Philip David Ray’s Answers

Philip David Ray

Dallas Criminal Defense Attorney.

Contributor Level 10
  1. 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

    Answered over 3 years ago.

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

    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...

    1 person marked this answer as helpful

  2. Arrested in smith county for probation violation in dallas.

    Answered over 3 years ago.

    1. Cynthia Russell Henley
    2. Philip David Ray
    3. Randy William Ferguson
    3 lawyer answers

    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.

    1 person marked this answer as helpful

  3. 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

    Answered over 3 years ago.

    1. Philip David Ray
    2. Cynthia Russell Henley
    3. Carolyn F. Horton Mcdaniel
    3 lawyer answers

    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.

    1 person marked this answer as helpful

  4. If the disposition of a county court case is DISM (dismissed) was the defendant convicted of the crime?

    Answered over 3 years ago.

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

    It may be that the conviction was deferred. Often times, a person is placed on a probation called 'deferred adjudication.' What that means is, the judge finds that there is sufficient evidence to find a person guilty, but delays that finding while the person is on probation. If the person completes the probation satisfactorily, the judge dismisses the charge without a finding of guilt. A person has to plead guilty or no contest to receive this sort of probation.

    1 person marked this answer as helpful

  5. Can I transfer probation to another city?

    Answered over 3 years ago.

    1. Philip David Ray
    2. Stephen Bradley Hesse Jr.
    3. Cynthia Russell Henley
    4. Kevin Francis Guyette
    4 lawyer answers

    Yes. Probation departments do courtesy supervisions for other departments all the time. Whether or not you are allowed to transfer lies in the hands of your probation officer, the supervisor, and the approval of the new county to which you will be transferring. All of these decisions are based on 'how you are doing'. Go to your probation officer and make the request. If you are told no, ask what things you can do better so that you can request again next month.

    1 person marked this answer as helpful

  6. My daughter is on probation. She was picked up and ticketed for Class C theft. Will probation be revoked? The fines are paid.

    Answered over 3 years ago.

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

    I agree with Ms Henley. I'd hire an attorney who has experience handling the sort of crime that your daughter is originally place on probation for committing. Make sure the attorney is on top of the circumstances before the probation officer files a motion to revoke probation. The more proactive you are about sorting the problems out, the better results you make find.

    1 person marked this answer as helpful

  7. Criminal lawyer, I want to know if It's legal for my employer to give out my personal information to a customer

    Answered over 3 years ago.

    1. Philip David Ray
    2. Chad Austin West
    2 lawyer answers

    I think this question may be better in an employment law setting. While your circumstance seems to implicate a need for advice on several theft related topics, your question boils down to: can an employer release the personal information of an employee to a customer?

    1 person marked this answer as helpful

  8. Is there a maximum interlock sentence for a DWI?

    Answered over 3 years ago.

    1. Philip David Ray
    2. Cynthia Russell Henley
    3. Gene Raymond Beaty
    3 lawyer answers

    The law does not limit the duration of the interlock requirement. A judge can have an interlock as a condition of your release from jail pending the resolution of your case. A judge as a part of your probation can require an interlock as a condition of your probation for the full term of that probation. However, a judge can choose to change the conditions of probation. Remember, your probation officer is simply the person who monitors you. The judge decides what is or isn't an...

    1 person marked this answer as helpful

  9. I am just finishing my deferred probation and want to get my record expunged.how do i go about doing that?

    Answered over 3 years ago.

    1. Philip David Ray
    2. Cynthia Russell Henley
    3. Herman Martinez
    3 lawyer answers

    An expunction is the removal of all records related to a criminal action. With an expunction, the prosecuting agency actually will eliminate all parts of their file. A Non-Disclosure is the limiting of access to records. The State must limit from public view any information regarding your case within their ability to control. I would consult an attorney in your area. For a felony charge, the law requires that you wait at least five years after you are discharged from your probation to...

    1 person marked this answer as helpful

  10. Can a 25 year old man have sex with a 17 year old girl in the state of texas and not get in trouble?

    Answered over 3 years ago.

    1. Philip David Ray
    2. Stephen Bradley Hesse Jr.
    3. Cynthia Russell Henley
    3 lawyer answers

    Be certain that she is 17 years of age or older, not just 'almost 17'. The code I've linked below makes it a criminal act of sexual assault without regards to consent if the 'victim' is a 'child' as defined below: (c) In this section: (1) "Child" means a person younger than 17 years of age. Which means if tomorrow is her 17th birthday, wait a day. There is also a 'Romeo and Juliet' exception where if the actor is not more than 3 years older than the 'victim', it isn't a crime....

    1 person marked this answer as helpful