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Philip David Ray

Philip Ray’s Answers

81 total

  • I was charge with a misdemeanor case assault by contact for just going in my wife pocket and taken an item. Is this a crime?

    I did not push, tug, or restrain her as matter of fact I did not touch her in no type of violant way but once I taken the the item she start punching on me so I call the cops to press charges but I'm the one end up getting charge, how is this poss...

    Philip’s Answer

    In Texas:

    A person commits an offense if the person: intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

    If you put your hand in my pocket, I would definately find it offensive. It would be extremely unlikely that you could do so without making physical contact.

    However, I think you would definately benefit from a consultation with an attorney who handles cases in your area. Some of the suburbs around Dallas have made questionable arrests in family violence circumstances.

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  • What should I do?

    I received a letter from palmer,reifler & associate due to my daughter shoplifting at claires retail store. It stated my daughter was now in a was a civil suit and now needed to pay a fine of 275.00. I went ahead and paid the paid the $275 but was...

    Philip’s Answer

    I strongly suggest that you speak to an attorney in Round Rock that regularly practices in Williamson County. The attorney will know that the Round Rock Police Department detectives are very fair and open minded. That atotnrey will be able to go through with you what your rights are given the situation, and whether or not they are violating the law by intimidating you with legal letters. What they are doing is wrong.

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  • What is the Texas punishment for Aggravated Assault with a deadly weapon (knife)?

    My nephew's girlfriend stab him on his elbow and the knife went completely through. This happen mid day and outside her front yard today. Of course, he started gushing out blood everywhere and went to the hospital. He is 25 and she is 32. His gi...

    Philip’s Answer

    Let me start with a little geography. Amarillo is split into two counties. Everything North of about 34th street is Potter County. Everything South of about there is Randall County. The two counties have different District Attorneys. Randall Sims is the DA of Potter County; James Farren is the DA of Randall County. Both are fair men doing their best to seek justice, but their jury pools are very different.

    Potter County has far more crime and far less wealth. As a result, the juries there tend to be far more 'defendant sympathetic' than the juries in Randall County.

    Both DA's offices have Victim's Advocates that can give your nephew all sorts of information about the case. It is their job to answer these questions for him and to help him work through the next months to a year as the case goes through the system.

    If the offense occurred in Potter County, call the DA's office at: 806-379-2325

    If Randall County: (806) 468-5570

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  • Examining trial or not?

    I was arrested for stalking many months ago, and there has been no indictment as of yet. My attorney is recommending to file for an examining trial, but I'd like to hear some opinions as to the pros and cons of that. I understand that the AD...

    Philip’s Answer

    These two lawyers are right, except in Dallas.

    In Dallas, examining trials are so common, they installed a video phone in the witness room where lawyers can go to the law library and video conference in to the trial room. You can actually call in your examining trial on a little phone with a video camera and a screen the size of an IPad. In Dallas, lawyers use them to speed up the discovery process because the DA's office is so screwed up, the DA's in the courts have no idea where the case file is until after the intake division is finished with it.

    Often examining trials resolve the fact that there isn't enough evidence to pursue the case. If you lawyer is from Dallas and knows the courts, trust your lawyer. That's what you are paying for.

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  • How much time could I possibly be looking at for purgery and how will it go on my record if I am charged?

    I lied about the details of an assault charge re: my husband. His attorney wants me to testify in court. I have not a problem testifying, but is it possible for me to meet with the DA/Judge in the case and talk to them? Is there any way to have th...

    Philip’s Answer

    I've provided a link to the law, so you can read it for yourself.

    If you've lied to the officer as a part of the original charges, but you were not under oath at the time, you've committed a false report. If you were under oath at the time, you committed perjury. If you lie during a proceeding while under oath and the lie you tell is material to the hearing, it's aggravated perjury. (only aggravated perjury is a felony)

    Go to the DA's office. Speak to the Victim's Advocate there. If you're in Harris County, there are several, and they all will listen to what you have to say. After speaking to the advocate, then ask that person to speak to the DA with you.

    The above lawyers are wrong when they say, 'DA's always say that'. They don't. The word 'always' is inaccurate. Also, they sometimes do follow through. When I was a prosecutor, I did charge a victim with Aggravated Perjury, but the facts were more egregious than what you've described.

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  • What should I do if I paid a lawyer to defend me and he he took my 3,250 dollars and never showed to my court dates?

    I have sent a certified letter requesting my money back with no response.

    Philip’s Answer

    I agree with the advice above. For further information:

    Call this number: (972) 383-2900. It's the Dallas Regional CDC office for the State Bar of Texas. For further information, see the link I've added below.

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  • My Husband has less than 6 months left on a felony poss case on probation. He tested dirty again and his po says its going court

    this is the 3rd time...First wilmer , then thinking for a change class now hes dirty again....what can happen and he owes $2300 in fees

    Philip’s Answer

    After the first few times testing dirty, the probation officer will grow weary of giving more chances. Although in Dallas you may have more mercy than in some jurisdictions, the court will still take it seriously that he is continuing to fail at being responsible for himself. There are many inpatient treatment possibilities. If he has an attorney that is experienced and competent, he will have a chance to stay out of prison, but it will be a difficult path for him to travel.

    I would hire local counsel in Dallas to assure that he has someone experienced and competent to assist him.

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  • Options for early release

    My brother has been sentenced to 20 years for robbery and I was wondering in the Texas, what can we do for him to get early release or probation.

    Philip’s Answer

    I disagree.

    He will be eligible for his first opportunity for parole after his good time and his actual time equal one fourth of his sentence. (5 years) But good time can rack up fast if he participates in all the programs he can to earn it.

    What you can do is support his good behavior by visiting him and keeping in touch as often as you can. When the parole board considers his case, you can assist him with the gathering of letters on his behalf along with all the information you think is relevant for the board to consider.

    If District Attorney's offices can present parole protest packets, there is no reason that you can't present a 'mercy packet' to help the parole board see that should he be released, he will be integrated back in to society and supported by his family.

    You can get his sentence reduced from 20 years, but you can at least help with parole.

    ALSO: I would contact an attorney local to Dallas and discuss the possibility of moving for shock probation after the conviction. If the District Attorney doesn't object, the court can consider releasing him under some very strict guidelines. This is a VERY long shot, which is very fact dependent. Speak to an attorney about the possibilities.

    But don't give up. The more you actively and positively participate in his life while he's in prison, the more you help him work towards parole at the first opportunity.

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  • Indecency with a child sexual contact felony second degree if pleading plea bargaing out what should expect as a sentence

    My soon to be ex husband is plea bargaing out of indecency with a child sexual contact second degree felony! This is his first sex offense and has no prior record this is In the state of Texas What should I expect his sentance to be I'm concern...

    Philip’s Answer

    If you are sure that it is a second degree felony, then the conduct alleged is a contact offense. Under the statute, contact offenses are almost always lifetime registration, even if a person is given probation.

    If part of the plea bargain is to plead to a different charge, for example indecency by exposure, the results can change.

    I would contact the victim's advocate at the District Attorney's office in Bell County. (254) 933-5190. Ask to speak to the advocate or to the prosecutor involved in the case. You'll get better information directly from that office.

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  • My son was convicted of an aggravated assault with a deadly weapon he took a plea bargain and it was considered a 3g offence

    my question is how can this be if no weapon was found and one of the detectives who was investigating this case wrote a statement and said he arrested the co defendant with the weapon this is not true i saw when thr co defendant was arrested and n...

    Philip’s Answer

    If either of the two defendants used a weapon during the offense they can both be held responsible under the law of parties, Texas Penal Code 7.01.

    If there is proof of a weapon, even without finding one, then a conviction can stand. As a part of the plea bargain, the defendant makes a judicial confession which typically includes an acknowledgment that a weapon was used. If that was carried out, then there is likely nothing that can be done. I would bring copies of the judgment to an attorney's office and ask for a consultation.

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