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Carmen Mae Roe

Carmen Roe’s Answers

22 total

  • Can someone please help me with an employment issue regarding a misdemeanor theft conviction?

    I have a misdemeanor theft (500-1500) conviction from 2009. I got time served so I can't get it expunged, is there anything else I can do that would help when I look for jobs? If I tell people I have a theft, I won't get an interview, but if I don...

    Carmen’s Answer

    You can hire an attorney to look into a possible post-conviction writ. Alternatively, the greater the distance you put between you and the criminal offense, the better off you will be in the long run but unfortunately because records are easily accessible online, it's going to be difficult to completely distance yourself from the conviction. You can prepare a statement regarding the offense presenting minimizing facts to help put the theft offense in perspective.

    Good luck!

    Carmen M. Roe
    Attorney at Law

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

    What is the procedure for a lawyer to withdraw as the attorney of record or hired defense attorney from a felony criminal case in a Harris County, Texas District Court? Is this process fairly easy to do?

    Carmen’s Answer

    • Selected as best answer

    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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  • The Galveston county Da dismissed a POM <2>4oz back in march 2013 and I just got a call from bail bondsman that I have court

    Monday 7/15/13 for an announcement hearing what is happening are they trying to pick up case again

    Carmen’s Answer

    The case was likely refilled and as the previous attorney said, the DA's office can refile anytime within the statute of limitations. You need to hire an attorney to help fight the case. It sounds like you are set for an arraignment setting on 7.15.13 which just means it's your first court appearance on the charge.

    CARMEN M. ROE
    Criminal Defense and Criminal 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

    See question 
  • Can you file to have a case expunged yourself if the case was dismissed? I want it off my record.

    Theft case in Harris County, Houston, TX. Case was dismissed because I was no where near where they supposedly said it happened. I was identified, but later found to be the wrong person. I want this off my record because it could affect my entir...

    Carmen’s Answer

    In Harris County you will be entitled to an immediate expunction if this is a misdemeanor case (absent exceptional circumstances). You can absolutely do it yourself and there are forms online. It is a difficult process and you may not know enough to get it done correctly, so I advise that you hire an attorney to assist you. There are very affordable attorneys who can help with this type of expunction. That said, if you want to proceed on your own, you can and Harris County does make it easier than most counties.

    Good luck!

    Carmen M. Roe
    Attorney at Law
    713.236.7755.
    www.carmenroe.com

    See question 
  • Is there a cheaper was to get verbatim transcripts from a criminal trial?

    I'm trying to help my brother. I spoke with the court reported from his trial and she's charging me $5 a page for the transcript. It's over 1000 pages... I thought if I had it, that would help me, and any gracious attorney, advocate his innocence...

    Carmen’s Answer

    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 record to make copies etc.

    Good luck!

    Carmen M. Roe
    Attorney at Law
    713.236.7755.
    www.carmenroe.com

    See question 
  • Non-arrest for theft charge

    My son was arrested last September for possession of drug paraphernalia. He did what he was supposed to do to clear that. Then, last week he was stopped for a traffic ticket and was told he had an open warrant for the same day on a theft charge....

    Carmen’s Answer

    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

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  • Got caught stealing from Wal-Mart and i am over 18, what will happen?

    I did something crazy and tried to steal some stuff, the items in total were like $72 i think... and they questioned me, made me fill out a paper, took my picture and let me go... I am supposed to receiving a fine soon, what should i do in the pro...

    Carmen’s Answer

    Theft is a crime against society and taken very seriously, even when it is only a misdemeanor. I agree you should hire an attorney to avoid any conviction for this charge. I would also be aware that you will likely receive threatening letters asking you to pay hundreds of dollars to some out of state agency to reimburse them for fees incurred as a result of the theft charges. You need an experienced attorney to you avoid these fees and a possible conviction on your record.

    Good luck!

    If you have questions or comments you can call me directly at 713.236.7755.

    CMR
    Carmen M. Roe
    Attorney at Law

    See question 
  • What are my chances?

    I am planning on getting a lawyer to help me with a ticket for class c assault. It was a horrible experience and it happened all too fast for me to even think. The police officer said I pushed him, which I do not recall and he has a witness. He le...

    Carmen’s Answer

    • Selected as best answer

    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 charges. The best resolution for you will always be a dismissal of all charges.

    Good luck!
    If you have any other questions or concerns, do not hesitate to contact me directly at 713.236.7755.

    Carmen M. Roe
    Attorney at Law

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  • I have a deferred marijuana possession misdemeanor charge from a year ago, how likely is it i will be denied lease to an apt.?

    I completed my probation and drug classes with no problems and paid all my fines, but now im scared i won't be able to lease on an apartment. Apparently deferred doesn't mean a damn thing and i'm in deep trouble if i cant lease because im moving o...

    Carmen’s Answer

    The truth is that if you successfully completed a deferred, your case has been dismissed. Usually exclusion from apartment complexes occurs when you are convicted of drug charges or felony charges. Often times a good attorney can explain it to an apartment to make sure they understand the case was dismissed before allowing you to live there.

    Good luck! You're welcome to contact me if you have any questions.

    Carmen Roe
    Attorney at Law
    713.236.7755

    See question 
  • Claims for ineffective assistance of counsel norms?

    If a defense attorney has had 3 of his former client's convictions overturned on claims of ineffective counsel against him over a span of 5 years would that be considered higher than norm? Is there a norm or average or would even just one case be ...

    Carmen’s Answer

    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 high number for any attorney.

    I hope this helps. I would recommend you steer clear of this attorney and/or consult a writ attorney if they have harmed you.

    Good luck!

    Carmen M. Roe
    Attorney At Law
    713.236.7755

    See question