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Mark W. Bennett

Mark Bennett’s Answers

53 total

  • I need a defense lawyer for a fraud case

    my boyfriend has a fraud case with the da is john brewer i need a lawyer who is experienced in dealing with this da

    Mark’s Answer

    John Brewer has been prosecuting in Harris County for a long time—more than 15 years. Many criminal defense lawyers in Houston will have dealt with him. Search avvo for "criminal defense" in Houston, and you will find a number of excellent lawyers. Call and talk to them, and make appointments with the ones who seem to best fit your needs. Find the lawyer you trust, and find a way to hire him (or her).

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

    If a person is indicted does he or she have the right to be notified? By the police and or the assistant DA.

    Mark’s Answer


    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.

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  • Affidavit non-prosecution on dwi

    what would be some resons for a D.A. to file an affidavit non- prosecuion on a dwi case.. and is there any record of that ever happening?

    Mark’s Answer

    Prosecutors don't file affidavits of non-prosecution; complaining witnesses ("victims") do. Since there's no "victim" in a DWI, there's nobody to file an affidavit of non-prosecution. Maybe you're thinking of a dismisal or a nolle?

    Usually when a person doesn't get an answer it's not because the person needs a free lawyer, but rather because, like this one, the question doesn't make any sense.

    If you call an actual lawyer (I'd suggest a criminal defense lawyer in San Marcos), he or she can help you figure out how to phrase the question you're trying to ask so that it does make sense.

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  • Texas criminal code, sexual abuse

    If a 18 year old was raped wile intoxicated, and went to the polices and they didn't do anything because this 18 year old was intoxicated. Does the 18 year old have a lawsuit

    Mark’s Answer

    Hermann is correct: this is a civil question rather than a criminal question.

    I would say, however, that NO competent lawyer would give an answer to your question, even "for educational purposes", without a whole lot more information.

    Fortunately, personal injury lawyers take cases for free, so you should be able to find a personal injury lawyer in your area to discuss the case with.

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  • Punishment for a arrest

    I got arrested for possesion under 2oz a class b misdemor. I havent been in any other trouble for 25yrs when i was arrested for public intoxication. what are my chances of getting additional jail time when i go to court?

    Mark’s Answer

    The reason that nobody but Avvo has actually answered your question is that an honest criminal defense lawyer (and not one who was just trying to get your business) would want more information before answering such a question.

    Avvo's response was markedly unhelpful: unless you're indigent (and you haven't indicated that you are), you're not going to get free criminal defense help. There are lots of excellent criminal defense lawyers in Collin County. I suggest that you find a few possibilities, and start calling them for appointments.

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  • What do i need to say to the Judge in order to keep this off my record

    I recieve a ticket for stealing at wal mart the item was under 30 dollars they gave me a ticket. But i do not want this to go on my record This my first time ever in trouble.

    Mark’s Answer

    "Judge, may I have some time to hire a lawyer, please?"

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  • 16 yr old with 20 yr man

    I have a daughter that is 16 and she wants to date a man that is 20. She says she has not had sex with him but we don't want them to see each other. What can I do to keep him away from her?

    Mark’s Answer

    It's not really a criminal defense question.

    You could take away the car keys, ground her, keep a closer eye on her. In other words, be a parent.

    Knowing 16-year-old girls (and 20-year-old boys), however, that won't work.

    If he so much as gets to first base, he's committing a felony (indecency with a child) that can land him in prison. He should probably be informed of that before he starts dating your daughter.

    Maybe you could have a friendly (to you) cop explain that fact to him?

    His parents should probably be told that as well. They should also be told that if junior gets charged with indecency, it'll cost them thousands upon thousands of dollars to try to get him out of trouble.

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

    My son, 24, has been in jail for 6 weeks now. He was arrested for shooting a guy twice in the leg. The 2 other guys pointed a shot gun at him, he just got the first shot off. This all started out earlier in the evening when a friend of his borr...

    Mark’s Answer

    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 lawyers.

    If your son trusts his court-appointed lawyer, he should stick with him and follow his advice no matter how much it hurts. If your son does not trust his court-appointed lawyer, he needs to either find trust for him or change lawyers.

    If your son trusts his lawyer, then you have to ask whether the judge will let him keep the court-appointed lawyer if your son bails out. If not, that might be a consideration that would lead you not to bail him out. Better that he be in jail with a lawyer that he trusts, than out with a lawyer he doesn't trust.

    If your son doesn't trust his lawyer and can't find a way to trust him, your first priority -- before bailing him out -- should be to get him a lawyer that he can trust, even if that means he stays in jail while the case is pending; your feeling about that is correct.

    If your son has not been convicted of a felony, that'll get sorted out eventually. Six weeks in is probably too early to expect the State to understand that the felon-in-possession charge was erroneous.

    When a person is on bond, he's under the rules of the court and the bonding company. Either of them could conceivably order him to stay in Dallas County, but people often are on bond in one county while living in another.

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  • Criminal

    what is the punishment for misdemeaner injury to a child

    Mark’s Answer

    "Injury to a Child" is a felony in Texas. See Texas Penal Code Section 22.04.

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  • 4th degree felony

    can a4th degree felony be esponged

    Mark’s Answer

    In Texas, the degree of felony below third is not called 4th degree but "state jail felony".

    A conviction or a probation (including a deferred adjudication probation) for a state jail felony can not be expunged.

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