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Rosario Stornello

Rosario Stornello’s Answers

118 total


  • Will a person do less time, when caught with drugs, if they say its for personal use instead of to sell?

    was caught with coke, weed, ecstasy and xanax.

    Rosario’s Answer

    If your question is whether the punishment for possession is less than delivery then yes that is true. (for example possession of less than 1 gram of cocaine is a state jail felony 6mo - 2 years state jail but delivery of less than 1 gram is a third degree felony 2-10 years in TDC). In general the prosecutor will decide on whether to charge possession or delivery based on what is in the police report. However, you should never speak with the police or prosecutors without your attorney present. Your attorney needs to handle all discussions with law enforcement.

    Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.

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  • 14yo son charged with sexual assault w/ 15yo girl friend. Prosecutor offered to drop charge to Injury to Child. Is this good?

    How does "Injury to Child" conviction legally impact our son short term (teenage years) and long term (adult / college years)?

    Rosario’s Answer

    In general any reduction of the offense is good and injury to a child is a lesser charge than sexual assault. The main concern in these types of cases is whether the client will have to register as a sex offender. It is always harmful to have a criminal record but it depends whether your son in in juvenile court of adult court as to how it will impact him.

    Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.

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  • If u don't receive an arraignment date when bailed out of jail, how long do u have to receive it before the case can b dismissed

    Was arrested, booked, and bailed out of jail for 4th offense DWI in Louisiana. Was told my arraignment date would be mailed to me. It's been seven months now and i still havent heard anything on this. Does the DA have to set an arraignment date in...

    Rosario’s Answer

    You need to hire an attorney in Louisiana. If you are concerned about your court date then contact your bondsman he will tell you what your court date is. The law that applies in your case is Louisiana law.

    Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.

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  • Will my probation officer be able to find out I violated my terms even if I am the victim in an assault case?

    I was assaulted a few days ago. I know the guy and have eyewitnesses of the incident. The only thing was I had a couple of beers at a club and this is violation of my terms of probation. If I file civil and/or criminal charges will my probation of...

    Rosario’s Answer

    You are only obligated to tell your probation officer if you are arrested for a crime. But probation officers do have the ability to obtain offense reports. No one can promise you that your probation officer will not find out about the offense report that is a possibility.

    Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.

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  • A friend of mine is accused of felony theft and the victim wants to drop the charges what can be done?

    There is evidence in the case aganist him, he cannot afford an attorney, and the victim wants to drop the charges because she have recieved her property back.

    Rosario’s Answer

    If the complaining witness (victim) wants to drop the charges against your friend then the victim can call the prosecutor and tell them they want to drop the charges.your friend still needs and attorney so he should hire one or apply for a court appointed attorney. However, the prosecutor has the sole discretion on whether to dismiss a case and they do not have to honor the complainant's wishes in this matter, so an attorney is neesed

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  • Will I qualify for Deferred Judgment on first time possession of controlled substance charge for Hydrocodone 3rd degree?

    Will I qualify for Deferred Judgment on first time possession of controlled substance charge for Hydrocodone 3rd degree?

    Rosario’s Answer

    Generally anyone charged with a first offense even a felony is eligible to be offered deferred adjudication probation. However you need to hire a lawyer to advise you and the specific facts of your case and what the possible outcome could be.

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  • Picked up on a probation violation warrant...

    my girlfriend got probation for a meth charge and never reported to her probation officer, she was arrested to day for a probation violation warrant. what are the possible sentences she could be facing??

    Rosario’s Answer

    The range of punishment she is faceing depends and the charge she is on probation for. If she was put on probation for a state jail felony the the range is 6 months to 2 years state jail, if it was a 3rd degree felony then 2 to 10 years TDC is the range. You need to retain a lawyer so they can give you more detailed advise

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  • Can PTSD dismiss a 3rd degree felony ?

    my husband got charged with third degree felony for FV (impede breathing), he has prevoiusly been arrested for assault one with a weapon (charge was dismissed because I didnt prosecute) another one for assault (dismissed) I didnt prosecute the oth...

    Rosario’s Answer

    The quick answer is no PTSD can not dismiss a felony assault. It sounds like your husbands case is going to be a problem because this is the 3rd time he has been charged with assaulting you. The fact that the first 2 were dismissed because you asked them to be is going to cause the State to dig in it's heels and prosecute your husband on this case. He needs a lawyer. If you tell the DA that you don't want to prosecute they will send the case to the family criminal law division and they will prosecute it any way. A lawyer can tell you if your husbands PTSD can be used as a defense in his case.

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  • My husband was charged with felon in possession of a weapon at my parents house where he does not live.

    my dad signed a notorized statement sayingmy husband had no knowledge of it beening there because my dad put it there and calledthe cops so he'd get in trouble and my dad could be off his bond what could happen to my dad and my husband?

    Rosario’s Answer

    Your father could be charged with filing a false report to a peace officer. Your husband is charged with a felony. Bottom line is you need to pick a side. Either hire a lawyer for your husband (he needs one asap) once your husband has a lawyer his case can be defended. IF your Dad planted the gun to get your husband arrested then an attorney would have to pursue that defense. Even if it means criminal charges are filed on your father. Their legal interests are conflicting so your father should consult an attorney as well.

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  • Have revoked license for DUI from another state.

    I have a revoked drivers license for a DUI 3rd offense. Is it possible to get a Texas license weather, it have to be for work, or a regular license? If so, what would the process be to follow?

    Rosario’s Answer

    When you apply for a driver license in TX the DPS will ask if your DL is suspended orb revoked in any other state. You need to answer truthfully because DPS will check. Under TX law a DWI 3rd is a felony with a mandatory DL suspension. I suggestion you call an attorney and speak with him about an occupational drivers license. Under certain situations you may be able to get one from a Judge. A petition must be filed by an attorney and the rules are situation specific so a consultation with an attorney will be necessary

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