Eric Joseph Davis’s Answers

Eric Joseph Davis

Houston Criminal Defense Attorney.

Contributor Level 6
  1. Agravated Assault with a deadly weapon.

    Answered almost 3 years ago.

    1. Cynthia Russell Henley
    2. Charles Elwood Soechting Jr.
    3. Eric Joseph Davis
    3 lawyer answers

    Texas Penal Code §9.04 provides that "The threat of force is justified when the use of force is justified..... For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor’s purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force." So the production of the weapon alone, one could argue is not enough to make a case of Aggravated...

  2. Fast crinminal question

    Answered almost 3 years ago.

    1. Eric Joseph Davis
    2. Shannon Willis Locke
    2 lawyer answers

    All you can do is an open records request... but if it is an open case, there is still alot of information they will not provide to you until the case is closed. You must go through a lawyer.

  3. Can a retailer use the payment of the restitution letter as evidence in criminal court

    Answered almost 3 years ago.

    1. Timothy Miranda
    2. Michael Rutledge Norton
    3. David Philip Shapiro
    4. Eric Joseph Davis
    4 lawyer answers

    Probably Not... Most offers of compromise or settlement efforts are usually inadmissible in court. Allowing them to be used against a party generally would discourage parties from resolving matters prior to coming to court. However, you might want to check with a California lawyer to make sure.

  4. If I was under investigation and I was never arrested would anything be on my record?

    Answered almost 3 years ago.

    1. Andrew Stephen Roberts
    2. Eric Joseph Davis
    2 lawyer answers

    Most likely, nothing would be on your record. However, if there were a warrant out for you, that might appear on a criminal history check.