Paul Brian Kennedy's Answers

I need to talk to a criminal defense lawyer in Texas.

You need to sit down with a criminal defense attorney and discuss your case and the options that may be available to you. An attorney can explain the different ways in which the case may be resolved and the costs and benefits of each.

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MY EX WIFE GOT HER SECOND DWI in less than a year . I WANT TO SEEK PRIMARY CUSTODY . What re my chances of getting Primary ?

In order to provide a specific answer to your question I would need to have more information about the current custody arrangement. In general terms, if it can be shown that it is not in your children's best interest to be with their mother due to her drinking issues, then you have a chance at getting custody. Of course it also depends on how long ago the decree was issued, the basis for the court's original decision (if noted) and whether or not your ex-wife endangered the children by...

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Will my homeowners insurance cover juvenile son who took truck from garage and had acident?

Right now I would tell you not to worry if your insurance carriers aren't wanting to deal with the injured parties. that is a matter between them. If your carriers refuse to pay out then you may get sued. If you are sued as a result of your son's actions you will need to send a copy of the citation and petition to your auto insurer. They have a duty to defend you if the vehicle was a covered vehicle. Given the scenario, I would also send a copy of the paperwork to your homeowner's carrier as...

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Is it rape for a 17 year old to have consensual sex with A 15 year old in TX?

Please note that this answer does not create an attorney-client privilege. It is not against the law in Texas for two minors to have sexual relations. The three-year rule, the so-called "Romeo and Juliet statute", applies in a case in which one party is a minor and the paramour is an adult. As long as there is less than a three year difference in ages, it does not quality as statutory rape. I must warn you, however, that regardless of the age of the participants, consent is always an...

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Criminal record or no

Theft under $50 is a Class C misdemeanor which is the equivalent of a traffic ticket. On most Class C offenses a prosecutor will offer a defendant the option of deferred disposition in which the defendant pays a special expense fee and is placed on probation for a period of 3-6 months. If the person stays out of trouble during that period, the case is dismissed. Now, the important thing to do is in what court has she been charged. Some county and municipal courts are courts of record...

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What can be done during an appeal to lower the sentence on an MTR for a 2nd Degree Robbery?

The purpose of an appeal is to challenge the application of the law in a particular instance. So long as the sentence was no more than the suspended sentence on the judgment, you are left with raising legal issues as to the court's findings and rulings on the alleged violations.

I am currently on probation and louisiana and have warrants that were active before my probation period, is there a way to sit

If you have outstanding warrants for Class C violations you will need to consult with that particular court to find out if you can sit out the fines. Since any violation occurred before you were placed on probation, it should have no effect on your probation. I would suggest you contact an attorney who is licensed in that jurisdiction and have him talk to the court or prosecutor about working out your cases.

What are my options after probation revocation? it is not deferred.

It all depends on what the underlying offense was, what the probation violation is alleged to have been and the court in which you find yourself. Without knowing the answers to any of these questions, it is hard to give you a good answer. The worst case scenario is that you are sentenced to serve the length of the suspended sentence less any time you have already served. If the violation is "technical" in nature, then the court may elect to modify the existing terms of probation. You need...

How to beat a Red Light Camera Ticket? No face of driver.

A red light camera ticket is a civil matter and does not appear on your driving record. Cities that have erected the cameras charge the owner of the vehicle with the civil violation of allowing their car to be used to violate the law. The citations are a money grab by cities and towns and the rules of evidence matter not in the hearing. If you were turning right on red and came to a complete stop before turning or if you were in the intersection to make a left turn you may have a defense to...

What is the penalty for a first time dwls in texas? I

You could be charged with Driving While License Invalid which is a Class C misdemeanor punishable by a fine of up to $500. A conviction for DWLI will cause a new suspension and trigger a surcharge from the DPS.