Carl Douglas Haggard’s Answers

Carl Douglas Haggard

Houston Criminal Defense Attorney.

Contributor Level 4
  1. How many times can a lawyer push back a criminal felony case???

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Macy Michelle Jaggers
    3. Carl Douglas Haggard
    4. Jonathan Neal Portner
    4 lawyer answers

    The short answer to how many times a case can be postponed is: "As many times as the Court and D.A. will allow." Assuming that the case has already been indicted by a Grand Jury, the long answer will depend on the facts of each case. I would advise your friend to quietly and confidentially seek a "second opinion" from another local counsel to gain a comfort factor (or not) that the "delay and postpone" tactic being used in his particular case is the best under the circumstances. This will...

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  2. Is urinating in public a criminal offence (men)? (Deferred action)

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Michael D Dement
    3. Jacqueline R. Kriebel
    4. Carl Douglas Haggard
    5. Christopher Paul Bellmore
    5 lawyer answers

    The U.S. Citizenship and Immigration Service would be your best source for an answer as to whether paying a fine or receiving a "deferred action" for a ticket for urinating in public will effect you, your status or your application". Federal law does not have or even recognize "deferred" cases and they will look at the conduct and the outcome as to eligibility. If your "Class C" misdemeanor (or violation of a city ordinance) was in fact "dismissed" by the "deferred action", then it may not...

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  3. Can I press sexual assault charges against my ex-boyfriend?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Debra Vera Jennings
    3. Kevin Rindler Madison
    4. Carl Douglas Haggard
    4 lawyer answers

    Before you report him to the police and subject yourself to potential liability for civil damages (read: "money judgment"), I would advise that you first contact a private attorney with criminal law experience to guide you. Your respective ages, prior relationship, and the date of the alleged touching (how long you have been "thinking of reporting him to the police"?) are all factors to be examined by you and your private attorney before just charging off now and making this allegation. You...

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  4. Miscarriage in justice

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Jacqueline R. Kriebel
    3. Carl Douglas Haggard
    4. Evan Edward Pierce-Jones
    4 lawyer answers

    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'...

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  5. I cannot afford a lawyer is possible for me to get a court appointed a lawyer to be working on my case before I go to court?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Carl Douglas Haggard
    3. Robert Sterling Guest
    3 lawyer answers

    Assuming the Judges in both counties find you indigent and appoint attorneys to your respective cases (Motion to Revoke Probation in one county, new Possession of a Controlled Substance, State Jail Felony, in the other county), the usual process from there is that you most likely will face a hearing without a right to a trial by jury on the Motion to Revoke first, absent plea bargain agreements. I cannot tell from the question if you have already appeared before the Judges in the county where...

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  6. I was arrested for shoplifting & it was my third time, I think it's a felony I bonded out but I'm scared I'll have to do jail

    Answered over 1 year ago.

    1. Richard Timothy Jones
    2. Macy Michelle Jaggers
    3. Carl Douglas Haggard
    3 lawyer answers

    This is not the same as "Three Strikes and You're Out". Under Texas law, a third misdemeanor theft can be chaged as a State Jail Felony theft, but that still means, unfortunately, your first felony. The real question will be what terms and conditions will come along with an expected deferred adjudication and I agree that you might prepare yourself for some jail time, no matter how good your attorney is.

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

    Answered over 1 year ago.

    1. Philip Michael Gommels
    2. Macy Michelle Jaggers
    3. Carl Douglas Haggard
    3 lawyer answers

    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...

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

    Answered over 1 year ago.

    1. Evan Edward Pierce-Jones
    2. Bobby Dale Barina
    3. Michael Douglas Shafer
    4. Carl Douglas Haggard
    4 lawyer answers

    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...

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  9. Statute of limitations in light of dismissed charges

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Carl Douglas Haggard
    2 lawyer answers

    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",...

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  10. If a person is in the county jail and has supposedly been indicted, is she/he supposed to receive a notice of indictment?

    Answered over 1 year ago.

    1. Evan Edward Pierce-Jones
    2. Carl Douglas Haggard
    3. Richard Timothy Jones
    3 lawyer answers

    Unfortunately, there is no requirement in the Code of Criminal Procedure that the State "prove" the service by an actual signed receipt document from an inmate. They often, from what I have observed with other documents, just mark the return of service as "served", meaning that some jailor was given the papers to give the inmate. It is hard to prove against any written "served" notations and the remedy, if raised by defendant by motion claiming a failure to serve the indictment, would be to...

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