Mario Rojas Madrid’s Answers

Mario Rojas Madrid

Houston Criminal Defense Attorney.

Contributor Level 10
  1. I was arrested for a first degree felony drug charge, delv of a contr subst in a drug free zone how long do they have to indict

    Answered about 3 years ago.

    1. Shannon Willis Locke
    2. Mario Rojas Madrid
    3. Richard Timothy Jones
    3 lawyer answers

    The State must prove all of the elements of the crime. If they cannot prove the intent to deliver and can prove the lesser charge of possession, you can still be found guilty of the lesser crime if it is included in the judge's instructions to the jury.

  2. During a trial is it okay for the prosecutor to pick the person testify up for the trial and ride the around the day before.

    Answered about 3 years ago.

    1. Cynthia Russell Henley
    2. Mario Rojas Madrid
    3. M Elizabeth Gunn
    4. Charles Elwood Soechting Jr.
    4 lawyer answers

    I am not aware of any rule that disallows the State or Defense to be in the same automobile with a witness. For example, if an attorney wanted to visit with a witness and the only way to accomplish this was to give the witness a ride, no rule is broken. It suppose if you are implying something unethical has occurred the opposing lawyer can cross examine the witness on the available facts.

  3. I was almost killed, I know plea bargains can make a stronger charge smaller but can the DA make a lesser charge greater?

    Answered about 3 years ago.

    1. Cynthia Russell Henley
    2. Mario Rojas Madrid
    3. Jennifer Lee Barringer
    3 lawyer answers

    A prosecutor can increase a charge. The determination will be made based on what the prosecutor thinks they can prove. A family violence assault of impeding breath is a third degree felony. Attempted murder is a second degree felony. If the prosecutor thinks he/she can make a case they will file it as such. However, it would not be wise for a prosecutor to increase charges and not be able to make the case and end up with a dismissal. You have to make sure you are involved in the case and...

  4. When a minor is pulled over should a parent be called?

    Answered about 3 years ago.

    1. Cynthia Russell Henley
    2. Mario Rojas Madrid
    3. Charles Elwood Soechting Jr.
    4. Alan James Brinkmeier
    4 lawyer answers

    The police are not required to call parents for a police stop. For instance if the police detain a driver who happens to be 16 years old and gives them a speeding ticket, they do not have call parents.

  5. Iam on deffered ajudication for a class b misd for theft under 55$, have not completed comm. service, will this land me in jail?

    Answered about 3 years ago.

    1. Cynthia Russell Henley
    2. Don F. Richardson
    3. Mario Rojas Madrid
    4. Charles Elwood Soechting Jr.
    4 lawyer answers

    If you do not comply with the terms and conditions of your deferred adjudication it will lead to a revocation. I cannot tell you what will happen in your situation, but would suggest that you comply. Get your community service done. Do whatever it takes, make it your number one priority. If you do not the consequences could mean a revocation. Good luck.

  6. HELP PLEASE

    Answered about 3 years ago.

    1. Kyle Timothy Therrian
    2. Mario Rojas Madrid
    3. Cynthia Russell Henley
    4. Charles Elwood Soechting Jr.
    4 lawyer answers

    I agree that you should listen to your attorney. In any case where a motion to revoke is filed, the court can modify the probation (adding conditions including jail time); revoke the probation (sending the probationer to prison); or deny the motion and reinstate the probation as if nothing happened. Speak with your lawyer regarding your options. Good luck.

  7. Can a Class C Misdemeanor for shoplifting be expunged or sealed in Texas?

    Answered about 3 years ago.

    1. Cynthia Russell Henley
    2. Mario Rojas Madrid
    3. Mark Anthony Correro
    3 lawyer answers

    If you pled guilty and were found guilty under the current law you cannot either seal or expunge your record. Legally your only option would be a presidential or gubernatorial pardon.

  8. What will happen if I violated my probation?

    Answered about 3 years ago.

    1. Eric Christian Cummings
    2. Cynthia Russell Henley
    3. Mario Rojas Madrid
    3 lawyer answers

    A motion to adjudicate will likely be filed on your original case. You are entitled to a hearing on that case to determine if you violated the terms and conditions of your community supervision. You can be revoked and face up to 2 years in State Jail; you can be reinstated and possibly have your deferred modified in some way;or you can win at the hearing and continue the deferred. However you will still have to deal with the new case. You will need to hire an attorney.

  9. What should i do i got a citation while on deferred disposition

    Answered about 3 years ago.

    1. Nicholas Ryan Poehl
    2. Cynthia Russell Henley
    3. Mario Rojas Madrid
    3 lawyer answers

    It depends on what the terms of your deferred disposition are. If the terms are no moving violations and the court is aware, you will be found guilty of the original citation. If the terms are no convictions you must make sure the new ticket does not result in a conviction.

  10. What does no bond mean in this charge? I was going to do some time if I showed up for court?? This is a warrant

    Answered about 3 years ago.

    1. Charles Elwood Soechting Jr.
    2. Mario Rojas Madrid
    3. Brian Kent Tillman
    4. Barry Franklin Poulson
    4 lawyer answers

    I agree with the prior answers. You need to hire a Texas attorney to help you. Do not wait to get arrested and extradited. The warrant is not going to go away. A local attorney can possibly get you a bond you can make and the attorney can defend you while you are on bond rather in jail.

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