Philip David Ray’s Answers

Philip David Ray

Dallas Criminal Defense Attorney.

Contributor Level 10
  1. My husband was convicted of TX:36010001 Indecency w/child Sexual Contact in 1999 and he is finally supposed to get off of the

    Answered over 3 years ago.

    1. Philip David Ray
    2. Cynthia Russell Henley
    2 lawyer answers

    This is a complicated question. Section 62.101 Subsection C describes the expiration of a duty to register. As you can see from the link below, when the duty expires is very fact intensive. There are two versions of Indecency with a Child. If the offense involved a 'contact' there is a high probability that the registration is for life. BUT, that depends on which part of Chapter 21 was your husband on probation for exactly. I think it is absolutely worth seeking the advice of an attorney....

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  2. My brother is at the moment detained for violating his deferred probation, Can he get reinstated?

    Answered almost 4 years ago.

    1. Philip David Ray
    2. Cynthia Russell Henley
    2 lawyer answers

    Ms Henley's answers are correct. I also think you need an attorney right away. I would add as I've said to other posters today, that you need a local attorney. If the prosecutor is persuaded that the allegations of the Report of Violation filed by the probation officer are exaggerated, that can have a significant impact on your case. You want someone that will coordinate conversations between the misdemeanor prosecutor from the County Attorney's office and the felony prosecutor from the...

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  3. What should I do if I paid a lawyer to defend me and he he took my 3,250 dollars and never showed to my court dates?

    Answered over 3 years ago.

    1. Charles Elwood Soechting Jr.
    2. Kelly W. Case
    3. Philip David Ray
    3 lawyer answers

    I agree with the advice above. For further information: Call this number: (972) 383-2900. It's the Dallas Regional CDC office for the State Bar of Texas. For further information, see the link I've added below.

    1 lawyer agreed with this answer

  4. What happens when your lawyer you paid money to does not show up for your arraignment.

    Answered over 3 years ago.

    1. Kelly W. Case
    2. Philip David Ray
    3. Cynthia Russell Henley
    3 lawyer answers

    Well, the judge in Gainesville, Hon. Janelle Haverkamp is a very compassionate person who will listen to people as long as they are respectful of the court. Not showing up to court isn't very respectful, although as the other attorney suggests, there is usually a very good explanation. Defense attorneys juggle multiple counties, courts, and jurisdictions as the practice. Sometimes settings and appointments do get crosswise. Sometimes courts don't always notify attorneys of the date and time....

    1 lawyer agreed with this answer

  5. Can i be found guity of possesion for just saying the drugs are mine

    Answered over 3 years ago.

    1. Brian Kent Tillman
    2. Philip David Ray
    3. Kelly W. Case
    4. Cynthia Russell Henley
    4 lawyer answers

    I agree with Mr. Tillman. If you've already said out loud to the authorities that the "drugs" were yours then they will surely admit that at trial. There are some circumstances where the admission wouldn't be available, but they likely don't apply to what you're describing. What is most important is the context of what was said and how the witnesses (presumably officers) will present it at trial. If you are able to hire an attorney, I would do so immediately. The best way to resolve your...

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  6. Bond/Pre-Trial

    Answered over 3 years ago.

    1. Philip David Ray
    2. Jennifer Hodges Kahn
    3. Cynthia Russell Henley
    3 lawyer answers

    When a defendant posts bond, that is his promise to appear at subsequent court dates. If he bonds out, he must appear. A defendant can bond out at any time if the defendant can post the required amount of money to assure his appearance. A bondsman will put up the 75,000 for you if you pay typically 10% up front for the bondsman to keep. It then becomes the bondsman's job to help the defendant appear for court. So, Yes he could bond out before pre-trial. Yes, he would need to appear...

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  7. How soon should i see a lawyer on a drug case

    Answered over 3 years ago.

    1. Philip David Ray
    2. Cynthia Russell Henley
    2 lawyer answers

    You need a lawyer immediately. Amarillo is split over two counties, Randall and Potter. As a former Assistant District Attorney in Potter County, I can tell you with some authority that your case will be taken very seriously. With a first offense you have an opportunity to ask for probation, but recognize that without a skilled attorney negotiating your case, you are facing a very steep uphill battle when considering your quantity of more than 400g. Both counties have given probation in...

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  8. Eligible for Parole at the end of 2011?

    Answered over 3 years ago.

    1. Philip David Ray
    2. Cynthia Russell Henley
    3. John J. Ritenour Jr.
    3 lawyer answers

    Something else you should consider: There is an intiative in Texas where prosecutors are putting together parole protest packets now. In fact, the Williamson County DA's office received a grant to travel around Texas teaching other counties how they have successfully lobbied against the granting of parole in many cases. It's their own version of a 'conviction integrity unit'. If the Parole board hears from the DA's office and not from you, you're not giving them the whole picture on...

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  9. Hypathetically speaking what specifically is the definition of criminal mischief?

    Answered over 3 years ago.

    1. Philip David Ray
    2. Andrew Daniel Myers
    2 lawyer answers

    Texas Penal Code: Section 28.03 Criminal Mischief A person commits an offense if, without the effective consent of the owner: - He intentionally or knowingly damages or destroys the tangible property of the owner; - He intentionally or knowingly tampers with the tangible porperty of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; OR - He intentionally or knowingly makes markins, including inscriptions, slogans, drawings, or paintings, on...

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  10. Why does my brother still have a bond & a HF TDC state jail? the judge gave him credit for time served on probation violation.

    Answered over 3 years ago.

    1. Philip David Ray
    2. Cynthia Russell Henley
    2 lawyer answers

    The blank for Hours, follows the word Hours. The Dallas system is really not very intuitive to read. Your Brother got a 180 day sentence to the State Jail Division of the Texas Department of Corrections. The Judge likely gave him credit towards that sentence, usually phrased, "Credit for all time served", which means if he spent 68 days in jail before the sentencing, he'll serve 112 days from the time he was sentenced. There is no good time or 'trusty' time for State Jail. It's...

    1 person marked this answer as helpful