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Brook A. Busbee

Brook Busbee’s Answers

15 total

  • Absconding from Collin County while on probation?

    I'm on probation for Class B Misdemeanor theft. I did not go to my last meeting with my probation officer and and now they've issued a warrant for absconding from Collin County. My charges are deferred if I successfully complete probation. What is...

    Brook’s Answer

    The sooner you turn yourself in the better. Many times one missed report will be overlooked if you address it quickly. The very worst thing to do is to ignore the problem thinking it will go away.
    You should hire an attorney immediately to try to get you reinstated. Sometimes this can be done the same day, sometimes you have to post a bond and attend a series of court settings. This is not something that you can take care of yourself. Once a warrant issues you have a court case that requires an attorney's assistance.

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  • My son was arrested 14 days ago and has not gone before a judge or jury. He also needs to see a doctor. What can we do ?

    My son was arrested for assaulting a young woman. She said he choked her, but she has since signed papers saying she would drop the charges. Myson had some warrants regarding marijuana and failure to appear. I hired a lawyer,but he is still in ja...

    Brook’s Answer

    When you say not appeared before a judge are you saying he has not been arraigned: ie. not advised of charges/bond? That is a violation of state law.

    If he hasn't had a court date that is entirely different. Please contact the lawyer you hired to explain this to you.

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  • My fiance is in jail for assault on fam member w/prev...could it be defense of a third party.

    His mom's boyfriend came home in a violent rage while under the influence of alcohol and crack cocaine. He was even armed with a tazor. He eventually tried to punch me and so my fiance hit him across the head with a tire jack. Could this be defens...

    Brook’s Answer

    Absolutely. Self defense/ defense of others is very complex so I would need more information.

    But on it's face. Yes.

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  • Can I get a felony charge filed against me for an unpaid payday loan?

    I defaulted on a payday loan in 2009, and my bank account closed later that year.Now a lady from the department of investigation is telling me that criminal charges will filed against me in 538 dollar amount if I don't pay by tomorrow.

    Brook’s Answer

    No- that is a common tactic used by collection agencies. Ignore the call.

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  • Father n law got a rested last year 4 having a building under his name that he rented out to a car place that was selling drugs

    well they came in our home and asked who everyone was and birthday dates and than they arrested him and than tricked his wife and my husband in signing a paper for them to search the home and they did cause they said her husband said for her to si...

    Brook’s Answer

    In Texas the DA's office has 30 days to file a forfeiture lawsuit, seeking ownership of what they seized from you. If they do not file in 30 days they must return to you that which is not evidence in the case. Do you know whether one was filed? Your father in law or legal owner of the property should have been served with the civil suit notice.

    They took it because they thought it was evidence or because they thought it was purchased by or was the proceeds from criminal activity. They didn't need a warrant because they were given consent by people who apparently had authority to give it. If it was obtained fraudulently and your lawyer can show that the search will be invalid.

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  • How likely is it for a man with these charges, MAN DEL CS PG 3/4 <28G ,INSUFFICIENT BOND - POSS MARIJ <2OZ ,AGG ROBBERY to get

    off on probation/parole

    Brook’s Answer

    Since you are located in Dallas County I will assume your question pertains to this area.

    I further assume that this person is guilty and that the cases can be proved beyond a reasonable doubt.

    Of course it depends on the facts and prior record. Assuming no prior history of felony conviction this person is ELIGIBLE for probation under the law. However it is very rare for a person to receive an offer of probation for Aggravated Robbery in Dallas County. That means that to obtain probation the client can ask a judge or jury for probation. This can be a risky business since there are no guarantees and the client can be sentenced to the desired deferred adjudication(judge) or probation(jury), but if the judge/jury rejects the probation alternative then the client can receive a sentence anywhere between five and ninety-nine years in jail. A person has to serve one half of the actual sentence before even being eligible for parole.

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  • Is it normal practice for the court system to resolve different charges from same arrest in different courts

    2 different charges being taken care of in different courts. Actually on the 1st charge a plea deal had been done. An indictment was just filed on the 2nd charge, which is 1 yr later.

    Brook’s Answer

    Are both cases felonies? Because they are supposed to be in the same court under local rules the newer case is assigned to the court the older one is pending in.
    But when you say "the plea deal had been done" I don't know if the case is finally "disposed of".
    If the person is not on any kind of supervision from the previous charge (bond, probation) then this rule does not apply and the case will be randomly assigned.
    You should consult your attorney about this because it is an unusual situation and there may be bars to filing the second charge.

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  • Revocation of Probation. I have a ODL and an interlock device in car and drivers license reinstated in less than a month.

    Just found out PO filed a MTR. Reason stated is my log book entries do not match my vehicle interlock device report. My ODL, states I able to go to work, doctor, store, court, classes, etc. I Never missed any PO appt, never failed a UA, finishe...

    Brook’s Answer

    I'm going to help your lawyer out here and tell you that as you suspect saying that the PO is discriminating against you is not going to help- it only makes the judge think you have problems working within the system.

    I have had some success for my with contacting the interlock company about the discrepancies. Sometimes they can explain to the judge why it appears to be a discrepancy when it isn't. They will come to court and help you if this is the case. Have your attorney contact them if you think this would help you. They may require a subpoena, but I have found them very helpful in the past.

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  • EX PARTE The judge opinion was swayed because she read and file what is a false document with the clerk as open record.

    A letter was mailed to the judge by a distant 3rd party not involved in case. Judge read the letter which stated hearsay and without notifying all parties involved in suit, she filed the letter with the clerk as public record. After going down t...

    Brook’s Answer

    Do you know that the Judge has read the letter? It is standard practice in Dallas County that the judge does NOT read letters addressed to the court for the very reasons you state. Typically the letter is opened and filed with the papers of the court.

    I have never known a Dallas County judge to violate the prohibition on reading these ex parte communications. If you have concerns contact the lawyer handling your case.

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  • Is the victim in a Criminal Case required to testify?

    The victim has dropped charges (on his behalf) for a case involving attempted murder, buit the State has continued to proceed with the case. Will the victim be subpoenaed to testify? Or can he be "held in contempt" if he does not? The incident has...

    Brook’s Answer

    A witness who has not been served with a subpoena is not under an obligation to come to court and testify. Letters and phone calls from the DA or law enforcement are not subpoenas.

    One Exception-
    If the witness has ever appeared in court on the case and been sworn in by the Judge that witness is obligated to appear whenever notified by either party. It is the same as being subpoenaed.

    Failure to appear after being legally subpoenaed could result in the court issuing a "Writ of Attachment" which orders the Sheriff to go find that witness and bring them to court. This means they are arrested and brought to court.

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