Florencia Candy Rueda's Answers

Parole Hearving vs Criminal Charge Trial

As the other two lawyers already said, the drug charge is independent from his conviction of robbery for which he was placed on parole. He absolutely requires counsel. Based on my experience with parole revocation hearings in Texas, many times these hearings for revocation can be set even before the defendant is convicted. The burden on a parole revocation is not beyond a reasonable doubt, so it is easier to be revoked. That said, a lawyer should be able to postpone any revocation until...

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My boyfriend was on deferred for a felony POM charge, recently got 1st DWI now in jail MTR What will they do to him?

Any new arrest can affect deferred adjudication. When your boyfriend accepted the deferred adjudication, he agreed to many conditions of his 5 year supervision. Among one of those conditions, is to not commit any new offense. If he does violate any of his conditions of supervision, including but not limited to committing a new offense, then he can be adjudicated guilty and be given the maximum years of punishment for the case he was put on deferred. That said, just because that is a...

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If a 17 year old has sex with a 15 year old in the state of texas, can they go to jail for statutory rape?

It is an affirmative defense if the actor: (1) was not more than three years older than the victim and of the opposite sex. An affirmative defense means that the burden of proving the no more than three years older than victim is on the defendant. If the defendant can prove that no more than three years exist (and comply with the other requirements, see below) then the person did not commit the Indecency with a child "statutory rape" and cannot get convicted. Practically speaking, you...

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If I bond out can I get a court appointed attorney?

The simple answer is yes you can still get a court appointed attorney. You must be able to prove that you are either a full time student, or indigent. I have seen many judges appoint attorneys to defendants who get out on cash bonds, so yes you can still get an appointed attorney. You just have to qualify.

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Im on probation and I got arrested last night for a public intox Im really scared whats going to happen

Any new arrest can affect your probation as it is considered a violation of probation. A probation officer has the discretion to give a probationer a warning, or to make him appear before a court for a "probation violation" hearing. If the latter is done, the probation officer can ask the Judge to extend your probation, or add extra conditions. If the violation is serious, your probation may be revoked completely and confinement in jail imposed, usually that requires a bigger violation than...

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If I bond out can I get a court appointed attorney?

The simple answer is yes you can still get a court appointed attorney. You must be able to prove that you are either a full time student, or indigent. I have seen many judges appoint attorneys to defendants who get out on cash bonds, so yes you can still get an appointed attorney. You just have to qualify.

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How is community debt divided? do both parties really have to agree? What will a judge most likely do?

I am assuming you are referring to dividing debt in a divorce proceeding. In Texas, Community debt as well as Community assets is divided by what is called a "Just and Right Division." There is no 50% or any percent. It means the judge can decide based on what he believes to be "Just and Right." Of course however, parties can always come to an agreement and decide to split the assets and debts however they choose to do so. And if both parties agree, then usually the judge will sign the...

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I rceived a ticket for going 40 mph in a 25 mile zone. I asked the police officer to show me the radar and he did not.

In Texas the answer is no (and I suspect the same to be true in Arizona), but you can set the case for a trial and have your attorney subpoena records of the radar. If it records speed, and dates and times, and there is a record of this, then your attorney can request those records for you. But in general, a Police officer is not required to show you the radar in order to give you a ticket or cite you with a ticket. The prosecutor is however required to prove the case beyond a reasonable...

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First time offense assualt with bodily injury to a family member that was really a girlfriend

Family Violence in Texas is defined as: (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; (2) abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G),...

Is it possible to drop/ reduce to misdemeanor class C/ a Assault and Bodily Injury Family Member charge ?

Yes it is possible to do so by negotiating with the State. In Travis county, this can occur depending on the fact pattern, the criminal history, the victims input, and other variables that are taken into account by the prosecutors. One thing to be warned of is that a reduction to a class c is not always the best when it comes to family violence. Even a conviction on a class c assault can have some negative impacts on you. Ask your lawyer about family violence findings and convictions and...