Mark W. Bennett’s Answers

Mark W. Bennett

Houston Criminal Defense Attorney.

Contributor Level 10
  1. Punishment for a arrest

    Answered almost 6 years ago.

    1. Mark W. Bennett
    1 lawyer 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...

    1 lawyer agreed with this answer

  2. 16 yr old with 20 yr man

    Answered almost 6 years ago.

    1. Mark W. Bennett
    2. Fran Brochstein
    2 lawyer answers

    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?...

    1 lawyer agreed with this answer

  3. 4th degree felony

    Answered about 6 years ago.

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

    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.

    1 lawyer agreed with this answer

  4. Rape charges

    Answered about 6 years ago.

    1. Lu Ann Trevino
    2. Mark W. Bennett
    3. Cynthia Russell Henley
    3 lawyer answers

    Good advice. Your client also needs to stop talking to anyone about this incident, except in private conversations with potential lawyers.

    1 lawyer agreed with this answer

  5. Third probation revoktion

    Answered about 6 years ago.

    1. Mark W. Bennett
    1 lawyer answer

    Not nearly enough information. When you're on probation, any violation of the probation might permit the judge to revoke your probation. If the "little family fight" was a probation violation, the judge can sentence your son to the maximum if she wants to. The maximum punishment on probation revocation depends on the crime for which you are on probation and the terms of the probation. If someone is on probation for a first-degree felony, then the range of punishment on revocation...

    1 lawyer agreed with this answer

  6. Texas criminal code, is there a statute of limitations for heroin possession

    Answered about 6 years ago.

    1. Mark W. Bennett
    2. Erick Masten Platten
    2 lawyer answers

    Heroin is a controlled substance in penalty group I. Possession of a penalty group I controlled substance is a felony. The statute of limitations for a Texas state prosecution for a controlled substance felony is three years. Texas Code of Criminal Procedure Art. 12.01. The federal statute of limitations is five years.

    1 lawyer agreed with this answer

  7. Tolling of Statute of limitation, misdemeanor offense, expungement period

    Answered about 6 years ago.

    1. Mark W. Bennett
    1 lawyer answer

    This is a question that lawyers argue about; as far as I know it hasn't been litigated. The government lawyers who handle expunctions in Harris County don't consider the tolling period between the filing of charges and the dismissal. Your county may be different.

    1 lawyer agreed with this answer

  8. Quashing a Warrant from another county

    Answered over 6 years ago.

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

    This is a county-specific question; your best bet is to retain a lawyer in the county in which you took the probation. A lawyer might be able to get things sorted out informally, but there's no device for a warrant to be legally quashed. If he can't sort things out, he might be able to get bail set on the motion to adjudicate so that you can deal with it without spending time in jail. In some counties, however, the DA's office won't talk about a case with an open warrant until the subject of...

    1 lawyer agreed with this answer

  9. Under TX law can i sue in civil court the person that stole my debit card

    Answered over 6 years ago.

    1. Patrick J. Mclain
    2. Herman Martinez
    3. Mark W. Bennett
    3 lawyer answers

    Yes. You don't need much of a reason to sue -- just filing fees. But the debit card company or your bank should cover the loss, and generally suing an individual in Texas is fruitless unless he has liability insurance that would cover the loss, and liability insurance usually excludes criminal acts. A civil lawyer may advise you that it's not worth your time or money to file suit.

    1 lawyer agreed with this answer

  10. I live in Collin County Tx. I had a Class B theft that was Reduced to a Class C theft and given Deferr Adjud w/90 probation

    Answered about 2 years ago.

    1. Mark W. Bennett
    1 lawyer answer

    I think you're on the right track. I wouldn't worry much about what the computer says; an "Order to Dismiss the Information" is a dismissal. Expunction is your remedy. We call it "deferred adjudication," but a class C "suspension of sentence and deferral of final disposition" under Texas Code of Criminal Procedure Article 45.051 is not a true deferred adjudication. So nondisclosure is not an option. The Texas Legislature rewrote the expunction statute recently. I practice in a...

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