Mark W. Bennett’s Answers

Mark W. Bennett

Houston Criminal Defense Attorney.

Contributor Level 10
  1. Can I file a police report against an adult that is smoking pot with minors in Dallas TX

    Answered over 5 years ago.

    1. Mark W. Bennett
    1 lawyer answer

    You could choose not to ask the government to solve this problem for you. Your daughter did the right thing by confiding in you. She might not want you sharing her confidence with the police, the prosecutor, and the public. Unless this woman forced the pot on your daughter, you can probably stop it from happening again without making your 15-year-old daughter a witness in a criminal case. If you're going to report it, the local police department is probably the correct agency.

    2 lawyers agreed with this answer

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

    Answered over 5 years ago.

    1. Herman Martinez
    2. Mark W. Bennett
    3. Nicholas William Juhl
    3 lawyer answers

    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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  3. Intox indictment with b.a.c. of 0.000

    Answered almost 6 years ago.

    1. Dax Ian Garvin
    2. Mark W. Bennett
    3. John M. Kaman
    3 lawyer answers

    A dismissed case can be expunged even if it never went to trial (as long as there was no probation for a class B misdemeanor or higher). You may have to wait until the statute of limitations (generally 2 years for a misdemeanor) has passed.

    2 lawyers agreed with this answer

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  4. How should I plead in a car accident case in which a DWI was issued to me?

    Answered over 4 years ago.

    1. Mark W. Bennett
    2. Kelly W. Case
    3. Robert Sterling Guest
    4. Alan James Brinkmeier
    4 lawyer answers

    "Not guilty."

    2 lawyers agreed with this answer

  5. If a person is indicted in TX isn't he or she required to be notified

    Answered over 5 years ago.

    1. Mark W. Bennett
    1 lawyer answer

    No. The indictment could sit out there, effectively sealed (not public information) until the person happens to have some brush with the police, and gets arrested.

    1 lawyer agreed with this answer

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  6. What is the age of consensual sex in texas

    Answered over 5 years ago.

    1. Mark W. Bennett
    2. Robert Hampton Tuthill
    2 lawyer answers

    Generally 17. A married person younger than 17 can consent to sex with his or her spouse. Also, someone at least 14 years old can consent to sex with someone not more than 3 years older than him or her.

    2 lawyers agreed with this answer

  7. What are possible criminal consequences for real estate fraud

    Answered almost 6 years ago.

    1. Mark W. Bennett
    2. Herman Martinez
    3. Merrida P Coxwell Jr.
    4. Ruben Gonzalez Jr.
    4 lawyer answers

    You should talk to a criminal attorney first, since being charged with stealing $4,000 is much more serious than being sued for $4,000. Your fact situation is jumbled; a good lawyer can walk you through it and figure out what your exposure is. There's no document you can file to stop a criminal investigation, but a good lawyer can help you gather the documents that might be useful to your defense.

    2 lawyers agreed with this answer

  8. A dui when turned in by a retailor

    Answered almost 6 years ago.

    1. Herman Martinez
    2. John Rex Thompson
    3. Mark W. Bennett
    4. Jason M. Melton
    4 lawyer answers

    I agree with Herman: she needs a competent DWI lawyer. That being said, the first question that I would have, if this were a Harris County case, is: how are they going to prove that she drove, and that she was intoxicated at the time she drove? In a DWI case that's what the State has to prove beyond a reasonable doubt, and the officer can't testify to either (because he doesn't know how long before his contact with her she drove, if she drove at all). The driver's license is a problem. It...

    2 lawyers agreed with this answer

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

    Answered over 4 years ago.

    1. Mark W. Bennett
    2. Paul Holt Walcutt
    3. John M. Kaman
    3 lawyer answers

    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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  10. Defense for allegations of Agg Sexual Assault-Child

    Answered over 5 years ago.

    1. Mark W. Bennett
    2. Ernest Acevedo III
    2 lawyer answers

    You need the best criminal defense lawyer you can get; there are lots of great lawyers in San Antonio. You're better off with a court-appointed lawyer than with a low-bid lawyer. If you hire the low bidder, you're virtually guaranteed to get bad representation; with a court-appointed lawyer you have a chance of good representation. If you trust your court appointed lawyer, great. If not, find a way to trust him. If you can't trust him, talk to your friends, family, boss; beg, borrow, or...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful