Stephen Bradley Hesse Jr.'s Answers

I was convicted of Class B Misdemeanor theft and now am in pre-trial diversion.

The terms of pretrial diversion can vary from county to county. The primary benefit of pretrial diversion is to avoid having a conviction on your record, however you say that you have already been convicted. If you have been convicted, it is not possible to remove the conviction from your record. If you have completed your pretrial program and your case has been dismissed, you can seek an expunction as long as your pretrial agreement allows for it. You must wait until the the statute of...

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How much time will someone get if they have 2 assult with deadly weapon? 2nd degree felony. with prior assult charges?

In Texas, aggravated assault with a deadly weapon is a second degree felony. That means the range of punishment is 2-20 years in prison with a fine of up to $10,000. Assuming the State has the evidence to convict a suspect, punishment can range from deferred adjudication (a type of community supervision) to prison. An experienced criminal defense attorney may be able to negotiate a plea on a lesser offense. The ultimate result will depend on the particular facts and circumstances of the offense...

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Can a 25 year old man have sex with a 17 year old girl in the state of texas and not get in trouble?

Under the facts that you provide, the man would not be breaking any law. Curiously, it is illegal to video record the act if one of the people is under the age of 18. If the facts are as you say, you should not need a criminal defense attorney.

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Can I transfer probation to another city?

If you are doing well on probation and have kept up with all of your fees, classes and reported as ordered, most certainly, you will be allowed to transfer your probation within the State of Texas. Be sure to discuss what steps you must take with your probation officer.

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What are the chances of jail time for possession of a controlled substance (cocaine)1g4g ?

You have a realistic chance for deferred adjudication or probation for possession of a controlled substance 1-4 grams. This offense is a 3rd degree felony which means the range of punishment is from 2-10 years in prison and a fine up to $10,000. As long as you have not been previously convicted of a felony, you are eligible to receive probation in Texas. The trend has been toward granting community supervision (probation) on smaller drug cases and even more so in urban counties. The criminal...

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Texas law on empty residue bag of meth and being taken to jail for it

The law in Texas makes it a felony to intentionally and knowingly possess any detectable amount of methamphetamine. People are prosecuted across the State every day for possession of meth residue. He will need the assistance of an experienced criminal defense attorney to fight these charges. The second case makes it much more difficult to argue that he did not know there was a trace amount of meth in the baggie.

How do I defend against Made Up Charges - Family Violence, Class A Misdemeanor, simple assault (Contact)?

An assault conviction, even a Class C misdemeanor assault, can have long term consequences to your ability to find a job, rent an apartment or possess a firearm. This is a situation where you would be wise to hire a criminal defense lawyer. The judge will hold you to the standard of an attorney when you represent yourself. You have an uphill battle when you choose to represent yourself. As a practical matter, the best way to defend against fabricated allegations of family violence is not to...

What is punishment for gross vehicular manslaughter while intoxicated in texas?

In Texas, Intoxication Manslaughter is a second degree felony which means the range of punishment is from 2-20 years in prison and a fine of up to $10,000. The prosecutors will also allege that the vehicle was used as a deadly weapon which would require a defendant to serve at least half of his calendar time in prison before he is eligible for parole. Prosecutors will look for ways to expand the range of punishment by filing multiple charges if there were multiple victims. These charges can be...

Is 38.23 applicable ? Cont.

Section 38.23 of the Texas Code of Criminal Procedure bars the use of evidence obtained by an officer or other person in violation of of any provision of the Constitution or laws of the State of Texas or the Constitution or law of the United States. I do not believe violation of a commercial contract provision would not make 38.23 applicable. Your lawyer may make that argument and ask for a jury instruction, however, you should look for a stronger suppression issue.

Am i eligible for shock probation if i have an aggravated assault with a deadly weapon

In Texas, Aggravated Assault with a Deadly Weapon is a 3G offense. What that means is that you cannot get straight probation from a judge. That also means that you cannot get shock probation. You may be able to get deferred adjudication, however. The judge can order up to 180 days in jail as a condition of community supervision which might help you arrive at a similar result as shock probation. It is important to know the differences between straight probation and deferred adjudication, so be...