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Samuel E. Bassett
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Samuel Bassett’s Answers

54 total


  • I neen to know how to get my case overturned

    i was con viected but not indieted my lawyer said when we were in court not to worry he'd take care of it but now he will not re turn my calls

    Samuel’s Answer

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

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  • My Ex is not paying his 50% for our daughter's orthodontis bill. How can I file a motion for enforcement-contempt ?

    I would like to file this on my own with the court. We have a court signed Modification & enforcements w/ item 4 "Both parties shall pay 50% of all in/uninsured healthcare costs, in or or in any emergecy.: This was signed by the Judge & all partie...

    Samuel’s Answer

    I agree with all answers. A motion for enforcement, if drafted properly, is a powerful tool to get compliance with an order but it must be written very specifically and in a certain format or a court cannot consider it.

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  • I'v been charged for family assault caused body injuries,can be case dismissed if it is no proof of any body injures ?

    i'v been charged for family assault caused body injuries,can be case dismissed if it is no proof of any body injures ?

    Samuel’s Answer

    I agree with Ms. Henley. Though I might add if there are no visible injuries, sometimes a prosecutor may not treat the case as severely as with visible injuries. A prosecutor would still have the discretion to dismiss, even if there was a complaint of pain.

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

    I really don't want this to go into my background. I have to go municipal court within 15 days. Do i need to hire lawyer for getting deferral? What happens when I go to court on Monday?

    Samuel’s Answer

    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.

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  • I got a ticket tonight for selling alcohol to a 18 year old

    Ive never sold alcohol to a minor.... I feel so horrible .... This is my first time ever doing such a horrible thing .I have no clue as to what to do

    Samuel’s Answer

    Take the TABC server's class. That will generally make a prosecutor sympathetic to your plight and exercise his/her discretion to reduce or dismiss your case in my experience. But, you should also seek legal counsel.

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

    He took them from TX to NC with no intention on bringing them back(he assumed that he would not have to pay child support if they were in his custody), changed his # so that I had no way of contacting them. He was served and ordered twice to brin...

    Samuel’s Answer

    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.

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  • When do I file the final divorce decree?

    I filed my divorce petition and my Stbxw and i agree on everything. She has went ahead and signed the waiver of service and the final divorce decree as well as a parenting plan we both agree with. When should i file these forms? Or do i have to wa...

    Samuel’s Answer

    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.

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

    my friend was hit in the face by a person bigger than he is and i got to thinking if it was legal or not if i pull a knife out on the guy that hit my friend (was-int going to hurt him just get him to back off)

    Samuel’s Answer

    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 involved, etc.

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  • Can I get my record expunged or sealed?

    Im on probation for attempted forgey. That happen in 2011. Umm I am still Trying to understand the whole process. And what type of misdemeanor is it.

    Samuel’s Answer

    I agree with the answers given...it is unlikely you can obtain an expunction since it sounds as if you are on court ordered supervision. If your probation is a deferred adjudication probation, you are eligible to have you record sealed upon completion of the term.

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  • Whats the likely outcome from a first time offense class a misdemeanor possession of xanax and class b possession of marijuana?

    it happened outside of dallas, tx

    Samuel’s Answer

    You should get a lawyer who regularly practices criminal defense. In my experience, if the defendant has no prior record, you can usually get a deferred disposition or other form of dismissal if counseling is completed in advance of negotiations.

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