Mark W. Bennett’s Answers

Mark W. Bennett

Houston Criminal Defense Attorney.

Contributor Level 10
  1. Criminal Defense - Should I get him out and should I get a different Lawyer?

    Answered over 5 years ago.

    1. Mark W. Bennett
    2. Lu Ann Trevino
    3. Thuong-Tri Nguyen
    3 lawyer answers

    Here's a suggestion: Non-criminal defense lawyers and non-Texas lawyers should not attempt to answer Texas criminal defense questions. I generally believe that it's better for an accused to be out pending trial. It makes the defense much easier for me, and allows him to show how well he can do. But Ms. Treviño's advice is terrible; possibly the worst advice I've ever seen in response to an Avvo question. You haven't given nearly enough information for someone to advise you on changing...

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  2. How to get out of jury duty?

    Answered about 6 years ago.

    1. Mark W. Bennett
    2. Dax Ian Garvin
    3. Thuong-Tri Nguyen
    3 lawyer answers

    There's a reason it's called jury "duty": it's our responsibility to sit on juries to make sure that our fellow human beings are judged by reasonable people like us. It's part of the cost of living in freedom. So you really should serve rather than waste energy trying to get out of it. That having been said, the people who are least likely to wind up on a jury are those who say the most during jury selection. If one side likes you, the other side won't. You can't get in trouble for telling...

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  3. Disclose deferred adjudication for minor in possession of alcohol on grad school application?

    Answered almost 6 years ago.

    1. Mark W. Bennett
    2. Herman Martinez
    2 lawyer answers

    Right, unless you've had the MIP expunged. If you haven't already, now would probably be a good time to do so. Call lawyer Jamie Spencer in Austin.

    1 lawyer agreed with this answer

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  4. OWNING A GUN

    Answered almost 6 years ago.

    1. Mark W. Bennett
    2. Herman Martinez
    2 lawyer answers

    Depends on the crime. You lose (under federal and state law) to possess a firearm when you're convicted of a felony, whether violent or nonviolent. Are there misdemeanor nonviolent crimes that can result in the same loss? Not that I can think of. Class C assault against a family member, arguably.

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  5. MFND/expungement & the supposed $1000 penalty

    Answered about 4 years ago.

    1. Mark W. Bennett
    2. Mekisha Jane Walker
    2 lawyer answers

    I presume, since you used the phrase a couple of times, that you're talking about a nondisclosure order rather than an expunction. Few questions: When was the nondisclosure ordered? What is the company? Did your order include the language in the sample nondisclosure order to which I link below? (I know it's the Harris County DA's Office, but this order is good; I wrote it.) If so, the company may be in contempt of court for violating the order. The penalties for publishing order...

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  6. Deferred Adjudication or Not

    Answered over 4 years ago.

    1. Mark W. Bennett
    2. Jeffrey Carl Brashear
    3. John Hunsucker
    3 lawyer answers

    Doc, I have answered your question here:

    1 lawyer agreed with this answer

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  7. What is the statue of limitations on statutory rape in the state of Texas?

    Answered over 4 years ago.

    1. James Robert John Spencer
    2. Mark W. Bennett
    3. Paul Holt Walcutt
    4. Michael Douglas Shafer
    4 lawyer answers

    "Statutory rape" is sexual assault of a child (in Texas, under 17). There is no statute of limitations, in Texas, on statutory rape, and consent is not a defense (unless the child was at least 14 and the defendant was no more than three years older than the child). To the previous answerer: the question was specifically about Texas law. Please see http://ivi3.com/4.

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  8. Indictment anf information

    Answered almost 6 years ago.

    1. Mark W. Bennett
    1 lawyer answer

    A motion to quash indictment must be filed before the day of trial. The State can't amend the charging instrument on the day of trial over the defendant's objection. Not all changes to the charging instrument, however, are amendments. If you don't have a lawyer you trust, get one now.

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  9. Texas criminal code, what happens if a grand jury "no bills" a case

    Answered almost 6 years ago.

    1. Mark W. Bennett
    2. Lu Ann Trevino
    3. Herman Martinez
    4 lawyer answers

    Let me add that the civil statute of limitations is two years from the date of injury. That is, a civil lawsuit must be filed within two years of the stabbing or not at all.

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  10. Texas criminal code, what happens if a grand jury "no bills" a case

    Answered almost 6 years ago.

    1. Mark W. Bennett
    2. Lu Ann Trevino
    3. Herman Martinez
    4 lawyer answers

    A prosecutor can take the case back to the grand jury at any time before the statute of limitations expires or the case is expunged. There's nothing in the law to prevent it. Regardless of what the ADA and the detective told you told you, if the ADA had wanted the kid indicted, the kid would have been indicted. It's very unusual for a Texas grand jury to no-bill an accused against the wishes of the prosecutor. More often a prosecutor will present a case to the grand jury but not ask for an...

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