Charles B. Frye's Answers

What is the best way to collect money on a personal loan in Texas?

If the loan was in writing, then the statute of limitations within which to file suit is four years from the date of default or the date of the maturity of the debt. If the debt was not in writing, then the statute of limitations may be as short as one year. (See article on Statute of Frauds.) However, it sounds as if you have an installment agreement, so, each installment "times out" four years after it was due, assuming the agreement is in writing. Normally, a written loan agreement...

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How do I get past failing ua's for probation?

Sometimes, your attorney may be able to help you fashion an alternative to jail which may be acceptable to the Judge. Make no mistake, the Court takes the conditions of your probation seriously and evidence of drug use on probation even more so. You should consult with an attorney regarding what types of actions you may be able to take to convince the Judge that you're serious about your probation and stopping your drug use. This may include voluntarily entering an out-patient program,...

My son incarcerate and he have been grant appeal, but the lawyer is giving us the run around, what should we do to handled this

Most situations such as this can be improved with communication. Any time you feel your attorney is not doing what's best for you, you should arrange for an appointment to sit down and speak directly with the attorney. Ideally, you should have a list of questions prepared so that you can think beforehand about your concerns and ensure that your questions are addressed during the meeting. Often, frustration with the situation is due to a lack of communication, and a face-to-face meeting will...

What is the worst possible punishment for a felony criminal mischief?

First, are you sure the charge is "criminal mischief"? It may be this charge if the theory is that he was "tampering" with the owner's property. If so, from these facts, the range of punishment is directed by the amount of pecuniary loss in a criminal mischief case. If the loss is $1,500.00 to to $19,999.99, then it is punished as a "state jail felony." The punishment range is 180 days to 2 years in a state jail, plus a maximum $10,000.00 fine. If the person has a prior record, that...

False charges pressed (and dropped) against me...can I sue?

You will need a lawyer in your state to confirm the law in your jurisdiction, but, generally, actions for malicious prosecution are not favored in law. In regard to criminal prosecutions, public policy favors the exposure of crime, which a recovery against a prosecutor or a citizen filing a complaint about a crime tends to discourage. In the case of civil proceedings, a litigant should be able to have his or her rights determined without the risk of being sued for damages for seeking to enforce...

My 15 year son was arrested for shoplifting and his name was published on the Internet by a local reporter. Is this illegal?

It is probably not per se unlawful to publish a juvenile's name in the newspaper when the juvenile is arrested. The law makes juvenile records confidential, and it is against the law for certain persons with access to those records in an official capacity to release them. While juvenile files and records are generally confidential, there are some important exceptions. A juvenile record can be accessed by police, sheriff’s officers, prosecutors, probation officers, correctional officers, and...