Ruben Gonzalez Jr.'s Answers

Ruben Gonzalez Jr.
Criminal Defense Attorney.
Contributor Level 8

2

Attorney answers:

  1. Ruben Gonzalez Jr.
  2. Cynthia Russell Henley

Who gets to sit through a trial in a felony case?

Asked by a user in Dallas, TX - over 3 years ago.

Most likely you will be excluded from hearing the witnesses testifying in the criminal case. In Texas criminal cases attorneys (both the prosecutors and defense attorneys) will invoke “the rule”. The rule excludes all witnesses from hearing the case because the witnesses if they hear each others testimony will adjust their statements or what the witness will say before the jury. The “rule’s” goal is to help ensure the truth will be told to the jury that will render the verdict. If either...

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3

Attorney answers:

  1. Ruben Gonzalez Jr.
  2. Edgardo Rafael Baez
  3. Cynthia Russell Henley

My son was arrested for abanon endanger child criminal negligence how much time could he spend in jail

Asked by a user in Dallas, TX - over 3 years ago.

Another option is to contact the Dallas County Bar Association and speak with the Lawyer referal service; some law firms will do pro bono work. Regarding your son's criminal exposure, depending on the circumstances, he could be facing a felony offense ranging from a first degree felony (5 to 99 years or life) to a lesser offense where the range of punishment is a State Jail Felony Offense (180 days to 2 years) in the State Jail Facility. See Texas Penal Code Section 22.04. The questions...

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1

Attorney answers:

  1. Ruben Gonzalez Jr.

Embezzlement charges being threatened for personal loan

Asked by a user in Fort Worth, TX - over 3 years ago.

First, you need to consult with an attorney immediately. It appears the former friend may be attempting to threaten you with a criminal action if you do not settle this civil dispute. If an attorney is threatening you with a criminal action, in my opinion, that is very serious for the attorney to even hint at such a strategy because it is unethical and an attorney could be sanctioned by the State Bar of Texas. Only the State of Texas through the appropriate District Attorney’s Office, and...

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3

Attorney answers:

  1. Herman Martinez
  2. Ruben Gonzalez Jr.
  3. John M. Kaman

What is the process under TX criminal law procedure in getting a warrant removed

Asked by a user in Dallas, TX - over 3 years ago.

There are two ways to having a warrant lifted; (1) the arrest warrant is executed by a police officer arresting you (clearing the warrant by arrest) or (2) the warrant can be withdrawn by the police officer who requested it by contacting a securing the approval of the Court and giving an explanation why the warrant should be withdrawn (mistake of fact, etc.). If you hope to avoid being arrested by explaining your Uncle admitted to stealing the computer, then the police need to be provided the...

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2

Attorney answers:

  1. Ruben Gonzalez Jr.
  2. Howard Woodley Bailey

I recently sold to an undercover officer, being charged w manufact/deiver of controlled sub F2. What is going to happen to me?

Asked by a user in Dallas, TX - almost 3 years ago.

Depending on what jurisdiction your offense occurred, the district attorney's office will have policies that the trial prosecutors will follow. Example, the Tarrant County District Attorney’s Office policy for an offense involving deliveries of a controlled substance or possession with intent to deliver offenses is not to offer probation. The assistant district attorneys will offer a prison sentence as a plea bargain; the defense attorney can sometimes find a legal problem with the case that...

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2

Attorney answers:

  1. Ruben Gonzalez Jr.
  2. Edgardo Rafael Baez

Under what authority can the Secret Service assist the state prosecutor in the City of Dallas with a polygraph test.

Asked by a user in Dallas, TX - about 3 years ago.

This reply is not a substitution for legal advice and may not be relied upon to make legal decisions in your case. Consult with legal counsel immediately to receive legal advice in your particular case. Generally, law enforcement agencies, including the United States Secret Service, assist state law enforcement agencies whenever possible, especially when they have an interest in a case or in one of the suspects. There are numerous joint federal and state task forces that operate together...

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1

Attorney answers:

  1. Ruben Gonzalez Jr.

Federal inmate's legal rights?

Asked by a user in Dallas, TX - over 3 years ago.

The short answer to your question is: sometimes, and it depends why you are hiring the attorney to do. What is the problem are you attempting to fix? Hiring an attorney for federal inmate problems depends on what occurred to the inmate, are you attempting to improve living conditions for example. If the issue is regarding the release, programs for education or computation of good time credit for a federal inmate, hiring attorney may be beneficial. If the situation regarding an inmate has to...

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4

Attorney answers:

  1. Ruben Gonzalez Jr.
  2. Mark W. Bennett
  3. Herman Martinez
  4. Merrida P Coxwell Jr.

What are possible criminal consequences for real estate fraud

Asked by a user in Dallas, TX - over 3 years ago.

All the previous attorneys are correct; seek legal (criminal) counsel immediately. Other possible alternatives may include you contacting the police to report the other party’s fraud activity. It appears that you may have been a victim as well. The Dallas County Criminal District Attorney’s Office has a specialized crimes unit and your counsel may be able to intervene on your behalf and assist in the criminal investigation by supplying information to the investigators, and thereby precluding...

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2

Attorney answers:

  1. Ruben Gonzalez Jr.
  2. Adam Todd Dougherty

Can you be a felon when you have never even been arrested?

Asked by a user in Bedford, TX - over 3 years ago.

I agree with Mr. Dougherty, you are not a convicted felon. Potentially a greater concern is your future ability to be employed in law enforcement field. Under the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) regulations employment records, including applications, are kept by the law enforcement agencies. During the application process, most agencies will have a disclosure agreement or agreement that the department you applied with will not disclose any...

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1

Attorney answers:

  1. Ruben Gonzalez Jr.

Can felony be reduced, whats going to happen. Help please!!!!!

Asked by a user in Texas - over 3 years ago.

There are two different issues you are dealing with in your son's case. First, the juvenile case - indecency fondling is considered a felony level offense, since your son is a juvenile; the district attorney's office will be prosecuting him. In most Texas jurisdictions your son will not be sent to a Texas Youth Commission (TYC) facility on a first time offense. However, the more important issue is sex offender registration, under the Texas Family Code — Juvenile Justice Law, a judge, after...

1 person marked this answer as helpful