Joanne Marie Musick-Long’s Answers

Joanne Marie Musick-Long

Houston Criminal Defense Attorney.

Contributor Level 7
  1. Assault Charges

    Answered about 6 years ago.

    1. Charles Robert Kyle Vance
    2. Joanne Marie Musick-Long
    3. Okorie Okorocha
    4. Lewis Lee Lockett
    4 lawyer answers

    The prosecutor may file a charge at any time until the statute of limitations expires. For a simple assault, specifically a misdemeanor assault, the limitations period is two years (absent some intervening or tolling factor). For felony assaults, the statute is longer and depends upon the facts pled.

    2 lawyers agreed with this answer

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  2. NON DISCLOSURE

    Answered about 6 years ago.

    1. Charles Robert Kyle Vance
    2. Joanne Marie Musick-Long
    3. Gregory Scott Hoover
    3 lawyer answers

    Some deferred adjudications for assault are eligible for non-disclosure and others are not. The key will be whether or not the offense consisted of family violance - a family, dating, or household relationship. Family violence assault cases are not eligible for non-disclosure. Also, you should be aware that in any case where a person is 'eligible' for non-disclosure, it is always a matter of judicial discretion to grant or deny the request for non-disclosure.

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  3. Felony DUI - Probation violation

    Answered over 6 years ago.

    1. Joanne Marie Musick-Long
    2. Christopher Lee Carlson
    3. Craig Edward Kennedy
    3 lawyer answers

    With an arrest for a probation violation, your son is entitled to a hearing within 20 days. Depending upon the particular court in which your son is on probation, he may get a hearing sooner. At a minimum, he can expect that the DA will attempt to plea-bargain with him; that is offer him some sort of sentence to avoid the hearing. If he does not accept that sentence, then he would be scheduled for a hearing. It is imperative that he have quality legal representation for that hearing. At...

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  4. Molestation Accusation

    Answered about 6 years ago.

    1. Joanne Marie Musick-Long
    2. Craig Edward Kennedy
    3. Anthony John Colleluori
    3 lawyer answers

    If CPS is conducting an investigation into your home, they will most certainly be looking at whether or not they believe you are a fit parent. You should contact a lawyer immediately for advice. In the event that CPS wants to remove the children from your home, you will most likely want to contest their removal and will need a lawyer ready to go to the emergency hearing. Often, CPS will suggest you follow a "safety plan" or agree to temporarily remove the children from your home and place...

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  5. I regrettably have a colored past. It 's been over 10 years. Is there any possibilty of being granted an Non-Disclosure status?

    Answered over 2 years ago.

    1. Joanne Marie Musick-Long
    1 lawyer answer

    Non-disclosure is only available for cases that resulted in deferred adjudication. Deferred is not a possibility in a DWI case, so most certainly you will not be able to non-disclose those. If you received deferred adjudication probation for the burglary, then perhaps you can have that charge made non-public through non-disclosure. While Texas offers the ability to seek a pardon, having one granted is a very rare occurrence. It is a costly and time consuming effort that rarely succeeds.

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  6. Shock probation in texas?

    Answered over 2 years ago.

    1. Joanne Marie Musick-Long
    1 lawyer answer

    First, your husband will need to file a petition seeking shock probation. While shock probation is not granted very often, it may be worth at least petitioning the court. The court retains jurisdiction (has the ability to hear a petition for shock) for 180 days from the date of sentencing to consider such a petition. The judge must act on and grant the order before the 180 days expire. The judge may deny the petition without even holding a hearing, but in order to grant the petition, the...

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  7. Options on an arrest for Possesion of Marijuana w/ Motion to revoke probation

    Answered over 5 years ago.

    1. Joanne Marie Musick-Long
    1 lawyer answer

    Since your county of offense is Caldwell, you should be in the Caldwell County Court for this. Your best option is having a lawyer review your case. Your lawyer will be able to look at things like alleged violations and due diligence. Depending upon the allegation alleged in your MRP (motion to revoke probation), you may or may not have a defense of due diligence. Due diligence is a legal concept wherein the state must prove they attempted to apprehend you on the warrant while the warrant...

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  8. Annulment

    Answered about 6 years ago.

    1. Joanne Marie Musick-Long
    1 lawyer answer

    Were you married in Texas? Texas provides for annulment but only in certain instances. Grounds for an annulment in Texas include: marriage of a person under 14 years of age without a court order giving permission, marriage of a person 14 year of age or older but under 18 years of age without parental consent or a court order (but also must file for annulment prior to the underage person becoming 18), marriage under the influence of alcohol or narcotics, permanent impotency at the time of...

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  9. Ticket because they said my son was not in the right seat

    Answered about 6 years ago.

    1. Kelly W. Case
    2. Joanne Marie Musick-Long
    3. Joshua Matthew Dale
    3 lawyer answers

    This is another one of those cases where the details matter. The law requires the child to be properly restrained - the question here becomes what is proper? You need to look at the details of the safety seat, how the safety seat was installed, and whether or not the child was properly secured within the safety seat. It sounds like you have decent facts for fighting this one...However, the 16 year old in the back seat could be a problem. Again, something that can be fact specific.

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  10. Welfare fraud

    Answered about 6 years ago.

    1. Kelly W. Case
    2. Joanne Marie Musick-Long
    3. Patrick J. Mclain
    3 lawyer answers

    If you are charged with fraud of more then $1,500, then you are likely charged with a state jail felony case. In a state jail felony, your possible range of punishment is no less than 180 days and no more than 2 years in a state jail facility. You are likely also eligible for probation (2-5 years) and deferred adjudication (2-5 years). The exact sentence depends upon all the facts of the case, so it's impossible to know at this point. However, generally, in welfare fraud cases, the DA...

    1 lawyer agreed with this answer