Mark W. Bennett's Answers

Criminal Defense - Should I get him out and should I get a different Lawyer?

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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MFND/expungement & the supposed $1000 penalty

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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Deferred Adjudication or Not

Doc, I have answered your question here:

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

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.

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Texas rape with drunk 18 year old and sober 14 year old?

This question illustrates why it's better to talk to a creative lawyer who practices in the area where you might be accused, rather than someone giving cookie-cutter answers from (for example) California. While voluntary intoxication is not itself a defense to criminal charges in Texas, every crime in Texas requires a voluntary act. The drunk 18-year-old may have a defense based on the sexual conduct being involuntary. Hire a lawyer to advise you before talking to anyone else about this...

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

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

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

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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What are my husband's rights after being charged with DUI and evading arrest under TX criminal code

First, your husband needs a good lawyer. He's on probation for one state jail felony, and he's charged with a second state jail felony (evading in a motor vehicle) as well as a third-degree felony (third DWI). He's facing up to two years in state jail and up to ten years in prison, assuming that he doesn't have any felony convictions. Evading arrest is a very subjective crime -- the cops will testify that in their opinion your husband was trying to get away from them, but the facts as you...

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TX state criminal code, punishment for welfare fraud

It depends. If she had answered questions falsely to get the welfare, it would have been fraud (prosecuted generally under Texas's theft statute; a felony if the amount illegally received was more than $1,500). Nobody is going to give you a medal for ratting on her. So what makes it any of your business?

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