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Ernest Acevedo III's Answers
- 28 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Can a 16 yr old guy have sex with a 18yr old girl
Can a 16 year old guy have sex with an 18 year old girl? Yes, it has happened many times throughout history. The second sentence seems to ask if it is legal. In Texas it would be legal for an 18 and 16 year old to have consensual sex. The question you should be asking is "Should I?" Sex poses many risks. You would probably be better off focusing on your education right now based on the form of your question.
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2
Attorney answers:
Is writing my name on a wall in a school bathroom a felony in the state of Texas criminal code
Normally graffiti that causes damages under $1,500 is a misdemeanor offense in Texas. However, under the Texas Penal Code section 28.08 graffiti at a school, church, cemetery, public monument, or community center is a state jail felony even if the damages cause only a few dollars in damages. The Texas legislature has taken a much harder stance on these cases since 1999. So the short answer is that writing on a school wall can result in a felony conviction. If a child finds himself in this...
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2
Attorney answers:
DUI w/Child Under 15 Texas
You may not have it expunged because you did get deferred adjudication. You may be eligible for a non-disclosure 5 years from the date of discharge of your probation if you qualify otherwise. Always make sure to talk to a qualified lawyer regarding these issues.
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2
Attorney answers:
Murder
A subpoena gives you a legal obligation to go to court and testify if asked to do so. So yes the State can force you to testify. You can be charged with perjury if you testify and the State believes you are lying and has enough proof to get a grand jury indictment. You can also potentially be charged with being an accomplice to murder if you were involved in the case. You should speak to a qualified attorney before you do anything to fully understand your exposure and obligations. A...
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2
Attorney answers:
Can my deferred adjudication be completely expunged?
If your plea was for a class C misdemeanor and if the case was dismissed after successfully completing deferred adjudication you may have the charge expunged. This would erase the record of your arrest and you would be able to legally deny the event ever occurred. Call me if you need any assistance in this matter.
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2
Attorney answers:
I gave a coworker a ride not knowing he had marijuana on him and I was arrested.
For the State to win they have to prove your son knowingly had possession of the drugs. It sounds like he has defenses that might allow him to win the case. You do not get to pick your court appointed attorney, but you can hire any lawyer you like. I would suggest you speak to a qualified lawyer familiar with the court and the prosecutors.
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3
Attorney answers:
I got a DWLS in San Antonio, my first one, whats te penalty?
If you were found not guilty of the DWI charge you are able to rescind the driver's license suspension that resulted from the refusal or breath test failure. If the DWLS case arose because of the initial suspension from your DWI and you were acquitted that may be a defense to the pending case. Speak to a qualified attorney familiar with these issues as soon as possible.
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2
Attorney answers:
On a MRP how long does my son have to wait in jail, to see a court appointed attorney?
The court is supposed to appoint an attorney within a few days and the attorney is supposed to contact the person within a few days. If it has been more than a week call the district court that the person is on probation out of and ask if an attorney has been appointed. If one has been appointed they should be able to give you his office number and you should attempt to contact them.
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2
Attorney answers:
Once a bond is granted by a judge how long should the process take to release the prisoner?
Once Bond is posted in San Antonio it can take anywhere from 1 to 12 hours to get a prisoner released. Factors that affect the time include whether the person is at the jail or magistrate office, the crowding of the jail, and the time of day. If a judge puts any special conditions like electronic monitoring the person will stay in jail until the condition is met.
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2
Attorney answers:
What is the jail time for child abandonment with intent to return, state of texas
The offense of abandonment with intent to return is a state jail felony in Texas. That charge has a range of punishment of 6 months up to 2 years in a state jail facility. However, you need to know more than just the range of punishment. It is very important to speak to a qualified attorney because prison time and a felony conviction are not mandatory. Depending on the facts of the case, charges can be dismissed or reduced or probated. A good attorney will guide you through the process and...
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