Samuel E. Bassett's Answers

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

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

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

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

Deferred adjudication probation violation

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

Possession of controlled substance

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

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

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

My Mom was charged today with a Class B Misdemeanor, what is the usual punishment imposed upon first time offenders?

I agree with the above answers. What you hope for in these situations is to avoid a conviction of any sort, if possible. Obviously, the fact that this is a first time offense and is not a felony will almost always result in a worst case scenario of probation.

1 lawyer agreed with this answer

How do I fight a speeding ticket in Texas

Request a trial, in writing, from the Court that has jurisdiction over your ticket. In no instance should you enter a plea of no contest or guilty. Sometimes, a prosecutor may offer to dismiss the case if you take defensive driving.

1 lawyer agreed with this answer

If you are 18 but not graduated high school yet can ur parents prevent you from moving out in Texas

I agree with the other attorney's answers. Your move-out cannot be prevented but you should consider finishing high school , at the very least.

1 lawyer agreed with this answer

Can my fiance get my impounded car back if I'm not in the country?

I would see if you can get a power of attorney to authorize him to get the vehicle out of impound as soon as possible because they normally charge by the day and the fees are increasing every day it stays in the impound lot. Otherwise, you will have to pay hundreds of dollars, if not thousands, in fees once you return.

1 lawyer agreed with this answer

I am going through a divorce and I have requested that he take a drug test. Can he request I take a polygraph test?

In matters of child custody, when there is legitimate evidence of a potential drug problem, the court will almost always order drug testing upon request. However, keep in mind that often the court will make such a requirement mutual. It depends upon the recency and the severity of the potential drug problem but courts will err on the side of testing to ensure the safety of a child. Polygraph tests are rarely used in family law cases.

1 lawyer agreed with this answer