Jeffrey Brian Richter’s Answers

Jeffrey Brian Richter

Mckinney Criminal Defense Attorney.

Contributor Level 10
  1. Would living out of state toll the statue of limitations on a class A misdemeanor.

    Answered over 2 years ago.

    1. Jeffrey Brian Richter
    2. M Elizabeth Gunn
    3. Mitchell Scott Sexner
    3 lawyer answers

    From the Texas Code of Criminal Procedure: Art. 12.02. MISDEMEANORS. (a) An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward. Art. 12.05. ABSENCE FROM STATE AND TIME OF PENDENCY OF INDICTMENT, ETC., NOT COMPUTED. (a) The time during which the accused is absent from the state shall not be computed in the period of limitation. Art. 12.07. AN INFORMATION IS "PRESENTED,"...

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  2. Is deferred probation and deferred adjudication the same thing?

    Answered over 1 year ago.

    1. Jeffrey Brian Richter
    2. Macy Michelle Jaggers
    3. Richard Timothy Jones
    4. Gray Richard Proctor
    5. Evan Edward Pierce-Jones
    5 lawyer answers

    A record of deferred adjudication for an offense which requires registration as a sex offender will ALWAYS remain on the defendant's record, under the current law in Texas. It cannot be sealed. If you are a member of the immediate family of the stepdaughter, you should be able to contact the Collin County District Attorney's office (at 972-548-4323) for information regarding the conditions of probation.

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  3. 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

    Answered 11 months ago.

    1. Jeffrey Brian Richter
    2. Adam Craig Thiessen
    3. Kent Wade Starr
    3 lawyer answers

    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...

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

    Answered 12 months ago.

    1. Kent Wade Starr
    2. JaPaula C Kemp
    3. Jeffrey Brian Richter
    4. Norman J. Silverman
    5. Stephen A. Gustitis
    5 lawyer answers

    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...

    4 lawyers agreed with this answer

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

    Answered 12 months ago.

    1. M Elizabeth Gunn
    2. Stephen Andrew Hamer
    3. Jeffrey Brian Richter
    4. Kent Wade Starr
    4 lawyer answers

    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

    4 lawyers agreed with this answer

  6. I just got called by my attorney's secretary the state wants to reopen my dwi case!

    Answered over 2 years ago.

    1. Jeffrey Brian Richter
    2. Linda Medeiros Callahan
    3. Gene Raymond Beaty
    3 lawyer answers

    Take comfort in the fact that it sounds like your attorney was able to suppress the breath/blood evidence in your case. This makes the State's case much weaker. Talk to your attorney about your concerns, but know that your situation would not be the first instance where the State has gone forward with a loser case. The M.A.D.D. lobby is strong, and a district attorney keeps his job by winning elections. Hang in there!

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  7. Expungement or non-disclosure? Please help!

    Answered about 1 year ago.

    1. Jeffrey Brian Richter
    2. Macy Michelle Jaggers
    3. Michael Adam Haber
    3 lawyer answers

    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...

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  8. Question is if I completed deferred adjudication for a class A Misdemeanor assault in 2002,am I elgible to get my record purged?

    Answered about 2 years ago.

    1. Jeffrey Brian Richter
    2. Erin Stephanie Shinn
    2 lawyer answers

    Given the time-frame you listed, you are now eligible to petition the court for an order of nondisclosure, which will "seal" all records relating to the arrest, charge, and deferred probation to private entity access. Law enforcement agencies (and other government agencies specifically allowed by the Government Code) will still have access to the information, but not private entities, such as employers and ordinary citizens. You will have to file a petition, go to court, and have the Judge sign...

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  9. I'm 19 years old and I have been stopped for the theft of merchandise in Macy's ,, could I pay it ?

    Answered about 2 years ago.

    1. Jeffrey Brian Richter
    2. Cynthia Russell Henley
    3. Ronald S. Pichlik
    4. Benjamin J Lieberman
    4 lawyer answers

    A "civil demand" is a retailer's attempt to convince you to pay them money (a civil "penalty") after you've been accused of shoplifting in their store. In order to recover any money from you under the Texas Theft Liability Act, the retailer would have to be able to prove that you caused actual money damages to them. In most cases, the store has recovered the merchandise that was allegedly stolen, and there has been no property damage to the store, so there are very few instances where the...

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  10. Investigated for sexual assault and cleared of any crime because of insufficient evidence.

    Answered over 2 years ago.

    1. M Elizabeth Gunn
    2. Jeffrey Brian Richter
    3. Jon Martin Pettis
    3 lawyer answers

    The short, and unfortunate, answer is "yes," the case can be re-opened. Unless the case has been tried to a judge or jury and you've been found not guilty, the State can continue to pursue the case until the statute of limitations for the particular charge has run out. Depending upon the age of the other person at the time at which you had sexual contact, and/or facts of the alleged offense, there may be statue of limitations (no time limit within which the State has to secure an indictment...

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