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Eric Joseph Davis

Eric Davis’s Answers

4 total

  • Agravated Assault with a deadly weapon.

    We were trying to get into a bad and the bouncer called my sister a b**** and told us to leave becuase she was sloppy. We were turning and the bouncer pushed me, but I just decided to walk away because I did not want to fight. They kept talking as...

    Eric’s Answer

    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 Assault. You should call a lawyer ASAP.

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  • Fast crinminal question

    We are trying to get copies of police reports,warrents, and I guess you would say all the evidence they have against me and my husband. But they won't give it too us what do we do. Cuz they are draggin their feet for my husband lawyer its been 2 m...

    Eric’s Answer

    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.

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

    I've read in this posts that retailers would more often not press criminal charges if paid the amount in the letter of restitution .. they got their merchandise back. Now if they do press charges can they use the evidence of being paid in their...

    Eric’s Answer

    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.

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

    I was never arrested, I was never charged with anything, and I was never in a court case. However, I am wondering if the investigation itself would be on my record.

    Eric’s Answer

    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.

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