I've looked into expunging my record but would it be easier or cheaper to just reduce my change to a misdemeanor.
I don't have any idea on that, and I seriously doubt anyone here will.You need to repost your question with an Oregon location, so you can get answers from Oregon criminal defense attorneys rather than ones from Texas.See question
I have a drug charge
Assuming you're not talking about something where you're a registered sex offender, or on probation or parole with conditions requiring you to stay away from kids, it's not really either a criminal matter or a matter of law. It's pretty much going to be just a question of whether it would upset the child's father badly enough to cause problems, whether he would feel the need to go back to court to address the situation, and whether if he did, a judge would find that he had compelling enough reasons for wanting the child kept away from you that some kind of custody or visitation modifications would be needed in order to protect the child. From the way you're phrasing all this, I'd like to say probably that wouldn't be the case, but unfortunately, there's usually a whole lot more going on with these situations than what gets said the first time out, so I suppose the answer is that if it's not a criminal issue for you, it's only going to be an issue for your girlfriend if someone complains about it.See question
Officer claims i drove out of a gas station parkinglot and speed across all lanes of traffic. When I turned i put my blinker at the appropriate times, I turned onto a 5 lane road, into the middle lane, then used blinker to cross 2 lanes and finall...
I'm not sure "suppressible" means quite what you think it means. "Suppressible" basically refers to the likelihood that you can get the judge to agree that a specific piece of evidence will not be allowed to be used at all at trial (whether that evidence is your confession to a murder, drugs that were found in your home after an officer came in without legal grounds to do so, or breath test results obtained after a traffic stop that never should have happened). I think what you mean probably isn't "supporessible", but rather "defensible", unless it really is completely clear from a review of the video that every single traffic violation the officer claimed absolutely did not happen AND the totality of the circumstances didn't give rise to a reasonable suspicion that you were engaged in criminal activity. No telling on that without actually watching it. Otherwise, the judge will leave it up to the jury (presuming you have a jury trial) to decide what they think about it all, and will leave it up to your attorney to help point out all those things that you've done here. The jury then takes all the evidence into consideration when deciding your fate. It's very possible some of those things might be weaknesses in the State's case against you, and might make the jury doubt the officer's credibility, but might not lead to suppression of any evidence the State's trying to admit against you.See question
Question related on legal curiosity prompted by this CNN article: http://www.cnn.com/2013/07/22/politics/stand-your-ground/ Texas Penal Code primarily referred to is http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.9.htm
Stranger things have happened, but I sure wouldn't count on it.See question
We cant find him to get him to sign papers. He has not paid child support in 8 year and has not seen her in the same time .
It depends on the specific circumstances, honestly. I'd say pobably most of the time, you'd be successful on that, but one consideration is that you're going to have to either find him and get him served, or serve him by publication and have an attorney appointed to either locate him or confirm that he really can't be located. If he's found, will he come back with a claim that the only reason he hasn't seen your daughter is because you either hid her or just wouldn't let him see her? I'm not at al saying that's true, but it's not unusual for a parent to claim that in this sort of situation. At that point, the court has to try figure out what really happened, and that can get complicated and expensive. On the other hand, he might also just say "Great--where do I sign?". There's no telling at this point, and those very different possibilities are basically the reason why nobody's going to be able to give you a specific answer as to how hard such a case would be.See question
I am being charged for theft and the indictment has 2 enhancement paragraphs: one for marihuana posession and the other for aggravated assault with a deadly weapon. Can they do this?
Sorry, but I think you're probably barking up the wrong tree on that. There are two different types of enhancements out there. The one you're thinking of is the type that ups what would usually be a misdemeanor to a felony because of prior convictions for that same offense (theft, evading arrest, family violence assaults, etc.), but there's also a second kind. Whether the first kind applies to you or not, apparently the DA believes that the second one does. That kind of enhancement does not require any particular kind of offense at all, other than that it involve a first, second, or third degree felony. Can't tell you whether the particular ones they're claiming against you are valid, but your attorney should be able to figure that out.See question
My fiancé was offered 25 years or fight his case he was 17 and of course didn't think he should be given that amount of time. After all said and done he received 99 years plus life. He has been locked up for 22 years now since age 17 first convic...
I know you don't like Mr. Johnston's answer, but it's the only honest one out there. Sadly, the odds are really, really good that his mom might as well have thrown her money straight into a trash can. I wish we could tell you something you want to hear on this, but there is absolutely no "right" to get the terms of a plea bargain offer after trial, and a post-conviction writ of habeas corpus or pardon are legally the only two methods available on this state for addressing either a conviction or sentencing at this point.
About the only way I can think of that there might be any merit to the idea that he should have the opportunity to go back and get that plea bargain offer after trial would be that every so often, a not so great defense attorney will, for whatever reason, fail to pass along a plea bargain offer and the defendant goes to trial without ever knowing his options, then finds out about it afterwards. That's a pretty big deal, and if proven, would be grounds for a reversal and new trial, perhaps with an option to take the offer. But that's not what happened here. You yourself say he did know about the offer and that he just decided 25 years was too long, so he wanted to take his chances with a jury. He rolled the dice and he obviously lost, but that doesn't mean he gets to roll again.
The other major issue on trying to get writ relief is that even if he could somehow prove he didn't know about the offer or was somehow wrongfully forced to trial, you say it's now been more than twenty years since this all happened. Assuming some new, previously unavailable evidence (like a deathbed confession from his lawyer or the prosecutor) didn't just now turn up, the first thing the State would probably do in response to a writ application is raise a defense called "laches": "Nope. He should've raised this back soon after it happened, and we could have gotten to the bottom of it then. Too late now--everybody's either dead or doesn't remember anything relevant about the case anymore, and it's his fault for waiting this long to bring it up, so we shouldn't have to defend the conviction at this point."
As far as getting a pardon goes, well, if he ended up with a life sentence at age 17, my magic crystal ball says there's a really good chance he also ended up with a murder conviction. Obviously, don't hold your breath on Greg Abbott pardoning so much as a misdemeanor marijuana conviction, but even Democrat governors don't pardon murderers. Not in Texas, at any rate. So I really don't see a pardon working out for him even if we were to get a "friendlier" governor somewhere down the road. Again, sorry to be the bearer of bad news, but I think you and his mom need to hear the truth on this.See question
It's pretty unlikely, but I suppose technically it depends on exactly what you mean by "possession of marijuana". That term can cover anything from getting caught with a joint in your car to getting your house raided after a six month joint task force sting operation that resulted in them still arresting you for "possession of marijuana", but making it a higher grade felony due to them finding a couple hundred pounds of the stuff and evidence it's the product of your own little home business. The first situation won't result in any kind of attempt to seize or forfeit your house. The second very well might.See question
How harsh can be the punishment for Gambling Promotion falling under Misdemeanor Class A crime in Texas? The person has no previous criminal record or any other offenses.
It "can be" up to a year in county jail and a $4,000 fine. I would not say that's at all likely for someone with no criminal history, though. Most likely, they're looking at some type of probation offer, but there are no guarantees on that. Hire an experienced criminal defense attorney and they'll be able to give a better idea both of whether it's a defensible case and what the plea options might be if it looks like it's probably not.See question