disposition setting?
A. The best reason for the reset would be that pleading guilty to the new charges would be used against him for the parole violation case. Maybe he wants a trial? Maybe there is more discovery to be done? Maybe the officer could be better. There are a whole host of reasons.
Q. How can I see if an old expunged arrest still appears on my record?
A. You can purchase a background check from the Texas Department of Public Safety online.
Q. If you went to the police station voluntarily, and the detectives did not record the entire interview, can it be suppressed?
A. Hire a lawyer. Those statements will be used against you. You need a lawyer that is highly skilled in cross examination to attack the statements. Not being recorded is not grounds for suppression.
Q. I was out on bond for a motion to revoke probation on a misdemeanor POM charge and I failed to appear to court a couple months ago. Do I need an attorney?
A. Yes, you absolutely need a local attorney. Many give consultations and will arrange for you to turn yourself in and pay a new bond, as well as represent you at your hearing.
Q. I’m 26 years old and currently on deferred adjudication probation. I’m within a month or so of getting myself an early termination of probation. During this last month however I made some serious errors and received two citations for shoplifting. What are the chances of getting my probation terminated early?
A. He prosecutor will undoubtedly notice that you picked up “new law violations.” Not only will the state oppose your motion to early terminate, but file a Motion to Revoke Probation. The consequence of that would include serving up to the entire range of your deferral conviction. You may be “violated” even if you don’t file or go through with the motion to early terminate. You need to speak to a few attorneys and find the right one for you. Good luck!
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