I have warrant and the last name is my childrens last name on the warrant my last name is differant
The prosecutor is allowed to correct the type of error addressed by this question.See question
She paid her restitution, but the company still filed charges against her and put out warrant for her arrest. I posted a non arrest bond for her. The guy from the company said he wouldn't press charges but did and then he said he would drop the ch...
There is not enough information in the question to provide a good answer.
However, here are some thoughts: (1) Prosecutors file charges based on reports that are brought to them by law enforcement, but in some jurisdictions I have seen Justice of the Peace courts take criminal complaints from private individuals; (2) Even if a private individual manages to swear out a complaint, it would be the County Attorney's Office or other elected prosecutor's office that actually prosecuted the case and that had the authority to make a motion to dismiss the case; (3) In municipal and justice of the peace courts where the maximum punishment is a fine only with no possible jail time there is no requirement for appointment of a lawyer for a defendant - maybe some do appoint lawyers, but I have never seen that - but the price for a lawyer for that level of case is often measured in hundreds not thousands of dollars.
Most criminal defense lawyers do not charge for a first office visit. My suggestion is to call around to criminal defense lawyers in Harris County and see what you are really facing in terms of legal fees.
If the case is in a county court at law - and carries possible jail time - then if your daughter is indigent she absolutely has a right to an appointed lawyer...but if she's still a minor for family law purposes, i.e., 17 or younger, you may find that your resources are considered in determining whether she is indigent.
Again, really this is a situation where you need to consult a criminal defense lawyer in your area.See question
had unprotected sex with her
First, Texas' age of consent for sex is NOT 16...but is 17. This is found in the Texas Penal Code, where sex with a child is prohibited, and a "child" is defined by Texas Penal Code, Section 22.011(c)(1) as a person "...younger than 17 years of age."
Second, in Texas we do have what is commonly called the 3-year defense. That means that if both people are at least 14 years of age and there is no more than a 3 year age difference, and the sexual activity was consensual, that's a defense. But, that doesn't mean no one would get charged. A defense is something used to, as the word suggests, defend against the charge. So, sometimes the prosecutor might file the charge and the person charged would end up having to defend the case.
Third, while it is not part of this question, everyone needs to remember that sex with a person under 14 years old is ALWAYS illegal in Texas. The 3-year defense does not apply to that.,
Fourth, with a baby on the way, the questioner really ought to be consulting with a family lawyer...preferably one who also does criminal law...to sort out this situation.See question
I was convicted in 1998 for burglary of habitation with deferred adjudication and in 2005 for theft by check with no probation or jail time just paid a fine, are this convictions going to be a issue on my renewal? I have been a green card holder s...
This is an immigration law question. You may wish to ask it in the immigration section of avvo.See question
and the prosecutor refuses to acknowledge it or may not have knowledge of the sealed records by what means can the state be compelled to produce these files? Furthermore, can a prosecutor be required to produce the FBI criminal background check (e...
1. Convictions are not eligible for a Texas order of non-disclosure.
2. A prosecutor has a duty under both case law and the Texas code of criminal procedure to produce to the defense lawyer both exculpatory and mitigating information the prosecution team has control over.
So like if Sentance carries 15 yrs and you have say 18 mounths back time how long would you do before your up for parole
Parole is not a right in Texas law. Put simply, the parole board can always find a way to make an inmate serve his or her sentence as flat time if the board wants to do that.
I suspect the thing about a year being a month is just someone recalling the late 1980's, when the Texas prison system was so crowded that many non-violent offenders did get paroled after being in prison for about a tenth of their sentence. Those days have been long gone for many years.See question
i served my probation time and community service. i have all my fines paid off. in march of 2015, the judge dismissed all charges against me without conviction. when is the soonest i can get the felony 3 assualt off my record, either by non-disclo...
A deferred adjudication probation, even if successfully completed, is not eligible for expunction.
A person who completes a deferred adjudication probation successfully should seriously consider consulting a criminal defense lawyer about whether that person is eligible to apply for an order of non-disclosure.See question
The ring leader of our organized crime charge an a few more had the charge thrown out can I if I've pled out already
I agree with much of what Mr. Johnston said in his answer. I would add that when one or more of the conspirators pleads guilty and others end up with their cases dismissed, one avenue to explore is why those dismissals happened. If the dismissals were because the prosecutor concluded based on new information that the conspiracy did not exist, a new lawyer for the defendant who pleaded guilty might take a look at whether the defense lawyer at the guilty plea had actually adequately investigated the case before the plea. Absolutely no guarantee that this would lead to a new trial, but it might be explored. I'm sure there are other things I'm not thinking of as well, but the best thing to do would be to consult a lawyer who specializes in post conviction work on criminal cases.See question
A friend of mine was found guilty of "Sexual assault of a child" and was sentenced to 10 years imprisonment, with a minimum of 5 years to serve (Texas). How much time will he actually face and when can he ask for parole? He also spent 5 months in ...
While I agree with Mr. Johnston's comment, I would add that eligibility for parole is no guarantee of parole. Some sex offenders end up serving their entire sentences even though they have become parole eligible.See question
My husband, is currently in jail and waiting for a jury trial. He was charged with family violence which he is pleading not guilty because he did not hit anyone, it was actually his ex who hit his brotherinlaw and then ran. Well the police picked ...
I strongly urge any criminal client who is a citizen of a foreign country to consult an immigration lawyer in addition to having a criminal defense lawyer.
In a situation where there has been an illegal re-entry, it is even more important to seek the counsel of an immigration lawyer.See question