Skip to main content
Louis Murat Newman

Louis Newman’s Answers

13 total


  • What could happen

    I have a posession of marijuana charge and im on deferred adjudication for it i got an mic ticket a week ago what can happen? Any way to avoid jail time?

    Louis’s Answer

    What do you mean by an "mic ticket"? Most traffic tickets won't warrant the prosecutors or the judge filing a Motion to Adjudicate on your case, but if you meant an "MIP ticket" or something that involves a Class C violation that isn't traffic, that could be a different story. Most deferred adjudications require that you do not violate the laws of this state or any other state. Traffic tickets are usually okay, but anything else could result in them filing on you.

    See question 
  • How do I file a police report against a child that is in high school. I need to obatin the child's name and her parents name.

    Stolen Ipod Touch

    Louis’s Answer

    Some times the best answer is the most simple. In this case, you just need to know what police agency has jurisdiction over where the crime was committed and call them and make a report. Don't worry about knowing the name of the person you suspect. Just tell the police what you do know. They have to deal with solving cases and identifying suspects all the time.

    If you are looking for the name of the person you suspect of having committed a crime, you may have a tougher time finding that answer -- especially if the suspect is a juvenile.

    See question 
  • My friend is charged with Del/man cs 1-4g Pg1,Tamp/fab phy evi/intent impair,and prohibit subs in correction facility

    what charges is he facing for these charges?

    Louis’s Answer

    The Delivery of a Controlled Substance charge is a second degree felony, punishable by 2 to 20 years in TDCJ (or more, depending on if your friend has priors).

    The Tampering with Evidence charge is going to be a third degree felony, punishable by 2 to 10 years in TDCJ (or more, depending on priors)

    And the prohibited substance in a correctional facility is also a third degree felony, punishable by 2 to 10 years in TDCJ (or more, depending on priors).

    See question 
  • Can He get Reinstated?

    He was placed on deferred probation for 5 years his sentence if revoked is 2 years in state jail.. His probation officer sent him to a rehab through the court system as part of his probation agreement which he checked out of which that was a viol...

    Louis’s Answer

    Since the person you are talking about is on a deferred adjudication for what appears (by your description) to be a State Jail Felony, the Judge of the court has a lot of discretion over what he can do with him for sentencing him. Legally, the Judge COULD reinstate him, if he or she wanted to. THey could also sentence him to anywhere between six months in State Jail to Two Years.
    It all depends on the Judge. He definitely needs a lawyer.

    See question 
  • Aggravated sexual assault of a child and have a trial date in a couple of weeks.

    However,do to lack of evidence(and the fact that im innocent) the prosecution is offerring to drop my felony charge to a class a assault misdemeanor defferred. The only reason im even considering to take it is because i know these type of cases ca...

    Louis’s Answer

    A reduction from a First Degree Agg Sex Assault case to a Class A Misdemeanor Assault certainly seems like a good deal on its face, but if you aren't guilty, no "deal" is a good one. By pleading guilty to anything, you won't be eligible for an expunction. If your plea on the assault case includes an affirmative finding of domestic violence, you won't be eligible for a Petition for Non-Disclosure, either. In other words, you won't be able to seal it.

    A D.A. can refile a case at any time, provided the statute of limitations have not run and jeopardy hasn't attached. If you plead on the assault as a "lesser offense", I think that would most likely constitute jeopardy having attached and would be a ban on them refiling, however.

    See question 
  • What are my options for probation violation?

    I was placed on 5yrs deferred adjudication probation in 2006 for poss of a controlled substance. I violated in June 2007 and was sentenced to 30day jail therapy and had been clean until 2009 after having my daughter and finding out that I was HIV ...

    Louis’s Answer

    I would say that the odds of a Motion to Adjudicate being filed on you are pretty high at the moment, but that doesn't mean you should freak out just yet. There are alternatives available when a person is filed on to be adjudicated.

    The most important thing you need to do is make sure that you don't run away from your probation. A lot of people will get scared when their probation officer tells them they might get revoked and then they stop reporting. Trust me when I tell you that not reporting is a much bigger violation than taking antibiotics that weren't prescribed to you. Don't abscond and stay in touch with your probation officer to see if he or she is going to file a Motion to Revoke.

    If your probation officer tells you they are planning to file a motion to revoke, call a lawyer and make arrangements to turn yourself in and try to explain yourself to the judge.

    All is not lost, so don't panic.

    See question 
  • How much trouble is my father in?

    my father was three dwi's and hes on parole for the dwi's. my father got stopped for for a broken taillight but he got arrested for driving with a suspended license. the dwi is in harris cpunty texas but he got arrested for the license in brazoria...

    Louis’s Answer

    The short answer is "it depends".

    The driving while license suspended charge isn't really that big of a charge, although it can carry some amount of jail time in a county jail. Most prosecutors don't get too riled up over a DWLS charge in and of itself.

    The fact that he is on parole is the bigger concern, because that could get him thrown back in prison. The good news is that prisons are overcrowded and most parole officers don't really want to revoke someone's parole because they picked up a misdemeanor charge, but you never can tell for sure.

    Your father definitely needs to get himself an attorney who can make sure that everything is handled in his best interest.

    See question 
  • Got a speeding ticket in Schertz. Citation is for "Speeding 10% over the speed limit. Actually it was 47 in a 45.

    Is this a valid charge?

    Louis’s Answer

    That would depend on the "charging instrument". A lot of traffic tickets aren't really all that formal. It matters what the Information says and what they are alleging. Speeding is a charge that really just requires the State to prove that you were driving over the speed limit beyond a reasonable doubt. How the officer writes it up on the ticket might be a factor in disproving their case at trial, but I don't think it will be an automatic trip to a dismissal.

    See question 
  • If a 16 year old and a 23 year old date but do nothing sexually can and what kind of trouble can they get into?

    She is 16 dating a 23 year old female even though they aren't doing anything sexually they feel as though something terrible could happen. The mother of the 16 year old is always talking about calling the cops even though their isnt really any pro...

    Louis’s Answer

    There are a host of different law violations that could land the 23 year old in hot water for dating a 16 year old. Although it may be stated by them that nothing is happening sexually, the Statute for Indecency with a Child prohibits engaging in sexual conduct with a child younger than 17 years of age, which can even include the touching of breasts.

    That's just assuming that they are being honest about not "doing anything sexually". The 23-year-old needs to be well-advised that a 16-year-old is very much younger than him emotionally and intellectually and he is opening himself up to a TON of a potential liability by dating her.

    He's much better dating an adult. A legal adult, at least.

    See question