Joanne Marie Musick-Long's Answers

Shock probation in texas?

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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Felony DUI - Probation violation

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

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

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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Assault Charges

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.

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NON DISCLOSURE

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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What is the maximum sentence for 3rd offense for FV violence in Texas

For a third degree felony, the punishment range is 2-10 years. Almost all offenses in Texas are subject to deferred adjudication. It does not matter that she is a repeat offender or not. Deferred adjudication is just a form of probation which is available to most defendants.

How do I or when will I find out if my boyfriend's time will be calculated 2/1?

Harris County grants 2 for 1 credit to all inmates serving county time. But, if he was on probation for a drug case, less than a gram, this would likely be a state jail felony case. State jail felonies are not usually punished (in a probation revocation) with county time. If he is doing state jail time, that is generally day for day. Only county time is 2 for 1. Just because he is currently in the county jail, does not mean that he is serving county time. You would have to look at his...

Annulment

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...

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

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.