Philip David Ray’s Answers

Philip David Ray

Dallas Criminal Defense Attorney.

Contributor Level 10
  1. Do you have to plead guilty at the arraignment hearing to be eligible for deferred prosecution or deferred adjudification in Tx.

    Answered over 3 years ago.

    1. Philip David Ray
    2. Rosario Stornello
    3. Cynthia Russell Henley
    4. Darla Marie Poole Mcbride
    4 lawyer answers

    No. The granting of Deferred Adjudication is not strictly limited to a specific docket setting on a case. However, there is no guarantee that any particular case will be entitled to that resolution. Some prosecution offices have policies to when they make the 'best offer available' and that can affect the timing your decision to plead. The best advice is to retain a lawyer that regularly works in the courts where you are charged. That attorney will know the regular practices of the court...

    1 person marked this answer as helpful

  2. Do I answer yes if I have a deferred Adjudication probation on applications when they ask if I have been convicted of a felony?

    Answered almost 4 years ago.

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

    If your conviction was Deferred and there was no Adjudication during your probation, you were not convicted of a felony charge. If you would like to get a more extensive answer, get all of your paperwork, including your discharge from probation and set an appointment with an attorney as a consultation to review with you. In Texas (and in general), if a Deferred Adjudication is completed successfully, the charge is dismissed. That is the advantage of that kind of probation. If you succeed,...

    1 person marked this answer as helpful

  3. Possible punishment for my 17year old daughter she has been charged with a class b misdameanor

    Answered over 3 years ago.

    1. Philip David Ray
    2. Charles Elwood Soechting Jr.
    3. Cynthia Russell Henley
    3 lawyer answers

    In Texas a Class B misdemeanor carries a potential punishment range of up to 180 days in Jail and up to a $2000 fine. Now, either the jail or the fine or both can be probated. There are two kinds of probation: Straight or Formal Probation, where you receive a sentence, then the sentence is suspended until the completion or violation of the probation, and Deferred or Informal Probation, where the defendant's adjudication of guilt is set aside and the court gives the defendant a...

  4. Can the po0lice have your perscription canceled

    Answered over 3 years ago.

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

    I'm sure you misunderstood. An officer can call and verify that a prescription exists. An officer has no authority over a Doctor as to whether or not a prescription can be issued or not. I'd set an appointment with your Doctor and ask him or her directly.

  5. My 14 y/o daughter got caught shoplifting at the Sugar Land Mall last night. Her total amount was between $100 and $200.

    Answered over 3 years ago.

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

    I would go ahead and make an appointment with an attorney in your area. Juvenile circumstances can make a dramatic impact on the direction your child takes from here on out. It can't hurt to spend some time talking to an attorney who knows your courts about the facts and circumstances surrounding your daughter's case. Make sure the lawyer in your area practices Juvenile law and has had cases in the county where your daughter was caught shoplifting. Also, I'd personally check and see that...

  6. Why does the law of Evading arrest or detention exist?

    Answered over 3 years ago.

    1. Philip David Ray
    2. Cynthia Russell Henley
    3. Charles Elwood Soechting Jr.
    3 lawyer answers

    Obviously, If an officer sees a violation, that officer should be able to halt your progress and address the violation. If there are no consequences for avoiding the detention, there's no enforcement of violations at all. Because Traffic situations can put people's lives in danger, evading arrest or detention with a motor vehicle must have serious consequences because of the tendency to those situations harming members of the public on the roadway with you.

  7. Do I have to wait two or more years to file a motion for expungement?

    Answered over 3 years ago.

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

    That depends. Were the charges dismissed as a part of the end of a deferred probation? If the case was dismissed without a plea, then there are particular rules surrounding whether or not you are eligible for an expunction. If you had to serve a term of probation, then you may not be eligible for Expunction, but you can consider filing a request for Non-Disclosure. Please see the attached links for the law.

  8. I have a warrant for intox.assault I need advice,I would never hurt anyone intentionally My ex called for me to come to him.

    Answered over 3 years ago.

    1. Cynthia Russell Henley
    2. Charles Elwood Soechting Jr.
    3. Philip David Ray
    3 lawyer answers

    The Tarrant County DA's office is a very fair office. But, they are also very stern with those that they believe have violated the law, especially intoxication offenses. Be sure to hire counsel that frequently practices in the Tarrant County Courthouse. They are very open minded to hearing your side of the story even before an indictment from the Grand Jury. The DA's office have even let us go in to the Grand Jury and tell them our side of the story on particular cases. I've not seen that...

  9. What kind of actions am I looking at possibly?

    Answered over 3 years ago.

    1. Shannon Willis Locke
    2. Philip David Ray
    3. Cynthia Russell Henley
    3 lawyer answers

    In Texas, more likely than not, you're looking at a State Jail Felony. That carries a punishment range of 6 months to two years in a State Jail prison where there is no parole, day for day punishment. A fine can be imposed as well, up to $10,000. However, that sentence can be suspended and you can be put on probation from 2 to 5 years and supervised while in the community. Also, the District Attorney's office can recommend that any determination of guilt or adjudication be deferred for a...

  10. I AM SET FOR JURY TRIAL AIN ONE COUNTY AND HAVE A BOND FORFEITURE IN A DIFF COUNTY, WILL THE COUNTY I HVE TRIAL KNOW ABOUT THE

    Answered over 3 years ago.

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

    If the Bailiff's are paying attention, they'll typically run the history of each defendant when the defendant is in the courtroom. Especially in small counties. It's always best to have your attorney be aware of the problem rather than hoping it will work out without telling anyone.