Jordan Elliott Lewis's Answers

Texas criminal code: after being arrested how long can the state wait before presenting a case to the grand jury?

The law changes rapidly, and your best bet is always to consult an attorney face to face. This is a public forum, and this answer cannot be construed as creating an attorney client relationship, nor is any communication on this forum privileged. Even after an arrest, the State has until the Statute of Limitations runs out to obtain an indictment from the grand jury. The Statute of Limitations is determined by starting at the date of the offense, and not of the arrest. The length of time they...

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Miranda Rights Not Read, Request for Attorney Ignored, all While in Police Custody. Always Move to Suppress?

First of all, if you were not under arrest, then you were not "in police custody" for purposes of Miranda, even if you were at the police station. The reason that this makes a difference is because you are not entitled to Miranda warnings (and so failure to give them has no impact) unless you are (1) in police custody, AND (2) being interrogated. If you do not satisfy both conditions, then the lack of a Miranda warning will mean nothing, and your statement will be admissible unless there is...

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How long can a county jail (brazoria) hold an inmate who is on hold for another county (harris) before they have to let him go

As you read this response, please bear in mind that this is a public forum on a website, and that this answer does not create an attorney-client relationship, nor is anything said on this site confidential or covered by privilege. As with anything in the law, there are exceptions to every rule, and you need to consult an attorney in your area for the best answer. Also, because of regional differences in practice, even within a state, what works in one area may not work in another. Under the...

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What is the statute of limitations on aggravated sexual assualt of a child that occured in 1994/1995?

The Statute of Limitations for sex crimes where the victim is a child is 10 years after the child reaches 18 years old. (It expires on the child's 28th birthday.) if this offense happened in the mid-90's, how long they have to prosecute depends on how old the child was. If he/she was 14 in 1994 (born in 1980), charges could be brought as late as 2008. If he/she was 13 in 1995 (born in 1982) charges could be brought as late as 2010.

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I have a felony (poss of controlled subs less than 1g) can it be expunged in Texas?

Unfortunately, Texas provides no option for removing a felony conviction from your record. But if you received deferred adjudication and successfully completed the probation, you may be eligible for a petition for nondisclosure 5 years after you complete the probation. It will not clean your record completely, but it will prevent most private entities, especially employers and landlords, from seeing that part of your record. If you were on probation, you should contact either the...

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If this is a person 1st time in jail for agg assualt and the y are being indicted does that mean they time in jail r probation

The "What will happen" questions are usually very hard to answer because each case is looked at based on what happened in that case. The specific DA, judge, and jury involved also has a huge impact. But in Texas, the probation statute (Code of Criminal Procedure art. 42.12) places some real limitations on probation for a case like this. Section 3g sets out the offenses that the judge cannot give probation for. There are a handful (called "3g offenses"), but among these are any crime where a...

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How can I clean my criminal record?

Unfortunately, Texas provides no option for removing a felony conviction from your record. But as Mr. Tuthill pointed out, if you received deferred adjudication, you may be eligible for a petition for nondisclosure 5 years after you complete the probation. It will not clean your record completely, but it will prevent most private entities, especially employers and landlords, from seeing that part of your record. You should contact either the attorney who represented you or the district clerk...

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If you take some shoes from a car that look similar to shoes in a crime but not the same ones or size can a search warrant....

The shoes standing alone would probably not be enough for a warrant, but as the previous responder pointed out, the police may know more that either you or your friend know. Whether the shoes can be any part of the probable cause analysis will depend on how "close" they are to the other shoe and the type of information they have. If they have a footprint, the wrong size or style would exclude your shoe, so it's not relevant. But in this case, it sounds like they have a photo where small...

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Can a person be charged and convicted of assault without the plantifgf beibg at trail?

It depends. Sometimes there are enough other witnesses, medical records, 911 tapes, photos, etc. to prove to the jury that an assault took place and that the defendant committed the assault. Often, though, it is impossible to prove that the defendant committed an assault without the complainant's testimony. Either way, the defendant needs an attorney immediately. If this case is in Harris County (you said you were in Houston), and it was an assault against a family member, you need to know...

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I'm a registar sex offender, since I would not follow the probation terms? Can I ever get this removed?

Something doesn't sound right here, for a couple of reasons. First, if you were 17 and she was 14 at the time, there is no offense in Texas, because you were within the three year rule. That is, unless you already had a conviction that required you to register. Second, even if you received deferred adjudication, which means that you would not have a final conviction if you successfully completed the program, you would still have had to register. So failing to complete the probation...

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