Paul Holt Walcutt's Answers

Paul Holt Walcutt
Austin Criminal Defense Attorney.
Contributor Level 15

2

Attorney answers:

  1. Paul Holt Walcutt
  2. Robert Sterling Guest

How should I feel?

Asked by a user in Dallas, TX - over 2 years ago.

Depending on the circumstances, the DA could re-indict you on this offense. The dismissal could show that the DA has doubts about the strength of its case or it could just show that they caught some error in the charging instrument and wanted to avoid problems down the road. If you are re-indicted, a warrant will issue for your arrest and you would have to post another bond to get out. i would recommend discussing this matter with a local criminal defense attorney who can give specific...

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Attorney answers:

  1. Paul Holt Walcutt
  2. Mark W. Bennett

Bail Bonds

Asked by a user in San Antonio, TX - over 2 years ago.

It means that a lawyer is licensed by the state and county to act as a surety on a bail bond. Normally, a separate entity (a person or company) acts as the surety on a surety bond, but some lawyers are able to do this. It could create a conflict of interest between you and your attorney if you skip bail and the attorney has to sue you to get his or her money back (since he or she would be responsible for the full amount of the bond if you took off). This is a matter you should discuss with...

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Attorney answers:

  1. Paul Holt Walcutt
  2. Seth J. Bloom

I am on bond for felony possessio of a controled substance (ecstasy) Can a pre-trial u/a that finds marijuana be used against me

Asked by a user in Houston, TX - 3 months ago.

Yes, a positive ua while out on bond can cause your bond to be revoked. You need to contact your lawyer ASAP.

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Attorney answers:

  1. Paul Holt Walcutt
  2. Michael Douglas Shafer

Poss charge (meth)

Asked by a user in Liberty, TX - over 2 years ago.

I'd encourage to ignore "advice" given by "attorneys" like Mr. Shaffer. Also, you need to stop posting information about the case online because it is not confidential and could be used against you. Whether or not the case will be dismissed depends on several factors, including, but not limited to: Is your passenger willing to admit that the drugs and money were theirs and that you were ignorant about the drugs? Where exactly were the drugs in the car? Where was the money? Do you have...

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Attorney answers:

  1. Paul Holt Walcutt
  2. Edward Jerome Blum

Perjury

Asked by a user in Dallas, TX - about 2 years ago.

Most police reports in Texas do not contain signed statements. The person could typically be charged with a less serious charge of Making a False Report to a Peace Officer just by lying to a cop about a criminal event. If they sign a statement or testify in court to these facts, then the perjury charge comes into play. Minors can still be charged with either of these crimes. As to whether or not these charges WILL be filed, that's another issue. I have seen plenty of people discredited...

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Attorney answers:

  1. Paul Holt Walcutt
  2. Robert Sterling Guest
  3. Carlos Gonzalez

Pleading GUILTY to felony criminal charges

Asked by a user in Houston, TX - over 2 years ago.

I think I hear your question to be in the case of charge that carries a minimum prison sentence, whether a compromise can be reached that allows someone to avoid any time behind bars. It really depends on the circumstances, and is especially dependent on the prosecutor's office and the particular judge your case is being handled by (since the prosecutor can either offer or not offer certain deals and every deal has to approved by the judge). Statutory rape is charged as sexual assault under...

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Attorney answers:

  1. Paul Holt Walcutt
  2. Richard Martin P. Canlas
  3. Charles Elwood Soechting Jr.

What could be the sentence for murder during grocery store robbery?

Asked by a user in Houston, TX - about 1 year ago.

This person could face the death penalty because the murder occurred during the commission of a felony (robbery). Whether or not the case involves the possibility of the death penalty is ultimately up to the prosecutors, but if this a case in Houston, it is very likely the State will seek death.

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Attorney answers:

  1. Paul Holt Walcutt
  2. Cynthia Russell Henley

Can a DA block a targets appearance before a grand jury?

Asked by a user in Beaumont, TX - over 1 year ago.

It is strange that the prosecutors would lead you and your lawyer to believe that you would be allowed to present evidence to the grand jury and then go ahead without you. While it may be unethical and unprofessional, it is not illegal for the prosecutors to do this. This is a secret process over which the State's attorneys have pretty much total control of in terms of what is and what isn't presented. I would recommend discussing this further with your attorney if you have any questions.

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Attorney answers:

  1. Paul Holt Walcutt
  2. Sambar Kumar Mukerji

I am 18 years old and my gf is 17. does this mean that now we can have sex without braking the law

Asked by a user in Laredo, TX - over 2 years ago.

Actually, if you were ever charged with sexual assault of a child by having consensual sex with someone under 16, there is an affirmative defense that you were less than 3 whole years older than the juvenile when the sexual contact occurred. The juvenile must 14 or older for the affirmative defense to apply.

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Attorney answers:

  1. Paul Holt Walcutt
  2. Edward Jerome Blum

I Jus Got Pulled over in texas and the cop searched my car for 45 minutes and didnt find anything. i got a ticket for residue.

Asked by a user in Burleson, TX - over 2 years ago.

You may be able to challenge the ticket for residue (I'm assuming he charged you with possession of marijuana). In the first place, the officer has to have a reason to search your car when he pulls you over. If he smells weed, then that might provide justification to do so, as would you giving him permission to search. This detention has to be reasonable, and that will depend on the facts of the case (what he saw/smelled and when he did so). Finally, for marijuana charges, the person has to...

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