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Jeffrey Brian Richter

Jeffrey Richter’s Answers

91 total


  • I am currently in possession of an "vapor cigarette/e-cig" am I legally allowed to have this?

    It does not contain tobacco, so Therfore, those laws should have no control over them. I know it is not legal for a minor to buy one, but you can get one with a parent, so is it legal to have it?

    Jeffrey’s Answer

    Many cities, including Frisco, have enacted their own ordinances outlawing possession of e-cigs (which contain nicotine) by minors. If you are found in possession of it, you can be ticketed and face having to pay a fine.

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  • Im 15 and got Caught Shoplifting in Walmart

    Me and a friend got caught with about $500 worth of stuff in our backpacks we were walking out of the store when the guy stopped us and took us into a room and told us to sit down and wait. He came back with 2 cops and they just took our backpack...

    Jeffrey’s Answer

    Juvenile records are generally private, but there are still things an experienced juvenile defense attorney can do for you to guard your future and minimize any harmful consequences. As soon as possible, you and your parents should consult with an experienced, local defense attorney - one who also has experience in defending juveniles, as the juvenile system is different than the adult criminal system.

    "Deferred prosecution" is a type of pretrial diversion, or informal/non court-ordered probation, available to juveniles in Collin County who have no criminal history; it allows you to avoid having any record of an adjudication (the juvenile equivalent to an adult finding of guilt). It can be very beneficial for students who are preparing to go to college soon. Additionally, keep in mind that you will be able to seal any records relating to the charge after you successfully complete your disposition (punishment). This is something you should discuss with an attorney. There's no reason that one bad decision should permanently remain on your record. Best of luck to you!

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  • My son is 18 yrs. old and was charged with theft class b misdemeanor. It's his first offense. He is away in college and his

    court date is at the end of the month. He will have to come home from school for his court date. What are his chances of going to jail. Will he have to drop out of college? Should I get a lawyer? I can not afford a lawyer. what are my options?

    Jeffrey’s Answer

    There's really no likelihood at all that your son will go to jail in this situation - a class b misdemeanor with no prior criminal history. In fact, if the case is in Collin County, there's a very good chance that he would qualify for the pretrial diversion program, which would allow him to have the case dismissed after he completed an informal probation. He could then have the case expunged (meaning that all records of the arrest, charge, court case, etc., would be ordered to be destroyed). An expunction/expungement would allow your son to deny the existence of the incident.

    I recommend that you schedule an appointment with an experienced, local criminal defense attorney as soon as possible. Many of us offer free initial consultations. Best of luck to
    you!

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  • How do i get a class c misdemeanor off my record it started as a class b misdemeanor ?

    when i lived in texas i took $100 in stuff from walmart served a night in jail when i went to court the district attorney said since i was paying the walmart lawyers i would only a class c and not class b misdemeanor and my punishment was 6 months...

    Jeffrey’s Answer

    The only class C "probation" would be a deferred disposition, which can be expunged. I'd recommend you contact an experienced, local defense attorney to discuss your eligibility for expunction. An expunction when granted will require all entities who have any records related to your arrest, court case, etc., to destroy those records. Once a court orders the expunction, you are then legally allowed to deny the existence of the case altogether.

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  • I was arrested for shoplifting two weeks ago and was released on bail the next day after posting bond.

    i still havent got a court date because i was told charges have not been pressed yet. the price of the items is $56 . how can i clean up my record because i have never done this before and will NEVER do it again.

    Jeffrey’s Answer

    Schedule a consultation with a local Collin County criminal defense lawyer as soon as possible - do not represent yourself. There are options available to you that the state's prosecutor is under no obligation to tell you about - options that can protect your record and allow you to expunge (destroy) all traces of this arrest. Many criminal defense attorneys, myself included, offer free consultations, wherein you can get answers to all your questions about what happens from here on. Best of luck to you!

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  • What should i plea? not guilty, guilty or no contest? what could i be facing ? how do i ask for a deferred adjudication?

    im 17. so this summer i got arrested for class b misdemeanor along with my best friend. We walked into home depot because he needed to buy something and as we walked around he saw some door hinges and wanted to take them. i said this is not okay s...

    Jeffrey’s Answer

    Both Ms. Foley and Mr. Hamer offer sound advice. Talk to an experienced local criminal defense attorney as soon as possible. Many of us offer free consultations, wherein you can speak in depth specifically about your case and circumstances, and get answers. If this is a Collin County case, there is chance you could qualify for pretrial diversion and then be able to expunge (destroy) all records of your arrest. You'll need an attorney to ex

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  • Expungement or non-disclosure? Please help!

    I was charged with a Class B theft, but in court it was reduced to a Class C theft deferred adjudication. That was completed and it has been two years from the arrest date. I am not sure which to file? I literally cannot afford an attorney as I am...

    Jeffrey’s Answer

    • Selected as best answer

    I agree with Ms. Jaggers - you are eligible for an expunction. Your prior attorney did good work for you, because an expunction does more for you than an order of nondisclosure would. Expunction will result in the destruction of all records relating to the charge (not even law enforcement will have records of it), while nondisclosure merely prevents law enforcement from making the information available to the public.

    While you may not feel you're financially able to hire an attorney right now to represent you, I would recommend that you not try to do this without an attorney, even if it means you have to wait a little while to hire one. You want to make sure that it's done correctly. Best of luck to you!

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  • Can my record be expunged or concealed?

    While going through a nasty divorce in 2005 i was asked to leave my home for 24hr cool down period when i returned the next morning to get my belongings I was arrested for burglary of a habitation. The charge was dropped to illegal trespassing a c...

    Jeffrey’s Answer

    Your case is not eligible for expunction/expungement, but it may be eligible for an Order of Nondisclosure if you were placed on deferred adjudication for the criminal trespass. While not accomplishing the complete destruction of all records relating to your arrest, charges, and subsequent deferred adjudication, an Order of Nondisclosure will effectively seal from the public all access to all records of your arrest, charges, and subsequent deferred adjudication. Law enforcement agencies, and some other government licensing agencies, will still have access to the information, but not civilians and private companies.

    If you are legally eligible for an order of nondisclosure, you are able to file a petition seeking that order immediately after the completion of your misdemeanor deferred adjudication.

    Many experienced criminal defense attorneys, myself included, will offer you a free initial consultation to discuss your situation. I recommend you contact a local, experienced criminal defense attorney as soon as you can to discuss your case. Good luck to you!

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  • Is there such a thing as free criminal legal advice?

    I am being investigated for stealing money from collin county govt. no charges yet. i don't want to talk to the police anymore. can i be represented if i haven't been charged?

    Jeffrey’s Answer

    Many qualified criminal defense attorneys will offer a free initial consultation to discuss your particular legal situation. I would suggest you contact a few local defense attorneys as soon as possible; do not talk to the police any further before you actually consult an attorney.

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  • I have a Class B misdemeanor and this is my first offense....what can I expect?

    I am 28 years old(yes 28, I should really know better) But I used to work for Wal-Mart but got caught taking something on camera I signed a paper saying what I took and got fired. Again this is my very first time that I have ever been arrested muc...

    Jeffrey’s Answer

    Here's something that give allow you some peace of mind: the prosecutor will absolutely take into account that this is your only offense in negotiating your case. How much that redeeming fact will be worth is up to your attorney, in large part. The fact that the situation is "employee theft" may make receiving pretrial diversion (informal probation that ends in a dismissal of the case) difficult for you, but it could still be possible. If pretrial diversion is not possible, then deferred adjudication (a non-conviction probation that allows the record of your charge to be sealed from all people except law enforcement and other government agencies) will likely still be available to you.

    I recommend you talk to a local, experienced criminal defense attorney about your case as soon as you can. Many of us in Collin County offer free initial consultations. Best of luck to you!

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