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Daniel Keith Peugh

Daniel Peugh’s Answers

11 total


  • Can i move out at 17 without being emancipated and not get into trouble?

    my parents are moving away in a few months, but i want to stay where we are. i have a job, and i go to school like im supposed to, and my credits would get messed up transferring to a different school if they dont have the same courses. i want t...

    Daniel’s Answer

    Until you are 18 years of age or you are legally emancipated you are your parents responsibility by law. In Denton County we do not treat 17 year olds as runaways. Here, a runaway report to the police would be changed to a missing persons report because of your age. Your name and other statistics would be entered into the state and national data bases. When you come into contact with a police officer anywhere that enters your name into his or her in car computer you will come up on the computer as a missing person. If you are still under 18, you will be returned to your parents. The prior answer raises the most important issue: where are you going to live? Work this out with your parents.

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  • Need to know legal rights

    my 12 year old brother in law has been accused of sexual harassment. It was reported thursday but his parents weren't informed till today (monday) about the situation. The police has spoken to him and the girls parents are demanding that my in law...

    Daniel’s Answer

    Whatever actions your brother-in-law is alleged to have taken that amounted to sexual harassment could also constitute a crime. If he is ultimately charged with a crime he has a right to remain silent about the allegations, he has a right to an attorney to represent him regarding the charges, and he has a right to be proven to have violated the law beyond a reasonable doubt. There are, of course, a number of other rights involved in defending juvenile charges. Those are the big ones. If this situation is not criminal in nature but, rather a civil claim for damages caused by your brother-in-law he still has rights. He has an absolute right to say he didn't do anything wrong if that is the truth of the matter. He has a right to defend himself against the allegations in a court of law of a civil lawsuit is filed. He also has a right to contest the $100,000 demand and these are only some of his rights in the civil justice system. The Juvenile and Civil Justice Systems are very different and, as a result, the rights and duties involved in each are very different. For now, he does not have to pay any money or say he did anything wrong. If a case ends up in the justice system, he'll want a lawyer on his side no matter what.

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  • What would be the best way to give a counter offer to a plea, when its Bmisd, and Youve waived rights.

    Last year got arrested for criminal mischief. allegedly I broke a window when window broke while someone was slamming door at an extended stay motel.. They charged me with a class B misd. Today at the face time with county attorney. They offered o...

    Daniel’s Answer

    The best way to make a counter offer to a prosecutor is face to face. You will also need to have some reason why the prosecutor should lower his or her offer. If you can document those reasons with tangible records, photos, or statements so much the better. Be prepared for the prosecutor to refuse to negotiate with you. You are not represented by counsel and you are not an attorney. Prosecutors are attorneys. Some prosecutors' offices will not negotiate with unrepresented citizens because of the imbalance of power. Other prosecutors will not negotiate because they do not have to. You will not be able to credibly threaten the prosecutor's chances of success. Most of how prosecutor's arrive at plea offers is based on what they think will happen at trial. They do not believe you will be any threat to them at trial. (i.e. no evidence is in danger of suppression, a not guilty is unlikely, etc.) Take your best shot but, the best way to get your best deal (including a dismissal if appropriate) is to hire a competent attorney.

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  • What determines whether a DUI will be classified as a misdemeanor or felony?

    Can previous offenses not related to drunk driving lead to a felony DUI case?

    Daniel’s Answer

    A DWI with 2 or more prior convictions for DWI is a third degree felony. A single DWI with a child under the age of 15 in the car is a state jail felony. Intoxication Assault (a DWI wherein there was an accident and someone suffered injury) and Intoxication Manslaughter (a DWI wherein there was an accident and someone was killed) are both felonies. DWI first offenses or DWI's with only 1 prior DWI conviction are both misdemeanors. Non-DWI priors will not make a first DWI a second or a second DWI a third and so on. However, prior non-DWI cases can be used to give a defendant more punishment.

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  • What are the possible punishments if I was charged as a Juvenile with theft. It was a Class A Misdemeanor.

    This is my first offense.

    Daniel’s Answer

    In Texas we have a Progressive Sanction Model for Juvenile cases. The Sanction Model is located in Chapter 59 of the Texas Family Code. A first offense Class A Theft would equate to a Sanction Model Level 2 offense. Sanction Level 2 calls for diversion or first offender programs. These programs often consist of a meeting with a juvenile probation officer, a Theft Intervention Class, and, possibly, some community service. The programs vary but they often operate without the juvenile and family ever going to court. If a case is filed in court, State Law requires that juveniles have an attorney. A first offender program is still possible when a case goes to court but, it is also possible that the Juvenile Justice System will deviate up from a Level 2 sanction to a Level 3 sanction based on the specific case and child in question. Level 3 calls for 6 to 12 months probation in the child's home. What is possible? Its possible that a juvenile could be removed from his or her home and placed into any one of a number of different juvenile placement facilities. However, because of the Sanction Model and other good reasons, such an outcome is unlikely. If diversion or deferred prosecution is not the outcome then 6 months probation seems likely.

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  • Do I need a state lawyer?

    My little brother was involbed in theft and he was placed on provation! When he was brought in for questioning there was no parent or attorney present and he was only 15 yrs old now because he violated his provation the county wants to give him 5 ...

    Daniel’s Answer

    TYC, now TJJP, can only hold juveniles until their 19th birthdays. However, any stay in TJJP is a serious consequence and you should absolutely provide your son with a lawyer. The Texas Family Code requires that parents provide lawyers for their juvenile children in these situations. If your son was in custody and he was being questioned about possible criminal activity without the required legal safeguards being followed, that would be illegal. Any evidence obtained from such a questioning could be suppressed. However, if that happened in the case before your son accepted probation it is most likely too late now to raise the issue. It is very likely the only relevant issues are going to be did your son violate probation and, if so, what should the punishment be.

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  • Does my 16 yo daughter need an attorney?

    Arrested last night for shoplifting in Houston Texas. Class B misdemeanor. No prior problems. First offense. Honor student, cheerleader, student council, etc.....stupid choices I know, but I would like to know if this will be on her record and ...

    Daniel’s Answer

    She is charged by law enforcement with a Class B Misdemeanor. However, the law allows for juvenile diversion programs. It seems to me a first offense shoplifting cries out for diversion. Harris County Juvenile Probation can contact you to come in with your daughter and meet with them. They can offer your daughter a diversion program that might require he to take a Theft Intervention Class and possibly perform some community service. If this should occur the case will not be filed in juvenile court and you will not need a lawyer. If the case is formally filed in juvenile court you will be required by law to provide an attorney for your daughter. It might be worthwhile to hire an attorney to attempt to direct your case to diversion. Juvenile records are by law confidential. I do not believe she will be required to reveal this shoplifting charge when applying to college.

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  • CAN I ASK FOR A COPY OF A POLICE REPORT, AND A COPY OF A STATEMENT MADE AGAINST MY MINOR CHILD BEFORE THE COURT DATE?

    MY 15 YEAR OLD SON WAS GIVEN A TICKET FOR DISORDERLY CONDUCT BECAUSE HE WAS DANCING AT A PARK WITH SOME FRIENDS AND HIS DANCING OFFENDED AN ELDERLY CITIZEN AND SHE CALLED THE LAW OUT TO TICKET HIM. DO I NEED A LAWYER? HE WAS TOLD BY THE OFFICER TH...

    Daniel’s Answer

    Yes. Get your child an attorney. The police report, witness statements, and video are collectively known as discovery. You can ask that the judge order the prosecutor to turn those things over to you or at least let you see them. In my experience, judges are likely to grant that request. However, you seem to be seriously contemplating fighting this ticket. You will be at a severe disadvantage against an experienced prosecutor. A defense attorney can more easily get discovery than a party that is unrepresented generally speaking. Further, an attorney will more quickly and accurately identify weaknesses in the charge against your son and an attorney can develope strong defensive theorie3s of the case. Good luck.

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  • What kind of lawyer do I need to retain for a class c ticket that my 15 year old received for disorderly conduct?

    My 15 year old was given a ticket for disorderly conduct because he was dancing in the park with some friends and his dancing offended an elderly female.

    Daniel’s Answer

    You definitely want a criminal defense attorney as your son is charged with a Penal Code offense. Your best bet would be an attorney that handles both adult criminal and juvenile matters as your son is still a minor. Even ticket courts handle juvenile matters differently than adult matters. For example, your son might be eligible to take care of his ticket via Teen Court. Teen Court is an excellent program that minors get to participate in as the prosecutors, defense attorneys, and jurors on juvenile tickets. It is a great learning experience and the minors I have represented have really enjoyed the process even though it can be time consuming. Teen Court, and other like programs, result in a dismissal of the ticket when the program is successfully completed.

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  • Do I have to pay child support, while I have district court conditions of release orders for juvenile son to be in my custody?

    Mother has primary residence and I standard visiting, however we have never gone by that it's always been at least 50/50. Son was arrested and detained. At the detention hearing court wanted him released to my custody and he is ordered to be at my...

    Daniel’s Answer

    The Juvenile Court Order does supersede the District Court divorce decree but, only as to custody. Where the Juvenile Court Order is silent the divorce decree is still controlling. That includes paying child support even though, under current circumstances, that does not make much sense. To be sure you are not in violation of your divorce decree, the safest course of action is to petition for a change in those orders to reflect the new circumstances. If the Prosecutor's Office files formal court charges against your son, those charges will have to be settled. If your son pleads to or is found to have engaged in delinquent conduct, the Juvenile Court will be called upon to make a disposition in the case. That disposition will include ordering where the child resides. If the Court orders that your son remain with you, your current circumstances could continue for months into the future. The need to petition to change your divorce decree might be even more pressing then.

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