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Patrick Mccann’s Answers

14 total


  • My friend got 9 years in prison my cousin was in the same car as a passenger 4 guns were found guns in trunk and under hood

    he couldnt controll any gun and he didnt know they were in car my friend that got 9 years prison was owner of car his two friends pled guilty and got 5 years, now my cousin was passenger is he going to get the same, how can the state prove my cous...

    Patrick’s Answer

    The law of parties in Texas makes it possible to convict someone of a crime even if more than one person was involved if that someone aided, encourage or somehow assisted in the crime, the escape or the attempt. I am sorry to hear about your friend. A motion for New Trial may help your friend but it will mean hiring someone fast. He is only given thirty days form the sentencing to file such a motion. good luck!

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  • Can I get my arrest record closed, as well as my back ground?

    I was placed on probation and finished it, it has been over 5yrs since I have been off of probation, but my arrest record is what concern me the most... on my arrest record I have my probation, a concelaed weapon, and 2 counts of attemped capital ...

    Patrick’s Answer

    If you are in Texas, some forms of community supervision may be "sealed" under a non-disclosure order by the judge in your conviction court. If you received "straight" probation instead of "deferred adjudication" however, that is not possible, and those records will remain on your criminal history. Non-disclosure orders are discretionary with the judge, and you must file a petition for them and then give the State a chance to respond. If you were a juvenile when all this happened, you can, in most instances if you are past a certain age and have had no trouble for five years, get your juvenile records sealed under the Family Code. You should call a lawyer in your area for more help.

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  • How can I file a Court of Inquiry and receive a stamp filed copy?

    I have called the Harris County Districts Clerks office and they all have said that they have never heard of a Court of Inquiry. I just need to file it and get a stamp-filed copy.

    Patrick’s Answer

    A Court of Inquiry is something unique to Texas. A judge may call one and even ask for another judge to hold one. It is designed to determine if a crime has been committed. They can be used to determine a cause of death or conduct an investigation. You can file a request for one with a district court judge, or an administrative judge, over the district court judges. It is rarely used, but if there is doubt as to a case of death it does have some strong precedent.

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  • Can I file for Non-Disclosure in CA for a 2006 Theft Misdeamanor B in Harris County, TX

    Can I file for Non-Disclosure (Sealing of record) in CA (as I am living here since Nov 2011) for a 2006 Theft Misdemeanor class B in Harris County, TX (Court 14) July 2006 - Shop lifting arrest Sep 2006 - Got Deferred Adjudication with Commu...

    Patrick’s Answer

    You will have to apply in the Harris County court for the order, but an attorney can represent you in Harris even though you are a resident of California. Reasonable fees can vary, but it is possible the judge will ask for some extensive documentation or a hearing with an appearance, so you will have to get that information together, and possibly plan on traveling here once more. You should look at how expensive not getting a job is because of a background check, and then figure out if the fee is reasonable. Good luck!

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  • A friend is in jail he is already on felony probation for indecensy and now was arrested for shoplifting...

    are there any possible outcomes? he has no other criminal record besides these two.

    Patrick’s Answer

    If your friend is on probation and is charged with a new offense, it is normally grounds for revocation. However, it depends on the circumstances - if there is a defense ot the shoplifting charge he may not need to lose his freedom. Also, if he suffrs from any mental illness that may mitigate against his probation being revoked. You should call a criminal defense attorney. Two excellent ones in the Houston area are Carmen Roe, at carmenroe.com, or Albeto Salceda, at 713-501-5457. Good luck!

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  • My daughter is trying to decide wheather or not to plead guilty to a DWI offense in Harris county. What kind of job might she be

    not be able to get is she does? I understand this is a class B misdomeanor.

    Patrick’s Answer

    She should think carefully before doing this. A conviction cannot be expunged, ever. Even a class b misdemeanor can prevent her form getting jobs as a teacher, for example, or any position where she has to use a vehicle for work. Have her consult a criminal defense lawyer as soon as possible, for her sake. Good luck!

    PAt McCann

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  • Drug dealers, in my area. i have reported them to police, but police cant get the evidense on them.

    they are selling mostly pain pills they get from doctors...the police knows they are selling them, but they cant get the evidence they need to arrest them...i am concerned about them selling drugs to young people they know...i am thinking of putti...

    Patrick’s Answer

    Reporting matters to the police to investigate is one thing; making potentially slanderous allegations on the internet is another. Let the professionals handle this. Placing such assertions on the net or in social media could expose you to civil liability. Good luck.

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  • My17 year old wassitting in a parked car with friends the cops found marijuanaon1kid admitted2 it 2wksthey want to charge intent

    the 18 year old admitted it was his the other 17 year olds were released to the parents and now 2 weeks later they want to press chares for intent is this right what do i do please help

    Patrick’s Answer

    Intent normally means someone had knowledge of the contraband's existence and that it was a person's concious desire to exercise control over an item, like the marijuana here. The police can arrest all the folks in one car if they can make a showing to a prosecutor that all the kids were smoking or about to smoke the marijuana, or about to do a deal for it. If one person says the others did not know of the contraband's existence, then this may help your child escape prosecution. However, if the young people were rolling the marijuana into joints and all smoking in the back seat, then that will not be born out by the facts, and will likely not result in a dismissal unless there was some other defense available. good luck!

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  • Are plea bargains iron clad? Are plea bargains iron clad, so as that once a person makes a a

    In 2000 I was charged w/ lewd and indecent acts agst a minor. DA offered plea bargain of no sexual regist. w/ability to seal my record along with 3 years of prob. The charge of plea was child abuse and neg. NV p&p tryed to force a sexual registr...

    Patrick’s Answer

    Your situation will require you to contact a post-conviction specialist in Nevada. Generally, a plea is going to be presumed correct, and the burden would be upon you to show that the State either committed some misconduct or that they lied and then changed the deal on you after getting the plea. This will likely require affidavits form your former trial counsel as to what the deal on the table was, and documents showing the chain of events, including the plea papers and the judgement and sentence filed. It is not ever easy to over-turn these matters, but if you can get a diligent post-conviction lawyer who can challenge this via habeas or some other Nevada state means, then you have a chance to undo this. Good luck!

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  • After being charged for drug trafficking by the stATE, can I be charged again by the feds

    drug trafficking

    Patrick’s Answer

    The short answer is "Yes". Under the doctrine of dual sovereigns, a person may be prosecuted for the same or similar crimes out of the same transactions in both state and federal court. One way to account for this in state court is to insert some sort of wording in any plea negotiations to ensure that federal prosecution will not follow.

    However, many federal prosecutions will be screened in narcotics cases for a "federal interest", i.e., is this a large amount of narcotics? Is there information on a federal suspect which this individual may have? Is this person an armed career felon? Absent those interests, most federal prosecutors will likely decline a federal indictment or investigation. You should have your state criminal attorney check into this for you. Good luck!

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