Carmen Mae Roe’s Answers

Carmen Mae Roe

Houston Criminal Defense Attorney.

Contributor Level 7
  1. Claims for ineffective assistance of counsel norms?

    Answered over 1 year ago.

    1. Carmen Mae Roe
    2. John Charles Hafley
    3. David Brian Snyder
    4. Matthew J. Sullivan
    4 lawyer answers

    Yes, that is higher than normal. In order to find an attorney ineffective in Texas a showing must be made that his/his conduct fell below an objective standard of reasonableness and they must show that it mattered in a particular case; in other words there was harm to the client. It is a very high burden that is difficult to prove in many criminal cases. On average, I would say most attorneys have 0 claims of ineffective assistance of counsel found to be true by a court. That said, 3 is a...

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  2. If you get DUI dismissed through a pre-trial diversion program, Will it still show as charge/arrest criminal record?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Carmen Mae Roe
    3. Richard Timothy Jones
    4. Lucio Antonio Montes
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    A successfully completed pre-trial diversion should result In a dismissal. If someone looks at your criminal history it will show you were charged with a crime and it was dismissed. You can have the charge removed from your record by filing an expunction to "seal" the criminal charge from public view. Feel free to contact me directly if you have further questions or concerns. Carmen M. Roe 713.236.7755 www.carmenroe.com

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  3. I need to know if there's anyway I could get probation for forgery if its my 2 nd offense in texas

    Answered over 1 year ago.

    1. Carmen Mae Roe
    2. Macy Michelle Jaggers
    3. Richard Timothy Jones
    3 lawyer answers

    Yes, probation is an option. You need an attorney to negotiate a favorable plea for you. If you have more questions or concerns you can contact me directly. Good luck! Carmen M. Roe 713.236.7755 www.carmenroe.com

    5 lawyers agreed with this answer

  4. Non-arrest for theft charge

    Answered about 1 year ago.

    1. Carmen Mae Roe
    2. Larry P. Mcdougal
    3. Frances Jean Moss Sullivan
    4. Lucio Antonio Montes
    4 lawyer answers

    Unfortunately, this can happen but I know it is frustrating. He needs to hire an attorney to help him resolve the case and get a bond to resolve the warrant. Good luck! CMR Carmen M. Roe Attorney at Law

    4 lawyers agreed with this answer

  5. My brother suffers from mental illness & substance abuse he has been charge with Drug Possession. Can he get probation ?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Carmen Mae Roe
    3. Richard Stephen Jaffe
    3 lawyer answers

    The answer to your question depends on a lot of things that an attorney would need to evaluate in deciding what the best course of action might be for your brother. It sounds like he has a serious problem with mental health and drugs. There are no easy solutions for these problems but inpatient treatment may be an option and probation may be an option. Without some sort of treatment, your brother would not be a good candidate for probation since it would likely set him up for more jail time...

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  6. If the person is in jail can i apply for the expunged?

    Answered over 1 year ago.

    1. Carmen Mae Roe
    2. Macy Michelle Jaggers
    3. Richard Timothy Jones
    3 lawyer answers

    The information you provided indicates that the person is in jail which means they plead guilty to a criminal offense. In this case they would not be eligible for an expunction. An expunction is only applicable when there has been a dismissal of charges. Good luck! Carmen M. Roe Attorney At Law www.carmenroe.com

    4 lawyers agreed with this answer

  7. How does deferred adjudication or expungement work if I was charged with a Class B misdemeanor of theft 50-500?

    Answered over 1 year ago.

    1. M Elizabeth Gunn
    2. Macy Michelle Jaggers
    3. Carmen Mae Roe
    4. Kenneth Gerald Leggett
    4 lawyer answers

    Theft is crime against society and therefore one of the worst misdemeanor charges you can have. That said, you can only get an expunction if the case is dismissed. A deferred adjudication is not a dismissal for expunction purposes. Two years after you successfully complete a deferred and if you are not charged with any other crime during that period, you can petition the court for permission to file a nondisclosure to seal your record. As already discussed this is a limited "sealing" of your...

    4 lawyers agreed with this answer

  8. What are my chances?

    Answered about 1 year ago.

    1. Carmen Mae Roe
    2. Jon Michael O'Toole
    3. Lucio Antonio Montes
    4. Stephen Andrew Hamer
    4 lawyer answers

    Although this is only a Class C or fine only offense, I would take it seriously because any criminal history is likely to impact your future. It sounds like you are right to be concerned and to take this case seriously. You need to hire an experienced attorney to assist you with the case. As others have said you need to either get a dismissal or successfully complete a deferred adjudication. Thereafter, you will want to pay to have an attorney expunge it from your record to remove the...

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  9. Is there a cheaper was to get verbatim transcripts from a criminal trial?

    Answered about 1 year ago.

    1. Carmen Mae Roe
    2. Thomas Crosby Stephenson
    3. Stephen A. Gustitis
    4. Macy Michelle Jaggers
    4 lawyer answers

    If your brother is indigent, meaning he has no money (usually if he is in custody he is indigent) then he is entitled to a free record. If the court insists that he can pay for the record, you are entitled to have a hearing to establish his indigency in order to get a free record. Alternatively, if you have a court-appointed attorney (public defender or not), they always have access to a free record in order to review the case for the appeal. The appellate attorney can give you access to the...

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  10. How does a lawyer withdraw after they sign on as your Attorney of Record/Hired Defense in a criminal case in Harris County?

    Answered about 1 year ago.

    1. Carmen Mae Roe
    2. Lucio Antonio Montes
    3. Don Karotkin
    3 lawyer answers

    Yes, it is very easy. There are forms in most felony courts that can be completed in court or a motion can be filed by either attorney. Good luck! CARMEN M. ROE Criminal Defense and Appeals Law Office of Carmen M. Roe 440 Louisiana Suite 900 Houston Texas 77002 713.236.7755 713.236.7756 Fax carmen@carmenroe.com www.carmenroe.com

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