My boyfriend and I were driving from his parents house the other night. WE were pulled over because the police officer said we had suspicious behavior. I think my car was just red flagged from previous use by my sister who has had many charges. ...
Hello. Your main question is will CPS be called on you? The only person / people that can answer that question are the police officers involved in the incident from that night. But, in order to justify a CPS investigation, the agency would need to have some sort of allegation of neglect on your part towards your child or some sort of basis to suspect that you were endangering your child. Just because you were with someone that had marijuana on them is not sufficient reason in and of itself to justify a CPS investigation. However, if there are other factors that might lead the police officers or a CPS investigator to believe that you were not properly caring for your child, then an investigation may be opened. But, remember that a CPS investigation and a criminal investigation are two different things. They sometime cross paths, but in their basic function, they have different goals and therefore operate differently. If, based on the facts from that night, you believe that there is a concern that someone might think that you had neglected your child, you should probably consult with an attorney just to make sure that you don't make any admissions that would get the CPS track to cross into the criminal track of the criminal charge - Endangering a Child.
You hinted at other issues in your question that dealt more with your boyfriend's issues. In order to initiate a traffic stop, the police have to either a valid traffic violation or a reasonable suspicion that a crime is actively taking place to stop the vehicle. They cannot stop the vehicle just because there is suspicious behavior. You also never mentioned how they searched the car. Again, the police cannot just search a car. They either have to have consent to search a car, or probably cause to believe that there is contraband in the car. There are only certain ways that they can get to probable cause and they have to articulate all of that in their reports or be subject to a Motion to Suppress the Evidence.
If your boyfriend does not have an attorney yet, he needs one. Narcotic cases often deal with many constitutional issues and if the police and prosecution don't do their job exactly right, there are defenses that need to be raised.
Good luck!See question
The merchandise amount was in the $30 range, however walmart made it over $50, I knew my friend decided to shoplift, I didn't want part of it, so I purchased my item in a separate lane and had none of the stolen merchandise on my person. Loss prev...
In order to charge you with Theft, the State (Police) will have to show that you were somehow aiding or participating in your friend's act of shoplifting. The typical way is to show that you were the "lookout" person. Another way is that one person would remove the packaging and another person would conceal the items. Another common way is that one person selects the items and the second person hides the items. If you did none of these actions that it will be very difficult for the State/Police to say that also shoplifted or participated in your friend's shoplifting.
The reason why the "enhanced" the price is because for Theft of less than $50, the theft is a Class C theft and only results in a ticket. A theft of $50-$500 is a Class B Misdemeanor, and can result in a person being arrested. However, if you and your friend were not turned over the police that day, then it is highly unlikely that you will be charged down the road. Assuming that the alleged offense occurred here in El Paso, the way Walmart and the police work here, if they don't charge you the day they catch you, they won't charge you down the road.
The letter for restitution is an arm-twister by them to get money out of you. I have not heard of anyone actually facing any consequences for ignoring those letters. In order to file a civil suit against you for the theft, they would have to spend nearly $1,000 in attorney fees, investigator fees and court costs. It just is not worth it on a case that they probably could not make to begin with. Besides, if you did send them money, it could be an admission on your part of guilt on the potential criminal case.
If, you end up getting charged with anything, come see me. It sounds like there is a lot to work with on your case and I would enjoy helping you out!
Good luck!See question
Hi! I was caught shoplifting in Old Navy & I got a ticket from a police officer. The merchandise was under 50$, 12 or 13 total I think if that, (why I didn't just pay, I wasn't thinking obviously) so I think that rules it as a class c misdemeanor!...
Don't panic. It will be okay.
You may be able to get an attorney to represent you on the Class C Theft fairly cheap. You can call the same attorneys that do the traffic tickets. See if they will represent you for the same basic prices that they charge for the traffic tickets. Your representation is essentially the same and will be in the same courts.
Either way, if it comes down to you needing to go to court and enter a plea, you need to request "Deferred Adjudication Probation." You will probably be given anywhere from 3 to 6 months of Deferred Probation during which time you will have pay some fine and perhaps do some community service hours. After you complete your hours and pay your fine and court costs, the case will be dismissed. Under certain circumstances, you can seek an expunction of sentences brought in municipal or JP courts. Therefore there is a possibility of clearing your record completely, but in the end, a class c theft with no conviction is not going to slow you down very much.
Nevertheless, start setting aside some money for the fine and court costs. That will be the most expensive part of this whole adventure.
Good luck!See question
loss prevention caught me taking from my work jewelry and fraud return, i had to sign a statment saying i did that, and a civil recovery saying i will the the amout that was loss $147, what will happen? its been about 5 days now and they didnt say...
First off, you probably should stop saying things on open forums where you are making admissions that could potentially be used against you. You have a right to be silent ... exercise your rights!
Now, lets talk about some generalities. Theft is classified by categories of value. In other words, if a person steals less than $50 worth of stuff, they are charged with a class c misdemeanor. Between $50 and $500, a class B misdemeanor and between $500 and $1,500, a class A misdemeanor and so on. For a Class B Misdemeanor, a person would be looking at 0-180 days in the County Jail and from $0-$2,000 fine. With no felony convictions, they would be eligible for probation of up to two years. In most cases, a person gets probation instead of jail time and in most cases the probation is anywhere from a year to 18 months, depending on where they live. If they have a pretty clean record, they can usually get "Deferred Adjudication Probation" which means that after they complete the terms of their probation, they can have the case dismissed and the Information set aside.
Okay, so that was criminal law 101 on Theft Cases. Now, as for people that have problems because they are caught stealing from their employers ... the ball is in the employer's court. The Employer could turn the case over to the police and seek prosecution, or the employer could simply make the employee pay back the value of the stolen merchandise and then pursue some nasty civil remedies. It is all up the employer.
In the fact pattern above, I would say that the only way to know what is going to happen is to call your former manager and ask them if they have turned or are going to turn the case over to the police for prosecution. If they say yes, then you should probably go talk to an attorney and get ready for court. It sounds like you may have already signed some sort of confession. Depending on the actual facts, there may be defenses that can be raised, but you will have to talk to an attorney in private to determine the exact situation you are in. If your employer says that they are not going to turn the case over to the police ... the bad news is that they have two years to change their minds before the statue of limitations runs.
The other bad news is that conceivably, depending on the facts of your case, you could also be charged with Misapplication of Fiduciary Property, which has a seven year statute of limitations.
But, most likely, you are looking at a possible Class B Misdemeanor Theft, and probably deferred probation at worst - based on the fact pattern above.
Good luck and hopefully the employer will just make you pay money and not report it to the police! Oh, and SHHHHHHH!!!!!See question
Mom found 1/4oz marijuana in little baggies sent pics to my dad who then sent to detective who now wants to charge me she already flushed down everything in the toilet so am I still able to get charged?
I agree with Ms. Jaggers, this is silly. But, you should also be careful and not say anything else about this or what the substance was or might have been so that there are no admissions by you. If the Detective wants to talk to you, remember that you have a right to remain silent - exercise your rights.
If the Detective files the charges with the District Attorney's office, the case will not get filed. If, for some unheard of reason, it does get filed, come see me. Based on what you have said here, this case is going no where fast.See question
i dont have a record i just hit her once i dont know what happened she told me to leave so i did i didnt brake in or touch her after the hit there are two reports about it but no warrent yet she said she wouldnt press charges but if she did what c...
Mr. Harris is correct, you really need to NOT talk to anyone about this incident, including DO NOT post about it on-line as you do not want someone taking what you have said and using it against you as an admission on your part. Remember, this is an open forum and not a legal consultation where our communications are privileged.
Okay, that being said - If you were a guest in the house, you were invited into the house and at the time of the alleged assault, were still welcomed in the house, then the only possible charge will be an assault, class A misdemeanor. This is assuming that you did not, allegedly, hit the girl so hard that there is a possibility of serious bodily injury, and thus Aggravated Assault, or that the girl is under the age of 17, and then there would be a possible charge of Injury to a Child.
Okay, so assuming that the worst case scenario is Assault, class A misdemeanor, then you are looking at up to one year in the County Jail and a fine of up to $4,000. But, if you don't have a criminal history, then you are probably looking at probation of somewhere from one year to 18 months, depending on the area where you live. The maximum probation term is two years.
One important wrinkle, if you were dating this girl that you allegedly hit, then the prosecutor could charge you with Assault, Family Violence. The difference is that the Family Violence finding means that any future assaultive offense that involves domestic violence could be charged as a felony even though it is initially a misdemeanor. Also, there can be some federal firearms laws that could effect your ability to own firearms and if you are in, or hope to get into the military, a domestic violence finding will end any military career, regardless of whether you receive straight or deferred probation.
Now, you indicated that the alleged victim in the case does not want to prosecute. This is good for you, but the problem you have is that all criminal charges are brought by the State of Texas and so, technically, it does not matter what the victim wants, if the prosecutor wants to file charges, then charges will be filed. Your question makes it sound like there were police reports made. That could mean that a case was submitted to the prosecutor's office as a "non-arrest" case for the prosecutor to determine what to do - whether to file charges or not.
The best thing for your to do is to go talk to a good criminal defense attorney where you live that has some good contacts in the prosecutor's office that might be able to find out the status of your charges before they are filed.
Good luck. I hope that this answer helps you to understand the situation you are potentially in.See question
This case involves a false accusation of inappropriate touching. The accuser wants the case thrown out but is afraid she will be punished for lying
Ms. Jaggers is correct. The Criminal Defense Attorney can call the complainant to the stand. However, if she is going to recant, or say that she lied to the police, there is a very real possibility that the Judge will appoint an attorney to advise her of the possible consequences of changing her story under oath. The problem for her is that it all depends on how she gave her original version of her story. You say in your questions "inappropriate touching", which most likely means that a child was the "victim." Very few child interviews are "sworn" interviews and so if she changes her story when she is placed under oath, then there is no danger of being charged with perjury for lying in the first statement. Depending on the age of the complainant and the circumstances of how the charge was made, there is a possibility that when a complainant changes her story, she could be charged with making a "False Report to a Peace Officer." Because all of these potential criminal charges are out there for someone that might change their original story, the Judge will often appoint the complainant an attorney to evaluate the circumstances and advise her whether or not she should go ahead and say what she wants to say, or "take the 5th" and not answer those questions that might tend to incriminate her.
From my experience, if both the prosecutor and defense attorney agree that their is not a real possibility of criminal charges for a complainant recanting, then the Judge will not bother with appointing the attorney and will allow the testimony to go forward.
So, you see, it is possible, but it comes with problems. Your attorney will best be able to advise you on the particular situation and pitfalls you have.
I hope that this helps. Good luck!See question
Hi, I'm currently serving a one year straight probation for my 1st DWI offense. My concern is what will happen afterwards when I complete the probation? Will it stay on my record? Will it be considered as a conviction or not? Can it be sealed or ...
Hello. Unfortunately, in Texas there is no such thing as "Deferred Probation" for a DWI. I assume that you are on probation in El Paso, since that is where your question originated from. Because you say that you are on probation for one year, then it is very likely that you are NOT in the PTD, or Pre-Trial Diversion program. That would be the only way to come out of a DWI without a conviction. There are only a few counties in Texas that operate PTD programs.
Now, once you are "convicted" of a crime, with only a few rare exceptions, and DWI is not one of those exceptions, you will not be able to get your record sealed or expunged. Getting your record "sealed" refers to cases where you have been on "Deferred Adjudication Probation" and that is not a possibility for DWI's. And you cannot get an expunction unless the Governor grants you one, or a Court orders you one, on a finding of actual innocence. Unfortunately, neither is very likely to the average person.
So, you end up with a Driving While Intoxicated conviction on your criminal record for life. Sorry.See question
I am 22 yrs old and have also been charged with but not convicted of family assault at 17 and convicted of theft when I was 19 for which I was sentenced and completed a year of probation.
Hello. There is both good and bad news for you. The bad news is that you are facing a pretty serious felony charge. I am assuming that you are facing that charge here in El Paso since that is where you posted your question from. The good news is that based on what you have put here in your question, it is likely that in a worst case scenario you only looking at Deferred Probation on the felony charge. There is a possibility, depending on several factors, that we could get the charge reduced to a misdemeanor.
I assume that you have already been arrested and bonded out. You can hire an attorney ahead of time or wait until you go to court to see if you qualify for an appointed attorney. If you would like to get a jump start on your case, please feel free to come in and talk to me about your case and what strategic options we might be able to put in place for you. The first consolation is free.
Either way, good luck!See question
The speed limit was 50mph. I was driving behind a car (on the left lane) that couldn't decide whether they were doing 45 or 55 mph. Being less than a quarter of a mile away from my house, I passed the car. As I was passing a cop going the opposite...
Hello. Don't you just hate it when people drive in the fast lane but don't drive like it is the fast lane? It sounds to me like you have a case of bad timing. Unless we can show that there was some "necessity" that mandated that you pass the car at that particular moment, then there is not much that we can do in the way of a defense. We will need to cover all the regular bases of course - radar/no radar, calibrated, trained, ect. That being said, there is still no reason why you should be convicted of the charge. There are several options open to you. Please feel free to come by my office and we can talk about your options (Defensive Driving / Deferred Probation / Delay&Stay) and whether or not you would like to have me represent you so that you don't have to worry about showing up at Municipal Court to defend yourself on this ticket. The first consolation is free. Make sure you act before the deadline date on your ticket, otherwise you may have to pay an extra $50 warrant fee.See question