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Charles B. Frye

Charles Frye’s Answers

8 total

  • IF I HAVE A MISDEMEANOR ASSAULT CHARGE WHICH I PLED NO CONTEST TO AND SERVED 6 MONTH PROBATION, CAN I HAVE A FIREARM?

    PLED NO CONTEST AND SERVED 6 MONTH PROBATION

    Charles’s Answer

    If you qualify for ownership it is NOT the same as qualifying for a concealed carry permit. If you took a straight probation, there will be a waiting period for the carry permit. Until then, keep the weapon in your vehicle or your home only, if you're allowed to possess it (see other answers on that subject).

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  • Can you get probation on a theft/retaliation charge? How long can you be held in jail before going to court?

    My husband was charged for theft over a month ago & we don't know what evidence they have. He has 2 prior felonies over 12 yrs ago. Would he be able to get probation or even dismissed if not enough evidence?

    Charles’s Answer

    The law establishes the requirements for eligibility for community supervision (probation) and, generally, someone with a felony conviction will not be eligible. However, that does not mean that the lawyer who represents your husband cannot pursue other creative sentencing choices to try to avoid lengthy jail time, if your husband faces a conviction in the case. Since you mention that you do not "know what evidence" the State has, it is very premature to try to decide how to resolve the case. Only after a full review of the State's case, and your own independent investigation, can you and your lawyer hope to make a good decision on how to proceed. And, yes, if the State has insufficient evidence to proceed to trial, or if your lawyer's investigation and evaluation of the case justifies it in discussions with the State, the case can be dismissed.

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

    I loaned a friend some money in July of 2009, and as of the present am still owed approximately $4600. Would small claims court be the best way to collect on this debt? What if the person now lives in another state? What is the statute of limitati...

    Charles’s Answer

    • Selected as best answer

    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 recites where it may be enforced. If it doesn't, then you may be able to file suit in the jurisdiction where the payment is due. If the payment is due at your address, then you may be able to file suit in your home county.
    The jurisdictional limit for a Justice of the Peace (Small Claims Court) would "fit" your claim since it is less than $10,000.00.
    The "best" way to collect the debt may be to find a lawyer who specializes in collection cases and ask them to take your case on a contingency fee basis. That way, you wouldn't pay unless and until the debt or judgment was collected.
    If the lawyer takes the case, in Texas a pre-suit demand is called for normally, so as to protect your right to collect attorneys' fees in a subsequent lawsuit to collect the debt.
    (And, once you get a judgment, you will need to enforce it where you can find the debtor's property. While you can't "garnish" wages in Texas, that may not be true elsewhere.)

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

    I have failed 3 drug tests for meth, and am on deferred probation for meth. I went for the drug/alcohol evaluation and they sent word to the court that I should go to in patient treatment. I have been in an abusive relationship of which my boyfr...

    Charles’s Answer

    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, changing your living arrangements, entering an intensive counseling program, and the like. Keep in mind, the Judge has expected you to already live up to the current conditions of probation -- you have to now convince her that you will live up to these more stringent conditions.
    As noted in the other attorney's answer, trying to convince the Judge that you were somehow "tricked" into taking meth by your boyfriend is going to be next to impossible. If you try to go that route, if you don't have some sort of medical or third party evidence or witnesses, you will likely end up incarcerated.
    Hire a lawyer, now, if you don't have one, and concentrate on coming up with a plan to convince the Judge you deserve this additional chance.

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  • 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

    situtaion.

    Charles’s Answer

    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 help you understand the law as it applies to your case and how the lawyer views what can -- and can't -- be done to help you resolve the situation.

    If a lawyer, for some reason, won't agree to a meeting, you should put your concerns and your questions in writing in a letter to the lawyer. You should explain what you need to understand and ask clear questions. You should ask the lawyer to meet with you to discuss your questions or respond to your questions in writing.

    If you just cannot communicate with your current counsel, you should seek a "second opinion" from another attorney. However, keep in mind that the attorney you consult for the "second opinion" may not be able to help you understand the situation without investigating the current status of the case. (And, hopefully, when the second attorney calls the first attorney for a status, the first attorney will understand how serious the situation is and then respond to your concerns.)

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

    A good friend of mine was being harassed. Hang up calls, threats, texts, tires slashed, home spray painted. His girlfriend was the one doing it (she told me via phone). Rather than confront her, he told police I did it so she wouldn't break up wit...

    Charles’s Answer

    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 those rights. Accordingly, public policy requires strict adherence to the rules governing malicious prosecution actions; any departure from the exact prerequisites for liability may threaten the delicate balance between protecting against wrongful prosecution and encouraging reporting of criminal conduct or protecting the rights of a civil litigant.
    Generally, the essential elements of a claim for malicious prosecution are: (1) the institution of proceedings against the plaintiff; (2) by or at the insistence of the defendant; (3) malice in the commencement of the proceeding; (4) lack of probable cause for the proceeding; (5) termination of the proceeding in plaintiff's favor; and (6) damages to the plaintiff. If the underlying action was a criminal prosecution, the plaintiff must also have been innocent of the charges.
    So, with these general guidelines, consult with a local lawyer and discuss how your situation may be affected.

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

    That they published his name.

    Charles’s Answer

    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 other criminal and juvenile justice officials in this state and elsewhere. Also, the record may be available to employers, educational institutions, licensing agencies, and other organizations when the person applies for employment or educational programs. Juvenile treatment records (counseling, placement, drug treatment, etc.) are confidential and accessible only to authorized users. Juvenile records -- with some important exceptions -- may be sealed and access restricted under the law. You should consult with an attorney who is familiar with juvenile records sealing.

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

    My boyfriend was visiting a home of his friends he walked out to go to the store and on his way back he saw the narcs busting in the home...he was not arrested on that day. he went back the following day to get his clothes and when he came out the...

    Charles’s Answer

    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 punishment could be enhanced - - but the State would have (or should have) given notice of the enhancement in the charging document.

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