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Luke Aaron Williams
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Luke Williams’s Answers

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  • A friend of mine was arrested for theft <1500 2/prev convictions and it was set at state jail felony whats gonna happen?

    It was set at a state jail felony because of the two priors and he was bonded out the very next day. Im really just want to know what is going to happen and when the court date will be. Thank you

    Luke’s Answer

    If you know what specific court the theft case is in, you should contact that court to find out when the next court date is scheduled. Because it is a state jail felony, it will be in a District court. In the meantime, you should contact an attorney to have him advise you of the process and the procedures that will take place over the coming months and to advise you of your options under the law.

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  • Arrested with no conviction dismissed case but on arrest record shows the class A misdemeanor shows up on arrest record?

    arrested for interfer w/911 call last year case dismissed no trial or anything after i did community service dismissed this january. arrest record shows class a misdemeanor class A but doesnt mention case dismissed will the dissmiss show on crimin...

    Luke’s Answer

    You can file a petition for expunction of the arrest record. Article 55.01 governs expunctions. You would need an attorney to evaluate whether you would be able to file an expunction immediately or if you would need to wait. The new expunction guidelines allow for a Class A misdemeanor to be expunged after only a year has passed.

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  • What is a good defense for aggravated robbery charge?

    My boyfriend has been charged with aggravated robbery due to the fact that he let someone use his phone to place a call to the place that was robbed a hour later. The only thing that they are holding him on is the fact that he allowed someone to u...

    Luke’s Answer

    Texas Penal Code Sec. 29.03 states that "(a) A person commits an offense if he commits robbery as defined in Section 29.02,and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: (A) 65 years of age or older; or (B) a disabled person."

    The State can proceed against parties to an offense and charge the party to that offense with the same crime that was committed by the actual actor (this is commonly referred to as the "law of parties").

    An attorney would need to obtain more specific facts regarding your boyfriend's situation to properly evaluate his case. Aggravated Robbery is a first degree felony carrying very serious penalties should your boyfriend be convicted. He should speak with an attorney as soon as possible.

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  • Two 1st time DWI convictions possible?

    I got a DWI in January. I havent been convicted and the charges are pending. Last weekend I got another DWI. The judge in the jail said I was being charged with a 1st time offense even though its my 2nd one. A friend of mine was in a similar s...

    Luke’s Answer

    For the State to convict you of the Class A Misdemeanor of DWI-Second, the first must have become a final conviction before you picked up your second. It is possible that you can get two convictions for DWI-1st (both being class B misdemeanors). If you are convicted on both, your third DWI will still be a felony charge (DWI-3rd). You should hire an attorney to evaluate your cases and try to get at least one of the cases dismissed (or both depending on the circumstances).

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  • I was recently arrested for Criminal Trespassing & Neglect/Abandonment Endangerment to a child in Denton Tx,

    for leaving my 11yr old in my car.... which was located in the downstairs parking lot of my boyfriends apt building. I briefly ran up the stairs to ask him for gas money to get back home that night, when the police showed up and immediately arr...

    Luke’s Answer

    You should contact an attorney about this matter. Criminal Trespass can be either a Class A or B misdemeanor depending on the specific facts of your case. That means on the Criminal Trespass alone you could face up to a year in jail and up to a $4,000 fine. On top of the Criminal Trespass, Abandoning or Endangering a Child with the intent to return for the child is a State Jail Felony. With a State Jail Felony, you could face between 6 months and 2 years in a State Jail facility and up to a $10,000 fine. Also, a felony conviction carries significant consequences on your criminal record.

    If you have no prior history (and especially no prior felony convictions), you are eligible for probation on these offenses.

    For a thorough review of you charges and the facts and circumstances of your specific situation, you should consult with an attorney. He will be able to further analyze these cases to give you a clearer picture of what you could be facing.

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  • Is intrapment against the law

    a cop was tailgating me with brite lights on, it was causing me to swerve cause the light was blinding me.

    Luke’s Answer

    Entrapment is a defense to prosecution in Texas.

    Texas Penal Code Section 8.06 states that, "it is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit an offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment."

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  • Worried mom... Son received 2 tickets.. Indecent exposure & urinating in public

    After being out dancing with his girlfriend & another friend it was late night/early am, the others were in the truck. My son had to urinate so he went around the truck so nobody could see him. Lot was empty and nobody around. After he was back in...

    Luke’s Answer

    If he was just cited for class c misdemeanors, he won't have to register as a sex offender. If he paid the amount to the court as bond, then you can hire an attorney to fight the citations. If he entered a plea of guilty and paid the fines, they will be on his record. If he received deferred adjudication, he may be able to get them expunged.

    You should consult with a local attorney so that he can analyze the specific facts and circumstances of your son's cases.

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  • I have a warrant for a class c, theft under 50 in Texas. How should I go about removing it from my record with limited funds?

    2 and a half years ago, I was issued a cite for theft under $50. I spoke with a local lawyer not long after the incident and his response was to pay it. At the time, I felt that it should be dismissed, being as I never left the store. I am now in ...

    Luke’s Answer

    If you have a warrant out for your arrest, you'll have to contact the court in the jurisdiction where the citation was issued and find out how much it will cost to post bond to get the warrant lifted. The court will require you to post some amount as bond (usually the close to the maximum cost on the citation) before the warrant will be lifted. It's likely that if you allowed this citation to go to warrant, you were also issued another citation for failure to appear for court (incurring another possible warrant and additional fines/costs).

    You can also contact an attorney to see about having the warrant or warrants lifted for you.

    Once you've posted bond and lifted the warrant, or had an attorney lift the warrant, you'll still have to either plead guilty / no contest or not guilty on the citation. If you plead guilty / no contest, the citation WILL go on your record. A THEFT CONVICTION CARRIES SERIOUS CONSEQUENCES even at a class C level.

    It would be in your best interest to contact an attorney to discuss this matter further.

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  • My boyfriend was out on probation for robbery had 60 days left and got charged with poss cs pg 1 <1g.

    How much time is he looking at... This is his second poss charge first was in 93 for poss mj2..

    Luke’s Answer

    The answer to your question depends on how much underlying time he pled to. That would be the maximum amount of time the judge could sentence him to serve if he revokes his probation. If he is on deferred adjudication for the offense, then the judge has the full range of punishment to consider when assessing how much time he will be sentenced to.

    Also, his probation has to be revoked. It is not automatically revoked even when a person picks up a new charge (although it is extremely likley that the State will be - or has - filed an application to the Court to revoke his probation).

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  • Will they allow my boyfriend to call from jail

    San Antonio

    Luke’s Answer

    It depends on what facility he is in. Each jail has it's own phone system with different procedures. You should keep in mind though that if they do allow him to call from jail, it's likley that your conversation will be recorded and things that you or he says may be used against him at trial.

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