Brook A. Busbeeā€™s Answers

Brook A. Busbee

Dallas Criminal Defense Attorney.

Contributor Level 4
  1. Is the victim in a Criminal Case required to testify?

    Answered over 2 years ago.

    1. Brook A. Busbee
    2. Ronald S. Pichlik
    2 lawyer answers

    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...

    3 lawyers agreed with this answer

  2. I received a Civil Claim letter from the Law Offices of Michael Ira Asen, P.C . Demanding I pay $250.00 . Do I have to pay this?

    Answered over 2 years ago.

    1. Brook A. Busbee
    2. Benjamin J Lieberman
    2 lawyer answers

    Since you are in Texas this is easy- toss that letter in the trash! Although some people are intimidated by a letter from a law firm, these letters are usually from out of state law firms who cannot even legally practice in Texas. I have represented many people who have taken this advice and never received another letter after the first one. They send these out hoping someone will be gullible enough to pay.

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Brook A. Busbee
    1 lawyer answer

    Absolutely. Self defense/ defense of others is very complex so I would need more information. But on it's face. Yes.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. 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 ?

    Answered over 2 years ago.

    1. Brook A. Busbee
    1 lawyer 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.

    1 lawyer agreed with this answer

  5. 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

    Answered over 2 years ago.

    1. Priscilla Tommye Bush
    2. Brook A. Busbee
    3. Christopher J. Downey
    4. Jorge Luis Rodriguez
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

  6. What is considered "perjury" in a Criminal Case?

    Answered over 2 years ago.

    1. Brook A. Busbee
    2. Ronald S. Pichlik
    2 lawyer answers

    See Texas Penal Code Section 37.02: Perjury is a false statement made under oath with intent to deceive and knowledge that the statement is false (that is paraphrased). Confusion from shock or intoxication is common, but this question cannot be answered satisfactorily without much more information. If the victim changes his or her account of the events (which is common in domestic violence cases) they may be told that they could be charged with false report to a peace officer which is...

    1 lawyer agreed with this answer

  7. After using mouthwash this morning, I blew VIOL on in-hom device. I waited 45 mins and passed. Should I be worried?

    Answered over 2 years ago.

    1. Jacob Robert Jenkins
    2. Brook A. Busbee
    3. Gene Raymond Beaty
    3 lawyer answers

    Definitely tell you PO, you gain points by honestly admitting possible violations. This makes you look trustworthy and they are more likely to believe you. In my experience many people will have one or two innocent slip-ups which the provider may not think of as a "violation" to report to the probation office. If you have had many violations, you should consult your attorney. Each judge is different in their level of tolerance, so my advice should be regarded as general and not specific...

    1 lawyer agreed with this answer

  8. Absconding from Collin County while on probation?

    Answered about 2 years ago.

    1. Brook A. Busbee
    1 lawyer 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...

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

    Answered over 2 years ago.

    1. Robert B. Abtahi
    2. Brook A. Busbee
    3. Mark Nickolas Longwell
    3 lawyer answers

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

  10. 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

    Answered over 2 years ago.

    1. Brook A. Busbee
    1 lawyer 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...