He tried to choke and shove me because I was hitting and scratching him. I called the cops and lied greatly in my statement. I have a a personality disorder characterized by lying, manipulation of others, intense mood swings, and impulsiveness. He...
Unfortunately, this is not an unusual fact pattern. You definitely need to be honest. I often provide the Prosecutor with the complainant's medical records as well as a written statement from the complainant (that's you in this case). The person you need to be working with is his defense attorney. His attorney will be able to explain what you can do to be helpful and will work with the Prosecutor to resolve the case.See question
My Mom-in-law was arrested for a Class B misdemeanor in Texas. She is a visitor here, and her stay cannot be extended beyond Nov 20 due to I94 expiry. She cannot speak or understand English. Coming back again is too much cost for her. Can this...
The case cannot be disposed of without her presence at court. It MAY be possible to dispose of it before she leaves if the case is filed quickly. If she does not appear at court once the case is filed and receives a court date, a warrant for her arrest will be issued. The State of Texas is not going to seek her out in her home country for a Class B misdemeanor, but she would be arrested on that warrant when she returned to the US.
The maximum punishment for a Class B is 180 days in jail or 2 years of probation plus a maximum fine of $2,000. If she does not have any prior cases, she may qualify for a pre-trial diversion program that would result in a dismissal of the case. (However this could not be concluded by November 20.) There is also some chance that the DA would reduce the case to a Class C citation with a deferred disposition, which would avoid jail time and reporting probation and would result in a dismissal at the end of the deferral period.
As for the demand letter from the store, paying that fine or not paying that fine will not affect her criminal case in anyway. Although the retailer would have the right to sue her in civil court for that money, I have never seen that happen (it is simply not worth the retailer's money to pursue the lawsuit).
Obviously the best course of action is for her to hire a defense attorney to handle this for her. If she cannot afford one, the court will appoint someone to represent her once the case is filed and receives a court date.See question
I Have a class A misdemeanor for a concealed weapon, that's nearly 20 years old, what steps do I need to take to get that removed, sealed, or expunged in Texas?
What your options are depend on how your case was disposed of. If you were convicted of it, you cannot remove it from your record unless you receive a pardon. If it was dismissed or you were acquitted at trial, you can expunge the case from your record. If you successfully completed deferred probation, you may be eligible to seal it from public view. You need to call a few local defense attorneys to determine what you are eligible for and what their fees are like. Fees will vary so call around.See question
I was leaving my friends hotel, and immediately after sitting in my car a cop comes up to me and says it's a hot area and he asked to search me. I didn't have anything on me so I let him. After he was done, all he he found a very small nugget of m...
I'm sure you could push for the higher charge if you wanted to. Just not clear why you would want to? Sounds like the cop was doing you a favor by giving you the lesser charge.See question
how likely is it that he will not serve actual jail time after a guilty plea?
Well, there isn't a trial if a person pleads guilty (unless it is a slow-plea, which is rare but possible). If you're seeing motions filed and a trial date, it sounds like he pled Not Guilty and is having a trial. None of us can tell you what the likely outcome of his trial will be. If he is convicted, he is facing up to 2 years in State Jail, assuming he doesn't have any enhancement paragraphs. He may also be probation eligible. His attorney is in the best position to give you the most accurate feedback on his case.See question
month ago, Now all of a sudden she got a letter from DPS saying her notice of suspension is rescinded? Could it be her blood came back low? This is good news right? Thanks
No but it sounds like there was some kind of error. DPS can proceed with a license suspension for two reasons: 1) If a person refuses to provided a breath or blood specimen, or 2) If a person agrees to provide a specimen and the BAC comes back at .08 or higher. Because your friend refused, the BAC result is irrelevant to the DPS suspension issue.
That being said, many of my clients have been mistaken about whether or not they refused. If she agreed to the blood test, DPS will not proceed with a suspension action unless and until the BAC comes back at .08 or greater. This usually takes at least 90 days.See question
Between 11/2014 nd 1/2015 my son was charged with 3 class A burg of veh. Since there are 3 in a short period of time, can the judge enhance the charge? Does it apply to the 3 strikes law in Texas?
You are asking a few different questions. Deferred means the person is never convicted if they successfully complete the probation. BMVs can be enhanced with prior BMV convictions. The "3 strikes law" only applies to felonies. I hope this information is helpful. For more detailed feedback, you'll need to talk to an attorney about the specifics of the cases.See question
Im currently on "shock prbation" and i wanna now how much am i looking at as far as cost goes to get it cut in half they told me after im done with my community service hours i could file so they can get me off probation Need help on understandi...
Attorneys set their own fees so you will just have to call around for fee quotes. Someone who practices in Tarrant regularly can tell you how likely it is to get early release based on several factors including whose court you're in, what you're on probation for, your criminal history, etc.See question
If the bond is 15000 in the fine code is 1500, then does that mean the cost to get out is 1500 even if tdc has a hold. Can you bond out if tdc has a hold.
No you cannot bond someone out who has a TDC hold. Don't get distracted by those codes. You are probably looking at Dallas's Forvus system. It has many sections that are not even used I've been using it for 12 years and those are not codes I look at. If someone has not pled yet, no fine has been assessed.See question