Joshua Zientek's Answers

I have a theft charge under $50 dollars ($27) in Texas. Do they have a diversion program here? What is cost?

I would speak with a local lawyer. It sounds as if you may have some defenses to this case that could possibly lead to the case being dismissed, possibly if you take a class. Another option, as was mentioned above, is a deferred disposition. Speaking with a lawyer that is familiar with the court, judge, prosecutor, law, etc. can help you make the best decision in your case. I went to law school with a lawyer who handles this sort of case. Her name is Ellie Ruth. I believe you can contact her...

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Possible trespassing charge?

In order to take the law into consideration, you must read it. You can find the criminal trespass statute here: http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.30.htm Look at section 30.05. Whether or not you will be charged with anything is anyone's guess. Many people ask, "Can I be arrested if..." or "Will I be charged if ...." when it is completely up in the air. Some people get charged when the facts do not seem to warrant it while others never get noticed. Look at the statute and...

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Can someone possibly recommend a lawyer who has great knowledge regarding "search and seizure" and 4th Amendment cases?

Search and seizure law is a very basic, important, and complicated part of criminal law that any lawyer practicing criminal defense should know. There are several on this website that I would recommend, including myself. You could try Cynthia Henley, Kelly Case, Mark Bennett, Carmen Roe, Grant Scheiner, Danny Easterling, Jordan Lewis, Mark Theissen, Tyrone Moncriffe, Eric Davis, Kent Schaffer, Nicole DeBorde, etc. The list really goes on and on. There are many great lawyers in the Houston area...

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If someone has had multiple dui's and is now on probation, what happens if they violate probation by leaving the state?

Any violation of probation can lead to a motion to revoke being filed. If it is, or can be proven by a preponderance of the evidence that the person violated at least one condition of probation then the person's probation can be revoked, they can receive jail time, their probation period can be extended, the terms and conditions of probation can be modified, or nothing can happen at all. In response to your question, a person's probation can be revoked for leaving the state without...

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What specific drugs are looked for in a DUI offense in Travis County, Texas?

Your question is a little unclear. If you are asking about what specific drugs they will look for in building a case to prove someone guilty of driving while intoxicated then it largely depends on what type of chemical test they used. For example, if they only used a breath test, then it is only supposed to measure breath alcohol content. Blood or urine tests can be run to test for many types of drugs/medications. They will often look for drugs they have reason to believe are there. In other...

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I was arrested for copper theft over 500 under 20,000 dollars what are the chances of getting deferred probation or dismissed

Questions like this are often asked but there are far too many variables to give an accurate answer. The following are some variables that may affect the answer to your question: the judge, the prosecutor, the political climate, the policies of the prosecutor's office, who your defense lawyer is, how strong the evidence is against you, and so on. I would recommend speaking with several local lawyers and ask around for some recommendations. Someone who is familiar with the local courts,...

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My son has two felonies but hasn't ever went to prison. Does this make a difference with employers?

It is really impossible to say what makes a difference with employers because they are all different. All have different policies and guidelines that allow them to consider potential employees. Some may not hire prior felons while others only avoid certain kind of felonies while others may not consider criminal background in any way. Either way, as the previous poster said, it is not easy to find a job right now and I wish him the best of luck.

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I am hiring a criminal defense lawyer to reopen a misdemeanor case for me. Is it normal to pay up front and have no contract?

Criminal Defense lawyers almost always, in my experience, request payment up front, and usually want at least half or the full amount. It depends on your circumstances, the lawyer, the type of work, any just about anything else that you and the lawyer would like to contract, ethically. If you are concerned about the lawyer or do not trust them for some reason, I would speak with some other lawyers. Many do not charge consultation fees and it is very, very important you pick someone you trust...

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I am currently on deferred adjudication in texas. I am late on community service. What will happen?

Technically speaking, failure to comply with any condition of your deferred adjudication order can be grounds to adjudicate you guilty and sentence you. It sounds as if you have done very well on your community supervision except for being behind on your community service hours. That being said, the probation officer could contact the prosecutor's office and they could file a motion to adjudicate you guilty. Whether or not that is likely to happen really depends on the probation officer and...

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Criminal Record if not arrested for Class C misdemeanor for Theft

If you received "deferred adjudication" for a Class C misdemeanor of theft then the case is in fact dismissed, assuming you completed the probationary period without any problem. That means paid any fine, not got in any more trouble, and otherwise successfully complied with any terms that were agreed. Your record will not show that you have been convicted of theft but it will show you have been charged with theft. In other words, if anyone asks if you have been convicted, you may answer that...

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