Herman Martinez's Answers

What are possible consequences for food stamp/welfare fraud under Texas criminal code

A public defender, if there is one in your county, is like everything else. There are excellent public defenders and there are medicore ones. Nevertheless, every attorney takes an oath to represent their client to the best of their abilities. A private attorney will be able to take more time with you and probably has a lot less cases to deal with then a public defender. However, do your research because hiring an inexperienced private attorney would be worse then hiring a competent public...

13 people marked this answer as helpful

Is a deferred adjudication considered a conviction under Texas criminal code

In Texas, a deferred adjudication is not a conviction. More importantly, in your situation you can apply for a motion for non disclosure that keeps the general public, (employers, apartment complexes, etc), from knowing about the case. Your criminal record will only be available to certain governement agencies. I have blogged about this subject in the past. Please visit http://www.houstoncriminallawjournal.com/2008/08/articles/probation/clearing-my-criminal-record/ for a more detailed...

1 lawyer agreed with this answer

10 people marked this answer as helpful

TX state criminal process, food stamp, welfare fraud, possible punishment sentence

I hate assuming that someone is guitly of a crime....a first offender in Harris County, Texas is likely to receive a type of community supervision called deferred adjudication. The benefit of this is that it is not a conviction and it can later be "cleared" from public records via motion for non disclosure.

12 people marked this answer as helpful

Age of consent in TX...what can my parents do?

The man can not be charged with the crime of sexual assault if you have consensual sex since you are seventeen.

9 people marked this answer as helpful

How can you get a sex offender charge off of your record when you're not one?

In Texas you do not have to register as a sexual offender for the crime of public lewdness. In fact, it is a misdemeanor. You should ask this question in the Florida criminal defense forum because there may be something that triggers the registration there because of the definition of the crime in Texas. This is the definition for public lewdness in the Texas Penal Code 21.07 is as follows: (a) A person commits an offense if he knowingly engages in any of the following acts in a public...

1 lawyer agreed with this answer

5 people marked this answer as helpful

Welfare fraud under TX state law, what are the elements of welfare fraud and punishments

Based on what you stated here you might not be guilty of this crime! You are presumed to be innocent. Accordingly, the burden of proof is on the State. You are also entitled to a trial regardless of your financial situation. Nevertheless, more investigation needs to be done before deciding what to do with your case. Since the amount in question is more than $1,500 and less than $20,000 this is classified as a state jail felony. A state jail felony is the lowest level of felony....

7 people marked this answer as helpful

What is jail time for 1st offense aggravated assault?

I doubt any attorney can answer this question for you with the information you provided. Aggravated assault is a second degree felony. Thus, the range of punishment is from community supervision (with and without jail time as a condition), and the prison time is from two to twenty years in the Texas Department of Corrections As you might imagine there are numerable scenarios. A lot depends on the severity of the crime. For example, someone may be charged with aggravated assault for merely...

1 lawyer agreed with this answer

4 people marked this answer as helpful

Should I get an attorney?

Yes, you should at the very least speak to a lawyer. Any statements you make may result in criminal charges being file against you. I would never want that to happen to an innocent person.

Selected as best answer

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

I would add to check the paperwork that the police gave your husband. Typically, that paperwork has the persons signature where it states that they are refusing to take a breath test. In larger counties they are required to videotape the field sobriety tests that are conducted at the station. Since you did not provide the county where the arrest occurred I can not answer if they tests were required to be videotaped. Your husband has the disadvantage of being on probation. It is likely that...

1 lawyer agreed with this answer

3 people marked this answer as helpful

Food Stamp Fraud Case in Harris County Texas.

I am confused why you assume that they are commiting welfare fraud... Regardless, depending on the amount of the theft they may be charged from a misdemeanor if less than $1500 to a felony if over $1500. There are different levels for each. Go to http://mmalaw.com/texas_criminal_primer.php if you would like to see the classification for a misdemeanor or felony. Lastly heere is where you can find the theft penal code. http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.007.00....

5 people marked this answer as helpful