Charles Robert Kyle Vance's Answers

Welfare/food stamp fraud and/or benefit overpayment

In Harris County, the Welfare Fraud Division of the Harris County District Attorney's Office is not very accommodating. You could likely be charged with theft and if the amount is greater than 1500, it is a felony. Depending on what the prior convictions, you will likely be facing some sort of jail time. But, again, it really depends on the what the prior convictions are, how long ago, and how many.

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I need an attorney to seal court records

If you were convicted by receiving regular (straight probation), then you are not entitled to a nondisclosure or an expunction. If you received deferred adjudication, you might be eligible for a nondisclosure-it depends upon how long ago the deferred adjudication was terminated. Unfortunately, an expunction is out of the question since a guilty plea was given and community service was ordered for an offense above a class c. If you were a juvenile, you cuold be entitled to have it sealed,...

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Assault Charges

The Statute of Limitations significantly varies from state to state. In Texas a misdemeanor statute of limitations is generally two years, while the limitations vary on felonies from three years to as much as not having a limitation at all for some offenses. Regardless of the Statute of Limitations, one must look at the perception of the credibility of the complaining witness or victim of the offense is "stale." Although legally, charges can be filed within the statute of limitations, the...

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Pornography

There is apparently an issue of mens rea. Did you knowingly or intentionally possess it? It appears that you did not. You could be prosecuted if the state believes you knowingly or intentionally possessed it. Furthermore, when you delete from a computer, it is not really deleted and can be found by forensic computer specialists.

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NON DISCLOSURE

First, one must have been placed on deferred adjudication and have been dismissed and discharged by the court. Then, not all dismissed proceedings from a deferred adjudication are eligible. Most assalts that are discharged from deferred adjudication are nondisclosable. Inujury to a child (PC 22.04) and endangering or abandoning a child (PC 22.041) are not. Assaultive offenses are NOT immediately nondisclosable. For misdemenaor assaults, two years must have elapsed since the discharge...

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I am trying to expunge two misdmr Class B off my criminal history,but i dont know if i am eligible to do so now.plse help

If both cases were dismissed and not terminated after completing deferred adjudication community supervision, then you can have them expunged two years after the date of the incidents (date of the alleged crime). If you received deferred adjudication, then you can have them nondisclosed by filing a motion in the court, paying a madated filing fee and with the judge ruling in favor of the movant and issuing an order of nondislosure. Expunctions and nondisclosures are tricky and detailed as...

Is there a form for a motion to expunge criminal records in Texas

There are several different actions to remove records. It depends upon the dispositon of the case and what one is entitled to by statute. You mentioned sealing a record. Sealing a record is something done in juvenile court and is parallel with an expunction for adult records. There is also an action called, nondisclosure, which is does not expunge records. It only makes them not available to private persons and entities-the government can still see the records. Nondisclosures are sought...

White collar crime making a false statement

The state doe shave to prove that you either intentionally or knowingly made a material false statement to obtain credit. Only you know the truth; however, the state can attempt to prove this by evidence of your actions or documents. The jury can infer the mens rea (intent) by evidence of your actions. On the other hand, the defense can attempt to prove mistake or other facts to negate intent by the introduction of its own evidence and testimony. These type of cases have considerable...

Arson(felony)

It is possible. The type pf probation depends on whether you are a juvenile or an adult (17). There are many possibilities are outcomes. It is impereative, however, that you hire an expereinced juvenile attorney if you are indeed a juvenile o an experienced criminal attorney if an adult.