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Philip David Ray

Philip Ray’s Answers

81 total


  • In 2010 I pled no contest to a misdemeanor Criminal Mischief charge. Will this show up on a background check for work?

    I have already paid my fine, gotten of my 6 month probation and completed my anger management class/community service.

    Philip’s Answer

    The law Ms. Henley is referring to is available at the link I'm providing below.

    I would speak to an attorney as soon as possible to clear your history. Currently it will appear as a completed and dismissed case after a deferred probation.

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  • If one person (a girl) gets a call from the officer saying that he is gunna drop her MIP, can the rest of ours be dropped to?

    In our situation four person party got a Minor In Possession (MIP)simply for having beer in the fridge and some empty cans in the trash from the day before. We were just playing video games and cooking dinner when they knocked on the door they sea...

    Philip’s Answer

    I absolutely agree with Ms. Henley. You need to get an attorney to get in there and handle this sexism. An MIP charge has to show intentional care, custody, control, or management of the alcohol.

    A fair prosecutor will look at the disparate treatment of you four and do what is right. Speak to a lawyer in your area as soon as possible.

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  • Me and my friend got caught shoplifting from Walmart in Texas. Are we going to have to do jail time?

    We're both 19 and we both stole about $40 worth of merchandise, but they combined it and made it look like we both individually stole $80.

    Philip’s Answer

    The other issue you've described is charging people under the law of parties. If two people together commit a portion of a crime, they can be held responsible for the total proceeds of the crime each individually.

    Essentially, you helped her commit her crime, and she helped you commit yours. The total value of the theft is on both of you.

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  • My wife notarized some papers for some people that were recalling an election and had nothing to do with their cause.

    An investigation brewed up to silence the petitioners and my wife got dragged in. Before you know it my wife and the petitioners were picked up at 6 in the morning and sent to jail. In the local papers my wife was included as one of the six crimin...

    Philip’s Answer

    It seems like you have some serious issues in your county. Typically, I will recommend retaining an attorney in your area to review the charges. If there are shenanigans going on with your elected officials, I'd look to the closest metropolitan area for an attorney who will not be affected by taking on the establishment.

    If there is a legitimate silencing of opposition to the election, you may also ask that attorney to look into assistance from the ACLU or other activist organization, (Lulac?) that may choose to get involved if it really is an issue of fairness.

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  • How much time will someone get if they have 2 assult with deadly weapon? 2nd degree felony. with prior assult charges?

    how much time will someone get if they have 2 assult with deadly weapon? 2nd degree felony. with prior assult charges?

    Philip’s Answer

    The most important thing Mr. Hesse said was, an experienced attorney can possibly negotiate a lesser charge. The sooner you have an attorney working on your case, the earlier in the process the attorney can influence how the case is ultimately resolved. Some offices allow for more latitude with plea deals prior to the indictment of the case.

    If you are unable to hire an attorney of your preference, ask the court for assistance with an appointed attorney. Don't wait on your next court setting. The longer you take to ask for assistance, the more the court may choose to see your delays as a disrespect of the court, or a lack of understanding of the seriousness of the charges.

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  • What would you ask the person you were defending if they got a ticket?

    Say they ran a red light and was pulled over and given a ticket, What questions would a Lawyer ask to try and defend the victim?

    Philip’s Answer

    Yes, I would. I need to know all the facts as my client knows them so that I can defend whatever consequences the State tries to impose. That's why there is an attorney and client privilege. Your attorney cannot disclose what you've told them in private without your permission. This rule is intended to generate trust between the client and the attorney. It better serves the attorney to know what may or may not come up at trial so the attorney can best present your case.

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  • Is it impossible to be reinstated for deferred probation if you have gotten charged but not convicted of a crime

    is it impossible to be reinstated for deferred probation if you have gotten charged but not convicted of a crime

    Philip’s Answer

    The other thing that can make a difference is how you are treating your probation officer. If you are defiant and rude, surly and not on time, you will find that your probation officer has little compassion for the mistakes you make while on probation.

    However if you are on time or early for your appointments, you don't try and reschedule everything, and you are polite and cordial to your officer, naturally they are more likely to recommend to the court that you should be reinstated.

    Think, if you were the judge, and you heard that the defendant was doing well getting classes done, showing up on time, and completing the hours of community service, wouldn't you be more understanding than if you heard the person wasn't showing up, constantly looking to reschedule and only doing their hours when they absolutely were threatened if they didn't?

    Speak to an attorney about your options, but keep showing up and doing the things you should be doing.

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  • I was arrested for preventing a person from entering a door of two young ladies in doing so a car handle of a ford explorer was

    Ripped off and the culprit ran off leaving me with handle, as I approached security to explain what had happen. I was seen with the handle and detained and assualted on the ground. I tried explaining my case but after a kick to the face I was not...

    Philip’s Answer

    Ok, so I've read this several times. Here's what I think you are saying: You hollered at some guy who was trying to enter some women's place. As you chased him off, you ended up breaking the handle of his car. OR the 'culprit' meaning the guy who broke the handle, ran off leaving you with the handle.

    See how this is pretty confusing?

    In general, I would say that no case is perfect, and every case has the opportunity for you to tell your side of what happened. No case is a 'slam dunk'. Find some legal counsel who can sort out what happened versus what they can prove happened and get yourself some help.

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

    ??

    Philip’s Answer

    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 situation is with counsel from someone who can apply the law to your facts and review the prosecutor's file for you to see the best way to help you with this difficult situation.

    If you are unable to afford an attorney, you can request one from the court where you are charged. I would do this as soon as possible because the courts often take your delay as a sign of disrespect.

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  • How do I defend against Made Up Charges - Family Violence, Class A Misdemeanor, simple assault (Contact)?

    911 deployed 2 units to our home (my wife and our house guest called simultaneously) - Officers listened to, and inspected our house guest revealing NO evidence to substantiate any of her claims. Officers issued me a citation & apologized, stated...

    Philip’s Answer

    Here is the problem: The prosecutor is an attorney who knows the rules of the law better than you do. If you don't ask your questions the right way, the prosecutor can object on a technical rule that will keep you from being able to have any witnesses answer your questions at all.

    Even in Municipal Court where the rules are supposed to help people represent themselves, you need an attorney to guide you through the process. Most especially because a family violence case carries far more collateral consequences than a typical class C case.

    An attorney can also remain emotionally neutral when your wife gets under your skin at the hearing. Imagine what the judge will assume about you if you even appear to get angry or frustrated at the process during your hearing. If your attorney is there representing you, there is someone on your side who can navigate the technical rules which can be major impediments to you getting a fair hearing or trial.

    Also, as someone who works in the area, I can tell you that the Garland PD "policy" has caused great complication to many circumstances that sound quite similar to your own.

    Call an attorney with experience in Garland and fight the accusations. Without expert help, you could end up in a spot where you don't end up with a fair look at what happened.

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