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Philip David Ray

Philip Ray’s Answers

81 total

  • Need help

    my husband is in denton county jail for burglary of habitation and burglary of a vehicle now this is hes second burglary of a vehicle but hes first felony they found him guilty but with no evidence what would be the time he will be serving?? can h...

    Philip’s Answer

    As he is in custody, the Warrant status is meaningless.

    Arraignment serves several functions:

    1) to formally identify you as the person charged;

    2) to determine how you plea to the charge;

    3) to identify your attorney, or, if you are unable to afford an attorney, to appoint an attorney to assist you in your defense; and

    4) to advise the accused of pretrial and/or trial settings.

    Some courts allow the accused to file a waiver of this proceeding through his attorney.

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  • Houston, Texas: Criminal Trespassing conviction Misdemeanor B.

    I live in Texas with my family and got in a fight with my brother. He called the cops and said I wasn't suppose to live there even though all my belongings and my ID says it's my residence. So they use my brother's phone to call my mama while she ...

    Philip’s Answer

    The short answer is no.

    However, if a person can show that their plea is involuntary or if there were extraordinary circumstances, an appeal is possible through a writ of habeas corpus.

    Do a google search on Writ of Habeas Corpus to learn a little more. Speak with an attorney to see if your situation may qualify. I wouldn't want to comment directly on it without knowing all the facts.

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  • Can I obtain forensic evidence from a murder trial for testing to exonerate a wrongfully accused person? If so, how?

    I have already tried to call the DA's office and his case is still in line for the innocence project.

    Philip’s Answer

    Yes you can, if you qualify. For the Texas Code of Criminal Procedure Chapter 64, click the link below that I have provided. Under certain circumstances, an attorney can help you seek post conviction testing.

    Good luck.

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  • Can officers in Houston kick my door in at my home to arrest for a warrant re: traffic ticket?

    Can officers in Houston kick my door in at my home to arrest for a warrant re: traffic ticket?

    Philip’s Answer

    A traffic offense is typically not an offense where an officer has the authority to arrest you. However, failing to appear after the issuance of a ticket is an offense that a warrant can issue for your arrest.

    Read the link provided by the previous attorney, but seek out local counsel in Houston. There are many fine criminal defense attorneys that you can find in the local area that will assist you specifically with your facts.

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  • What happens when your lawyer you paid money to does not show up for your arraignment.

    Waited at the courthouse for my lawyer and he didn't show up.

    Philip’s Answer

    Well, the judge in Gainesville, Hon. Janelle Haverkamp is a very compassionate person who will listen to people as long as they are respectful of the court. Not showing up to court isn't very respectful, although as the other attorney suggests, there is usually a very good explanation. Defense attorneys juggle multiple counties, courts, and jurisdictions as the practice. Sometimes settings and appointments do get crosswise. Sometimes courts don't always notify attorneys of the date and time.

    I agree that you should contact your attorney and find out what happened. I'm sure the court will want an explanation as well. Remember though, you are entitled to the attorney of your choosing. If your lawyer is not satisfying your need, you can contact another attorney and ask them to represent you.

    Have the new lawyer explain to you whether or not you are entitled to have some of the money you paid the first lawyer returned to you. The State Bar is very particular about lawyers getting paid if they haven't earned their fee.

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  • I didn't finish my community service, nor my MIP classes. Does anyone know what will happen at court?

    I had gotten into trouble last year (2010) for being involved with alcohol. I didnt drink it, but they said i had to get charged for MIP(Minor In Possession), since i was involved in the act. This year i finished my alcohol related service (9 hour...

    Philip’s Answer

    Depends on where you are. The judge has the discretion to handle your case many different ways. I would advise you to speak to your attorney about what should be expected.

    I can tell you this: if you fail to complete conditions of probation, you are subject to having penalties that can range from additional conditions to revocation. You posted this question in the Criminal section, but it could also be a criminal question. The answer depends on whether you were younger than 17 at the time of the offense.

    The best thing you can do is discuss your options with your probation officer. The more cooperation you can show between now and your court date, the better presentation you can give to show that you deserve another chance.

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    Philip’s Answer

    The short answer is, "don't go to court without your attorney."

    In Texas, the inability to pay restitution is a defense to a motion to revoke based solely on non-payment. What I mean is, if you can show that you can't pay, they can't send you to prison for it. BUT

    Be sure that you really couldn't afford it. If you're spending money on going to movies, cigarettes, cable, and other luxuries, the defense may not fly. You don't want the judge to wonder why you could see Harry Potter and Inception on opening night, but you couldn't pay your restitution, fine and court costs.

    I would start by contacting the attorney that represented you in the criminal case. If you aren't certain that you'd want that person representing you again, you can find many lawyers from the Houston area right here on Avvo. Several of them frequently answer questions like yours.

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  • Is this situation an example of an assault? Can any charges be filed?

    After a night of drinking two legal age guys are arguing with each other. Guy A is touching Guy B in an aggressive manner. Though they are arguing, neither is threatening the other party. Guy B attempts to walk away from the situation but Guy A is...

    Philip’s Answer

    The law:

    (a) A person commits an offense if the person:
    (3) 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 provacative.

    What do you think?

    For an officer to file charges, that officer has to believe that there is evidence to charge someone with this crime. For a prosecutor to pursue charges, the prosecutor has to believe that the evidence will prove to the jury beyond a reasonable doubt that the crime occurred.

    With this understanding, you have an argument that the original pushing and grabbing was an assault. The problem is, you've characterized Guy A as touching in an aggressive manner. That could be difficult to overcome if Guy A is the person wanting to persue charges.

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  • My child was harrassed on facebook the next day at school the girl then pushed her and my child fought back and nearly broke the

    girls nose. my child was then arressted and charged with assault nothing happened to the other girl. what can i do to defend my daughter

    Philip’s Answer

    Bullying is a very sensitive issue these days. I agree with the earlier post that you should hire an attorney to represent you. Make sure they have experience in Juvenile law, not just criminal defense.

    If the school thought that your girl was the aggressor, you can't let this pass. I would absolutely print out copies of the facebook harassment and save the pages. Bring them with you to your first appointment with the attorney. Hire someone with experience inthe court where your daughter has to answer for what happened.

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  • Arrested in smith county for probation violation in dallas.

    boyfriend was arrested in smith county for probation violation in dallas. will he be able to get out on bail?

    Philip’s Answer

    Depends on what kind of probation he was on before he violated it. If he was on Deferred, the judge will determine a fair amount for bond.

    The first answer is also correct. The judge has control of what happens in the case. I would immediately spend money on hiring an attorney to represent him in the case in Smith county. I would be certain to hire a lawyer that regularly practices in the court that is responsible for his probation.

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