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Philip David Ray's Answers
- 81 Legal Answers
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2
Attorney answers:
My husband was convicted of TX:36010001 Indecency w/child Sexual Contact in 1999 and he is finally supposed to get off of the
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
Attorney answers:
My brother is at the moment detained for violating his deferred probation, Can he get reinstated?
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
Attorney answers:
Bond/Pre-Trial
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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2
Attorney answers:
How soon should i see a lawyer on a drug case
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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3
Attorney answers:
Eligible for Parole at the end of 2011?
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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2
Attorney answers:
Hypathetically speaking what specifically is the definition of criminal mischief?
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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2
Attorney answers:
Why does my brother still have a bond & a HF TDC state jail? the judge gave him credit for time served on probation violation.
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...
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2
Attorney answers:
I HAVE BEEN ON PROBATION FOR OVER 9 YEARS MY FINE IS SPLIT BETWEEN MY CO DEFENDANT AND I AND THE AMONUT HAS NOT BEEN PAID IN
The short answer is, "don't go to court without your attorney." In Texas, the inability to pay restitution is a defense to a motion to revoke based solely on non-payment. What I mean is, if you can show that you can't pay, they can't send you to prison for it. BUT Be sure that you really couldn't afford it. If you're spending money on going to movies, cigarettes, cable, and other luxuries, the defense may not fly. You don't want the judge to wonder why you could see Harry Potter and...
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3
Attorney answers:
Arrested in smith county for probation violation in dallas.
Depends on what kind of probation he was on before he violated it. If he was on Deferred, the judge will determine a fair amount for bond. The first answer is also correct. The judge has control of what happens in the case. I would immediately spend money on hiring an attorney to represent him in the case in Smith county. I would be certain to hire a lawyer that regularly practices in the court that is responsible for his probation.
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3
Attorney answers:
What do i need to do to file a motion for non disclosure & can i file this motion myself & how long does it take for the motion
If you want to do it yourself, here's the law: Texas Government Code Section 411.081 (I've included a link to it below) But, what you'll find is the rules, filing, and procedure are a bit convoluted. You would be better served hiring an attorney in your area to work through the process with you.
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