TEX CR. CODE ANN. § 32.01 : Texas Statutes - Article 32.01: DEFENDANT IN CUSTODY AND NO INDICTMENT PRESENTED When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against such defendant on or before the last day of the next term of the court...
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1. The judge can issue a warrant on the spot. Call the court tomorrow, tell them you missed your court date, and ask them to reschedule, and withdraw the warrant if one has been issued. If the court refuses, and you don't have the funds to hire an attorney, you should turn yourself in and ask for a public defender. 2. You were a party to the activity so you are guilty under the statute as well. 3. They are trying to arrest you because you missed your court date. 4. It's too early to decide...
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From your description there are numerous violations of your constitutional rights here. The officer cannot enter your home without your consent, and cannot question you without informing you of your right to remain silent and right to an attorney. There are evidence problems as well. You do need to consult with an attorney knowledgeable in criminal law to assist you.
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First of all, history shows us that a woman scorned is a very dangerous thing (remember Fatal Attraction!) From your description it sounds like there will be some problems with the State's case. I would recommend he talk to an attorney knowledgeable in criminal law about his options before proceeding further. I think you got the code wrong, the one you cited is for patents. Good luck with the case.
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Got a call from whome? I agree--talk to nobody about anything, find a criminal defense attorney and let him or her look into it for you. As to the question can you get arrested--sure you can, if the police department finds probable cause that you committed the crime, whether you remember it or not.
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Have you contacted the school and explained what is going on? What is the legal relationship between the three of you? These are preliminary questions that need to be answered before proper advice can be given.
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You can be violated for any breach of the probation agreement, so it depends what you agreed to as terms of your probation. If you agreed not to view pornography, and agreed to be tested by polygraph, then you can be violated. If you are violated, the judge can do three things; revoke your probation and put you in jail for the remaining time; modify our probation by extending it, adding provisions, etc, or nothing. I would recommend a chat with a local attorney who knows the specifics of your...
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It is possible that if you call the court and promise to appear they might vacate the bench warrant. You should contact an attorney in the county the warrant was issued to assist and advise you.
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1. In most European, an oath to tell the truth is not taken because it is assumed that people will lie. In our system, despite the fact that everyone knows people lie, we make them take an oath to tell the truth anyway, even though we recognize the hypocrisy of this requirement. But the short answer to question #1 is it is theoretically possible but never happens, because the finding of guilt in a trial in which the defendant testifies is for all intents and purposes a finding of perjury. 2....
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It sounds like there may be some issues with your charge. The only way you will be able to find out what those issues might be is by consulting with an attorney. The officer had to have probable cause to stop your vehicle, as well as to search your vehicle, unless you gave permission. Even then, there may be issues as to the legality of the search. Furthermore, the question of possession not a simple one to answer. In addition, most Indiana counties have a pretrial diversion program for...
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