Skip to main content
Philip David Ray

Philip Ray’s Answers

81 total

  • Possible punishment for my 17year old daughter she has been charged with a class b misdameanor

    this is herfirst offense the item was valued at 138.00

    Philip’s Answer

    In Texas a Class B misdemeanor carries a potential punishment range of up to 180 days in Jail and up to a $2000 fine. Now, either the jail or the fine or both can be probated.

    There are two kinds of probation:

    Straight or Formal Probation, where you receive a sentence, then the sentence is suspended until the completion or violation of the probation,


    Deferred or Informal Probation, where the defendant's adjudication of guilt is set aside and the court gives the defendant a period of time to be supervised. If the defendant completes the supervision, the defendant is not found guilty of the crime.

    See question 
  • Can the po0lice have your perscription canceled

    The police stopped us in a hot neighborhhod for suspicious activity, Nothing happen no charges were filed. While I was in the back of the crusier. My buddy over heard the police talking about calling my doctor and having my scrip canceled.

    Philip’s Answer

    I'm sure you misunderstood. An officer can call and verify that a prescription exists. An officer has no authority over a Doctor as to whether or not a prescription can be issued or not.

    I'd set an appointment with your Doctor and ask him or her directly.

    See question 
  • My 14 y/o daughter got caught shoplifting at the Sugar Land Mall last night. Her total amount was between $100 and $200.

    She was cuffed and taken to Juvenille detention and later released to me same night. The J. officer says she will get a probation meeting within 6 weeks. They did a drug screen and she tested negative. She makes great grades ( 5 A's and 1 B) i...

    Philip’s Answer

    I would go ahead and make an appointment with an attorney in your area. Juvenile circumstances can make a dramatic impact on the direction your child takes from here on out. It can't hurt to spend some time talking to an attorney who knows your courts about the facts and circumstances surrounding your daughter's case.

    Make sure the lawyer in your area practices Juvenile law and has had cases in the county where your daughter was caught shoplifting. Also, I'd personally check and see that they are well rated on this website.

    See question 
  • Why does the law of Evading arrest or detention exist?

    Im writting a 10 page paper on the consequences of evading police whe they are trying to detain you for investigative or arrest purposes.

    Philip’s Answer

    Obviously, If an officer sees a violation, that officer should be able to halt your progress and address the violation. If there are no consequences for avoiding the detention, there's no enforcement of violations at all.

    Because Traffic situations can put people's lives in danger, evading arrest or detention with a motor vehicle must have serious consequences because of the tendency to those situations harming members of the public on the roadway with you.

    See question 
  • Do I have to wait two or more years to file a motion for expungement?

    My case was dismissed in May 2011, but the charges are from May 2007- Sept 2008. How much longer do I have to wait under Texas law to file for expunging of my record ? Is it 2 or 3 years after the dismissal or 2-3 years after the date of the origi...

    Philip’s Answer

    That depends. Were the charges dismissed as a part of the end of a deferred probation?

    If the case was dismissed without a plea, then there are particular rules surrounding whether or not you are eligible for an expunction. If you had to serve a term of probation, then you may not be eligible for Expunction, but you can consider filing a request for Non-Disclosure.

    Please see the attached links for the law.

    See question 
  • I have a warrant for intox.assault I need advice,I would never hurt anyone intentionally My ex called for me to come to him.

    he had been out drinking,& I had been out with friends also,against my better judgement I went,when I pulled up in the drive way he was immediately started to argue with me,he has a history of violence so I didnt even get out of the car,I reversed...

    Philip’s Answer

    The Tarrant County DA's office is a very fair office. But, they are also very stern with those that they believe have violated the law, especially intoxication offenses. Be sure to hire counsel that frequently practices in the Tarrant County Courthouse. They are very open minded to hearing your side of the story even before an indictment from the Grand Jury.

    The DA's office have even let us go in to the Grand Jury and tell them our side of the story on particular cases. I've not seen that anywhere else. They also have a division that specifically deals with family matters that will hear out what your ex has to say as well.

    Be sure that you contact an attorney that is a member of the Tarrant County Criminal Defense Lawyer's Association. And of course, is rated well on Avvo.

    See question 
  • What kind of actions am I looking at possibly?

    Hi I am 34 yrs old and I have gotten my first charge against me. It is credit card abuse. I was pick up and then bonded out. This is my first charge and no money was used off this card. And I have no other criminal or any kind of anything against ...

    Philip’s Answer

    In Texas, more likely than not, you're looking at a State Jail Felony. That carries a punishment range of 6 months to two years in a State Jail prison where there is no parole, day for day punishment. A fine can be imposed as well, up to $10,000.

    However, that sentence can be suspended and you can be put on probation from 2 to 5 years and supervised while in the community.

    Also, the District Attorney's office can recommend that any determination of guilt or adjudication be deferred for a period, (typically from 2 to 5 years as well) an place you on a probationary period without a conviction. (Deferred Adjudication.)

    This is a serious crime. You need an attorney who will represent your interests in your county. I'd find local counsel immediately.

    See question 


    Philip’s Answer

    If the Bailiff's are paying attention, they'll typically run the history of each defendant when the defendant is in the courtroom. Especially in small counties. It's always best to have your attorney be aware of the problem rather than hoping it will work out without telling anyone.

    See question 
  • How would I get my record Expunged, and are there any good lawyers in Texas that can help me?

    My name is Christopher Sharp and I am currently trying to get my record expunged. The offense happened when I was 16 years old and made a childish mistake. It is a delivery of a controlled substance charge and is standing as a State Jail Felony. I...

    Philip’s Answer

    If you'd like to read the Texas law, see the websites below:

    See question 
  • I was charged with child abandonment with intent to return and i have been indicted... my child was left under the care of a fri

    i was charged with child abandonment with intent to return and i have been indicted... my child was left under the care of a friend who left the home. I dont want this on my record or recieve probabtion what can i do to get this case dropped?

    Philip’s Answer

    This is a serious charge that requires an attorney to assist you.

    The Dallas District Attorney's office will not directly talk to you as a defendant. An attorney can negotiate for you and explain what happened. The DA's office isn't interested in prosecuting cases that aren't fair. Hire an attorney in Dallas to represent you on this matter.

    See question