-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Patrick F. Mccann's Answers
- 8 Legal Answers
- 3 Legal Guides
2
Attorney answers:
How much would it cost to seal a dismissed class c misdemeanor for theft
It is important to understand what exactly is meant by "dismissed". If the case was truly simply dismissed, you may be eligible to have it actually expunged under Texas law. However, if you received a term of "deferred adjudication", which is technically a plea of no contest or guilty followed by a period during which you agree to not commit any other violations and, typically, pay court fees and take an anti-theft class, then you are eligible for a "non-disclosure" order from a court,...
3
Attorney answers:
How many days do you have to file an appeal in a contempt of court case?
Normally, you have thirty days to appeal any final or appealable [this is a made up lawyer word!] order from a court. However, normally the order has to actually be imposed after an opportunity [ a show cause hearing] to explain why one should not be found in contempt. If this did not happen, and you simply agreed to comply with the judge's order after being threatened with contempt, then you should challenge the underlying order that the judge gave you that is the basis of the possible...
4
Attorney answers:
Seeking criminal defense lawyer in dallas TX, capital murder case
There is an outstanding attorney named Billy Ray, with offices in the Ft. Worth part of the metroplex. He is certified to handle these matters, and should be listed locally.
3
Attorney answers:
Drug dealers, in my area. i have reported them to police, but police cant get the evidense on them.
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.
4
Attorney answers:
My17 year old wassitting in a parked car with friends the cops found marijuanaon1kid admitted2 it 2wksthey want to charge intent
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...
1
Attorney answers:
Are plea bargains iron clad? Are plea bargains iron clad, so as that once a person makes a a
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...
1
Attorney answers:
After being charged for drug trafficking by the stATE, can I be charged again by the feds
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...
1
Attorney answers:
My husband recieved 16 years for a probation violation on a drug charge his case was ran cc with his other cases that he had.
Every state is different. If the violation for your husband was what is often referred to as a "technical violation" [failure to pay fines and court costs, for example] then it may be possible to appeal the probation revocation on an "abuse of discretion" basis. You should speak to an appellate lawyer in Alabama to see if there is a way to challenge either the action of revocation or the length of the sentence. Good luck!