Samuel E. Bassett’s Answers

Samuel E. Bassett

Austin Criminal Defense Attorney.

Contributor Level 8
  1. I neen to know how to get my case overturned

    Answered over 1 year ago.

    1. Samuel E. Bassett
    2. Macy Michelle Jaggers
    3. Evan Edward Pierce-Jones
    3 lawyer answers

    You should contact an attorney who regularly handles appeals so he or she can review the record and determine what should be done.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I got a citation for Class C Shoplifting for value under $6 yesterday. How do I get deferred disposition while plead no guilty?

    Answered over 1 year ago.

    1. Samuel E. Bassett
    2. Patrick Owen Earl
    2 lawyer answers

    You are not required to have an attorney. However, be sure to sign up for deferred disposition, which will allow you to eventually expunge this from your record. There are fees and CSR and sometimes counseling involved, but it is worth doing all of that to avoid a conviction.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can i defend some one else with a knife ifthey where attacked by some on bigger than them selfs.

    Answered over 1 year ago.

    1. Cynthia Russell Henley
    2. Samuel E. Bassett
    3. Macy Michelle Jaggers
    3 lawyer answers

    Self defense using a deadly weapon is only permittied if you are preventing another from committing the offense of aggravated kidnapping, murder, sexual assault, aggravated sexual assault or aggravated robbery. It is also permitted when you are using the deadly weapon to the degree immediately necessary to protect the third person from use of deadly force. There is no simple answer to your question because it depends on the nature of the assault against your friend and how much time was...

    4 lawyers agreed with this answer

  4. How can one get the DA's office to prosecute someone for parental kidnapping?

    Answered over 1 year ago.

    1. Samuel E. Bassett
    2. Bart Charles Craytor
    3. Jodi Soyars
    3 lawyer answers

    You should contact local law enforcement about filing a complaint for, at least, Interference With Child Custody under Section 25.03 of the Texas Penal Code. Keep in mind that law enforcement often considers such matters "civil" in nature and has the discretion to refuse to charge and arrest a person. It depends on the facts of the case and whether or not they feel the case can be proven in criminal court.

    3 lawyers agreed with this answer

  5. If found guilty of class a misdemeanor (assault with bodily injury), what could the punishment be?

    Answered over 2 years ago.

    1. Eric Richard Little
    2. Scott Douglas Marquardt
    3. Samuel E. Bassett
    3 lawyer answers

    I would add that a family violence finding can affect your right to possess firearms, immigration status, your ability to rent an apartment/home, your ability to obtain a professional license - to name but a few collateral consequences. So, you should hire an experienced attorney who is used to dealing with these types fo cases.

    3 lawyers agreed with this answer

  6. My husband was arrested for domestic violence will he get jail time?

    Answered over 2 years ago.

    1. Samuel E. Bassett
    2. Kevin Rindler Madison
    2 lawyer answers

    If this is his first offense, and if he is convicted or pleads guilty, it is unlikely he will receive jail time in Travis County. The court and prosecutors are much more interested in most cases that the person receive counseling and that the situation is supervised for a long period of time to make sure that no violence occurs in the future. Any documented diagnosis of PTSD can assist in trying to persuade the prosecutor or the court to mitigate any sentence as well. Occasionally, a...

    3 lawyers agreed with this answer

  7. Deferred adjudication probation violation

    Answered over 2 years ago.

    1. David N. Smith
    2. Samuel E. Bassett
    2 lawyer answers

    Each judge has different policies with regard to handling probation violations. However, from what you say here, it is unlikely that a judge is going to revoke your probation for one failed UA if all of your other probation conditions have been met, etc. You should consider getting a lawyer involved to minimize the amount of time you'll spend in jail for the warrant prior to appearing before the Court.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Possession of controlled substance

    Answered over 2 years ago.

    1. Samuel E. Bassett
    2. Peyton Zimmerman Peebles III
    3. Robert West
    3 lawyer answers

    In order for the State to prove "possession," they must prove an "affirmative link" between the contraband and the individual. The facts, as you describe them, seem insufficient to establish such an affirmative link under the law.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. When do I file the final divorce decree?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Emily S. Gelman
    3. Samuel E. Bassett
    3 lawyer answers

    You must wait 60 days from the date the divorce decree was filed to finalize the divorce by appearing in front of a judge and answering the "prove-up" questions. After the judge has signed the decree, you file it with the clerk of the court and your divorce is final, subject to a 30 day period in which a motion for new trial might be filed.

    2 lawyers agreed with this answer

  10. Can a felony that is pled down into a plea bargain ever be erased from my record

    Answered over 2 years ago.

    1. Samuel E. Bassett
    2. Eric Richard Little
    3. David N. Smith
    3 lawyer answers

    It is unlikely you will get the record "erased" or, in legal terms - expunged - unless your case was dismissed and you were not required to be on supervised probation for any offense arising out of the arrest. Under some limited circumstances, expunction of the greater offense is possible by agreement - though the appeals courts have recently made it more difficult to get the more serious offense expunged, even if it was dismissed in favor of a lesser charge. This is a complicated and...

    2 lawyers agreed with this answer