My husband had court on the 10th of June witch we were hoping he would get released but no the judge is saying he isn't giving him shock probation anymore after he got approved for shock probation and community supervision he was only going to do ...
Shock probation is never guaranteed in advance (although there is often an agreement that this is what will likely happen), and it is completely within the judge's discretion to grant or deny the defendant's Motion for Shock. You cannot bond him out because he is serving a TDC sentence. I assume his attorney represented at the hearing on Shock. That person is in the best position to explain the judge's ruling to you. If you are not happy with the result, it sounds like you have a little time to hire a different attorney to file a Motion to Reconsider. That may be an extreme long shot if your judge already has his or her mind made up, but it is certainly worth exploring.See question
Arrested for marijuana possession in April, under 2 ounces. Was planning on moving back home to Indiana. Awaiting a court case and it's taking a long time. Wondering if I can transfer court case, or what process would I take to moving back to Indi...
The case cannot be transferred out of Denton County. Jurisdiction lies wherever the offense occurred. The court doesn't really care where you live as long as you (or an attorney on your behalf) appears at all the court dates. Ultimately, you will almost certainly have to return for a final disposition (plea or trial). You need to hire an attorney to handle this for you. That person can walk you through the process. Best of luck!See question
My arrest was December 4, 2013. I was not charged until January 20, 2014. 90 day probation began August 2014. The case was officially dismissed May 23, 2016 (my lawyer never followed through). When can I apply for expunction?
Your lawyer didn't need to do anything to follow through. For expunction purposes, your case will be considered dismissed 90 days from the date you pled to the Class C. On a reduction, the Dallas DA will make you wait the entire two year statute of limitations period. That time began running at dismissal. However, you do get to subtract out the time between the offense and filing (I'm not sure if by charged you mean filing or first setting or what; you were charged when you were arrested). My best estimate is that you will be eligible November of this year, less maybe 6 weeks. Any local attorney can pull the case up for you and give you a more accurate answer.See question
I was arrested back Georgia in July 2012 I was 17 years old at that time. The charges never made it to indictment. I talk to my criminal offence investigator back in March of this year and he said they did not go through with the case. So I'm won...
Your question is coming to the attention of Texas attorneys because you have listed yourself in Dallas. Change your location to the county in which your case was filed. That will get you accurate information about Georgia law (which most Texas attorneys will know nothing about) and will get you direct assistance from attorneys who are familiar with the specific jurisdiction. Best of luck.See question
The reason I ask is because I hear that they can only go back 7 years, but is that from the time you were convicted? Or the time you completed your probation?
They can go back as far as they want. Many employers choose to only go back 7 years, but some go back longer or do not set a time limit. Each employer tells their background service what parameters they want on their background checks. If it is at all possible to expunge or seal your case(s), I would make that a priority,See question
My brother and a friend were driving through town with expired registration in a borrowed car. Police stopped them did a search and found a baggie with substance inside under a gram. During the stop the female beside him had a larger quality and a...
Charges often change between arrest, case filing, indictment, and plea or trial. The only thing to be done is to hire an experienced attorney and let that person go to work. There will be drug evidence. It wil have been photographed and weighed and sent to a lab for analysis. Of course, no one can prevent cops from lying about where drugs were found, and sometimes this is an issue for a hearing or trial.
Very little information is often gained at an examiining trial. Once the case is indicted, his attorney wil have access to all the evidence and will be better able to advise him at that point.See question
My son was charged with assault fam/house mem impede breath/circulate. He also has a drug charge of att cs....he has done 120 days ISF. He was released January 1, 2016. They revoked his probation for a dirty ua (for alcohol, meth, cocaine, heroin)...
Many Dallas judges do not like the Cenikor program. You don't get to pick your treatment facility when you are on probation--especially when you have multiple violations. The judge obviously feels that he needs a more intense level of treatment than Cenikor provides. It does seem to me that, if the judge thinks he needs treatment, s/he would go ahead and order the safp rather than pen time. It sounds like your son angered the judge pretty badly. Hopefully the judge will cool off and order him to safp next week.See question
I have a record in Taxes and it is 3 years old and I want to Seal & Destroy Arrest Records and in CA I have used (Per Penal Code Section 851.8) can I us the same form to Seal & Destroy Arrest Records? If not what form do I use or how do I Seal & D...
Texas uses a different process. There is no form, and you definitely cannot use a form from another state You may be eligible for a complete expunction; you may be eligible to seal your record through a non-disclosure; or you may not be eligible for either. It depends on what you were charged with and how your case was disposed of. Any criminal defense attorney who practices in the county where your case was filed should be able to look these things up for you and let you know what your options are.See question
boyfriend is currently in jail for a 3g offense..
A 3G conviction requires the person to do at least half of their sentence (and a two-year minimum) before being eligible for parole.See question
If you have a prior felony from another state and are being charged in a different state with a different one, can prior be held against you in the new state
Yes. Although the prior may be more difficult for the State to prove--or it may not be. But Texas law absolutely allows any prior felony conviction to be used for enhancement purposes.See question