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Carl Douglas Haggard

Carl Haggard’s Answers

19 total


  • I have a $600 fine and want to turn myself in. How many days will I sit in Harris count if i cant get bailed out?

    I wrote the hot check in 2005. I now received a warrant and want to turn myself in.

    Carl’s Answer

    In Harris County, you "lay out" fines and court costs (don't forget about court costs) at $100 per day. But you say that you have just received notice of a warrant for a 2005 Theft by Check case. You should hire an attorney before turning yourself into Harris County or ask for a court-appointed attorney if you cannot afford to pay for your own attorney after you turn yourself in. You are charged with a Theft case - Theft by Check. This should be taken very seriously because it is a crime of moral turpitude (legalize for "very serious misdemeanor") that will effect you the rest of your life. You should do whatever it takes to keep this off of your record as a final conviction for Theft. There is no such thing as a "Hot Check" case. It is a Theft case. You will have a permanent record as being a thief. I assume you meant that you have a hot check out for $600 that turned into a warrant due to not making the check good to the payee. I would vigorously advise NOT just paying a fine on a Theft by Check case. Whatever you can do to protect your record now from a theft conviction will pay off handsomely in jobs for the future; a theft conviction will poison your future for job opportunities.

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  • Will deferred adjudication on my record prevent me from being able to own a firearm?

    i have no previous criminal history

    Carl’s Answer

    No, under Texas law if you have successfully completed the Deferred Adjudication period and your case was subsequently dismissed. You have no conviction under Texas law and no firearm ownership disabilities. Yes, under Texas law if you are under Rules of Community Supervision that contain such prohibition. But here's the rub: Under federal law, Deferred Adjudication is unknown and the feds treat all state Deferred Adjudication judgments as regular probations and, thus, a law violation. Therefore, you then have to look at whether your case was any felony or a misdemeanor involving family violence or if you are under a restraining (protection) order for domestic abuse in any state (thanks in part to the vote of the former Junior Senator from Texas, Kay Bailey Hutchison, in favor of the 1997 federal Domestic Violence Offender Gun Ban), in which case you are banned under federal law from the shipment, transport, ownership and use of guns or ammunition. So far this 1997 violation of the Second Amendment has only been enforced on the federal level against federal employees and soldiers. I would advise all citizens not subject to the 1997 federal Domestic Violence Offender Gun Ban (I would never encourage anyone to violate any federal law) and who are eligible under their state law: Buy large caliber auto-loading defense rifles. Buy a lot of ammunition. Buy large capacity clips. The best way to protect a right is to exercise it with vigor. I hope that you are able, but you should consult a private attorney about your particular case.

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  • IF I HAVE DEFERRED PROBATION FOR A FELONY CHARGE CAN I GET A NON DISCLOSURE AND STILL GO TO SCHOOL TO BE A PROBATION OFFICER

    MAN/DEL OF A CONTROLLED SUBSTANCE FROM YEAR 2007

    Carl’s Answer

    I do not disagree with any of my leaned collegues above opinions about the likelihood of employment with any government agency with a record (even a Deferred Adjudication) for Manufacture/Delivery of a Controlled Substance. I am uncertain about the "school to be a probation officer" to which you refer. A degree in "Criminal Justice", etc., will open many horizons for you and if you are interested in this area, your employment opportunities are not limited to being a probation officer. Follow your star; unfortunately, you may need to set your sights on a different star. There are many stars in the criminal justice field of stars.

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  • Why would a hospital not respond to 3-4 subpoenas by the DA office?

    Involved in litigation where the complainant has fabricated a story about injuries being sustained and we have been waiting for past 9 months, We have been told that the hospital has been subpoenaed 4 times and to no result.

    Carl’s Answer

    I can't get 9 months of continuances or resets for medical records and have never seen a determined DA's office be checkmated by a hospital's refusal to respond to give up medical records under subpoena, HIPAA (the American Health Insurance Portability and Accountability Act of 1996) confidentiality issues notwithstanding. Also, one subpoena should do it and I don't understand multiple subpoenas or what your attorney is doing to get what you need to end this sad journey. How about offering the Judge the opportunity to find someone in contempt? They love that. Has the Court been approached at all about all the delay? I am assuming this is in criminal court because you mentioned "the DA office'. I'd say it is about time to start rocking the boat. I am shocked that the Court is not already knocking heads. Have your attorney issue one subpoena and then get any delay on the part of the hospital immediately in front of that Judge.

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  • My daughter paid a fine for domestic disturbance and was told her record would cleared after period of time.

    She applied for job which they made the offer to her. The background check came back with the mismeanor so the position offer was rescinded. I pulled the case information and it says "disposed" . How can we get records sealed or expunge?

    Carl’s Answer

    Reading between the lines here, your daughter has no chance for sealing or expunging her record and practically zero chance of a new trial (or an "out-of-time collateral attack" on the conviction) based on incompetent counsel or receiving incompetent advice. I am going to assume that she "paid a fine for domestic disturbance" means she was convicted of Assault, Family Member, given back time credit, and had to pay to pay a fine and court costs. Any way it is cut, she pleaded guilty and received a final conviction. In Harris County, there were probably several documents that spelled out to her that she was receiving a final conviction for Assault, Family Member, was not getting Deferred Adjudication, and was additionally giving up the right to appeal. That being said (and here is the very long shot at setting aside the plea as being "not voluntary" due to incompetent counsel or incompetent advice), your daughter will have to make a showing (among other things) that she received such advice from her attorney ("would be cleared after a period of time"), that such advice caused her to enter the plea that was entered and, probably, that she additionally did not understand the court documents she was signing or the Court's admonisments. If she just paid a fine for "disturbing the peace" (a Class "C" misdemeanor) that flowed from a "domestic disturbance", she will still be in the same position of having to attack the attorney in order to attack the conviction. Either way, she will carry a heavy burden to overturn the conviction.

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  • My son was arrested for evading when he did not know it was a cop. He was charged with nothing else. Is that normal???

    My son and his friends were walking to the store at 1 in the morning. Instead of going to the end of the street and cutting over. They cross where a building is being built. There is no fence around the property. Two went to the store and my son a...

    Carl’s Answer

    Ask your son's attorney about inquiring whether the D.A.'s office will "divert" the case, if they will consider such relief, short of a trial. It sounds like your son has no prior record, was not otherwise committing any offense (other than a thin beef of "criminal trespass" of the property), but did run from the police. Some considerations a good attorney will examine is whether the police car was marked or unmarked and whether the officer used any emergency lights or audible police-type sounds to identify police presence. The "divert" is an entire explanation by itself, but should be examined as an alternative from what I am reading here.

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  • Statute of limitations in light of dismissed charges

    back in sept '12 i was arrested for cleaning my shotgun on my front porch. i just went to trial where they dismissed the charges due to filing as a class c instead of class b misdeamenor. how long do they have to refile charges? does statute of li...

    Carl’s Answer

    There is no law against "cleaning a shotgun on a front porch." I am assuming that the charge went from some type of misdemeanor (but "Terroristic Threat" is a Class A) to some kind of "Rudely Displaying Firearm" or something. In any event, you said you "went to trial", so I am again going to make a leap of faith and presume that a trial had begun. You should talk to your attorney about issues involving "double jeapordary". They may not be able to refile. Anyway, failing "double jeapordary", they have to the end of the statute of limitations for the particular kind of case and that runs from the date of the event. It runs from the date of arrest without regard to subtracting any time credited to the State for have the wrong charge filed against you - there is no "tolling" of the statute of limitations under the circumstances you describe.

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  • Miscarriage in justice

    Can someone please explain to me what "miscarriage of justice" means. Also why would a prosecutor file a motion for continuance prior to sentencing due to the possibility of a miscarriage in justice?

    Carl’s Answer

    A sworn Motion for Continuance (by either side) should state that the Motion is "not for mere delay but that justice may be done". To say that "a miscarriage of justice" may occur is basically saying the same thing, but it should have specifically spelled out for the Judge the exact reason(s) for the request, such as "a missing witness" material to the State's case and spell out why. The attorney of record should have a copy of the Motion should be able to address the particulars of the State's Motion. Just stating "miscarriage of justice" would not be enough.

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  • What generally happens at a contested revocation hearing (Texas)?

    My friend's Probation Officer filed a motion to revoke last July. The office relocated and he was told he would be notified of who his new PO would be and where, but never received it, so did not report for several months. He reported upon gett...

    Carl’s Answer

    The most important thing to keep in mind is that this is a hearing to the Judge with no right to a jury trial and, as Mr. Pierce-Jones noted, the burden of proof is not "beyond a reasonable doubt', but a "preponderance of the evidence", or a much less strict standard. It also sound like your friend has a bit of a history with this Court and that history is negative. Much will depend on the nature of the underlying charge (which is not apparent from the notes) and your friend's completion of the other terms of probation to mitigate the confusion on reporting a couple of times under the circumstances you describe. I agree with the lawyer that any Motion to Revoke Probation is risky.

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