If an inmate has a detainer from another state and the state attorney request temporary custody , does the 120 day time frame for a speedy trail start then. With only 20 days left the inmate signed a waiver of extradition, but no one has come for ...
Extradition is one of the scariest and most frustrating processes a person accused of a crime can face. Many times deadlines and timelines are not what they seem. You may be thinking of the Interstate Compact on Detainers. This is an agreement between the states that imposes strict deadlines on prosecuting agencies for bringing a defendant to trial. I have gotten very serious felony cases dismissed because Texas violated a defendant's rights in regard to the Interstate Compact. However, whether or not the inmate in question has properly invoked the Interstate Compact is a difficult question that requires some intense scrutiny. Getting the advice of a lawyer in both jurisdictions would certainly be worth the investment.See question
Upright lady charged 1 yr ago w Injury to Child/Eldrly/Disabl Persn Serious Bod/Mntl Injury. She babysat acquantance's child<2yo in her home. In bathrm, child slips frm her arms, hits head, seems OK. Lady discloses to Mom. Hours L8R ER doc dx inte...
I agree with the answers already provided. I would also add the following; a good attorney is always aware of his/her client's goals and has made his/her client aware of the strategy that is going to be used to achieve that goal. There is another thing that a client must understand, the cost of the goal and the strategy being employed. Fees should be explained up front and there should be no surprises. If additional fees are charged those should be explained and agreed to before they are assessed. It is always difficult to judge whether someone is receiving adequate representation but clearly communicated goals and clearly articulated strategy are good starts.See question
My.sister was arrested on May 28,2015 for MAN DEL CS PG 1 >=4G<200G, PROH SUB CORR FACIL, TAMPERING/ FABRICATE PHYSICAL EVID W/INTENT TO IMPAIR, her bond was $100,000 but was lowered to $50,000. She has yet to see the judge on this charges other...
I agree with the other lawyer's answers. These are serious charges. The good news is that your sister's bond was lowered. This is probably because there was a criminal defense attorney doing good work on her behalf. A smart consumer of legal services is always asking about the strategy being employed by the lawyer. Your sister needs to clearly express her goals, and your lawyer needs to express what strategy is being employed to achieve those goals. A good criminal defense attorney will also counsel her regarding whether her goals are realistic. You may need an office, like ours, that handles both family and criminal law matters.See question
I understand wire and mail frauds are federal violations /crimes. Can these be brought in state district courts against the defendant/s? Is there any Texas state specific or equivalent laws/statutes for violations on mail/wire frauds.
I agree with the other attorneys who have answered this question. If there is probable cause to believe that you committed fraud it Texas then a Texas District Court in the county where you reside (or where your victim resides) would have jurisdiction to hear fraud charges against you. Typically, the Feds are not interested in amounts of money obtained by fraud that is not in the millions. Therefore, you may be investigated by Federal authorities and the case may be referred to State authorities who would then take over the prosecution and bring the charges in State court. I would strongly encourage you to seek the advice of a lawyer.See question
I have disp on my disposition. What does it means?
I agree with the above answer. It often depends on the court or the jurisdiction. Here in Bexar County it means that the Court wants a disposition and so I know as an attorney that I will not get any other pre-trial settings and I will have to either set the case for trial, take a plea, or convince the State to dismiss the case. However, as always your lawyer is the best person to ask.See question
Is there anyway to have a warrent lifted, without me having to go back to court or reopening a case, due to it being issued based on falsification and purgery after a final judgment was set with "order of rule 306A"?
Sometimes, running away from a problem only makes it worse. Turning yourself in on a warrant can be done quickly and painlessly. When you work with a lawyer (depending on the jurisdiction) a bond can be set and posted allowing you to leave within hours. Once you get the warrant lifted your lawyer can begin working on a resolution that you can live with, and you can get on with your life without having to look over your shoulder. The reason everyone is asking for more information is because there seems to be missing information regarding how you got your warrant and under what circumstances the warrant was issued. To summarize, speak with a lawyer and find out how you can turn yourself in to get this warrant lifted.See question
I was pulled over for apparently having expired stickers.
I agree with the above two answers. The appropriate question is not what punishment you will receive but how a criminal record will effect your future and whether a skilled criminal defense attorney can help you avoid having a criminal record. Sometimes, a criminal defense attorney can find issues and problems with cases (problems the client is completely unaware of) that will allow the client to avoid all punishment. Make an appointment with a lawyer and tell him or her exactly what happened and then ask them about your options. Most attorneys (myself included) offer free consultations, good luck and speak to an attorney to help you out.See question
What is the penalty in texas for signing an all bills paid affidavit, if not all bills were paid on the sale of a newly built home? The title Co has sent me letters saying they may pursue fraud or misrepresentation against me if I don't pay the am...
I am a criminal defense attorney who used to work as a White Collar Crime prosecutor. You need an attorney with this kind of background to help you. If you handle this by yourself you will end up incriminating yourself, and any deal that you work out may be used against you by the police department investigating the case. Fraud and misrepresentation are prosecuted according to the amounts involved. If it is anything over $1500 it is a felony. A private citizen cannot bind a police department, and so regardless of what the Title Company promises you regarding their desire to press charges or not press charges you may have a criminal law problem. Still, I have had a number of clients who have found themselves in your situation and been able to avoid prosecution because we have been able to steer their situation in such a way that the police are no longer interested and the alleged victim is willing to drop the charges. Good luck and please get in touch with an attorney as soon as possible.See question
SJ time and TDC Time to run CC. He has been to SJ 1 time for 180days for CS (MJ). He has on his record 2 theft 500 and burg bldg 1500 both SJF but never made it there. (stayed in Dallas County) He also has a couple FV charges on his record as well...
I believe he will do one year day for day minus the time that he has already done. He will then parole out of TDC as soon as TDC processes him. He may get out of State Jail early if he has medical conditions but I wouldn't count on it. I am not sure what R & C stands for but it looks like you are saying that he was sentenced to two theft cases. Theft cases do not typically hamper an individual's chances at parole. So, I believe in all likelihood that he will get out after he serves his State Jail time day for day (plus some time to be administratively processed and paroled out of TDC).See question
Violations on IID were two separate occasions. After first violation I was ordered to wear a SCRAM bracelet for 60 days, without any issues. Second violation on IID was low BAC, that quickly went to WARN (within 10 minutes). What is the likelihood...
You need to contact a lawyer who knows your specific situation. The answer depends on whether or not you are on pre-trial release or on probation. It also depends on the judge who is hearing the case and what that judge's attitude is toward your violation. If you are on pre-trial release you need to immediately contact your lawyer and explain your situation. If you are on probation you need to hire a new lawyer (or the lawyer who resolved your case) and tell him the situation. Regardless, there is no cookie cutter answer to this question.See question