A plea of Not Guilty can be changed at any time prior to the jury making a decision at trial. It is also the first step in defending your case.
So, it's good you started with not guilty. That gives you options.
First, you need an attorney. If you are unable to hire an attorney, contact the court and ask for one to be appointed. They will require that you answer some questions about your income. Be truthful. As you now know, if you are untruthful or misleading on an application involving...
I believe you've posted twice. Once from Killeen, once from Austin.
Closed by arrest typically means the investigation is complete and the case has been passed to the appropriate prosecuting agency.
'by arrest' means the defendant (or respondent if it is a juvenile who is accused) has been processed by the officer through arresting that person on the charge.
Immediately hire an attorney who handles Juvenile and Criminal cases who can discuss expunction and sealing of juvenile records with you.
There are glitches in the system that can dramatically harm your reputation. I've seen serious mistakes within the criminal history reporting system that has seen people wrongfully arrested before. If you have done nothing wrong, you can get it fixed, but you will need an attorney to assist you.
There was a question from Waco on the very same topic earlier this week. Please review that information when you get an opportunity to do so. (If it is not your post, it still has information that is relevant to your question.)
You say he did two years in 'jail'. I am going to assume you meant he was convicted of Aggravated Assault with a Deadly Weapon and is now a felon. If this is not what you meant, please clarify because my answer will change.
In a trial before a jury, a defendant...
The short answer is Yes and Yes.
Possession is defined as the actual care, custody, control, or management of a substance. Possession does not mean ownership. If Bobby is holding Jack's cocaine, Bobby is in possession even if he won't snort any of it.
Also, if Bobby is going to give it back to Jack, then he has an intent to deliver. The intent also doesn't mean "sell". Delivery can be any act that is tantamount to sharing. The State will try and prove by other evidence or context clues...
Actually, what has been said above is wrong.
There are two ways in Texas that a record can be 'cleared'.
An expunction is the clearing of all records whereby the entire file including the actual pages kept by the prosecuting authority are physically turned over to you and the criminal history is deleted. (see link below for eligibility)
A Non-Disclosure is the eliminating from 'public view' the records of the crime while still maintaining documentation and history available to law...
http://www.statutes.legis.state.tx.us/?link=CR (cut and paste, or link below)
Look at Chapter 12. Limitations
If the crime isn't listed specifically, the general rule of 3 years applies. The trick is knowing enough about the facts of the crime to be able to tell you exactly which charge applies. For instance, if you think he was in trouble for driving while intoxicated and you didn't know that there was a car accident where someone was seriously hurt, you might be looking at a...
Any "hot" or "dirty" UA is a violation of probation. How those violations are handled differ by jurisdiction. A UA test that indicates a positive notation for use of a controlled substance is a technical violation of your probation.
Some probation departments report that violation to the court immediately. Other departments have a scale of consequences that they call "Progressive Sanctions". The variance in what those sanctions may be can differ between departments or even...
Assault in Texas covers a broad range of conduct.
A class C Assault - a person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offense or provacative.
A class A Assault - a person intentionally or knowingly or recklessly causes 'bodily injury' to another. (Where bodily injury means physical pain, illness, or any impairment of physical condition.)
As a class C assault, the...
Probation is a possibility, but not something any defendant is entitled to on a specific case.
There is a very specific list of cases where the law prohibits a judge (or a jury in some circumstances) from granting probation. The charge of Injury to the Elderly is not one of them unless a deadly weapon is used in the commission of the offense.
In every criminal case, the prosecution has the option of making a recommendation of punishment as an agreement to resolve the case. While the fact...