My brother is in jail, awaiting trial for a felony charge but he was indicted again.
Yes. This is not unusual. They can charge him with any offense they have probable cause to believe he committed as long as they are within the statute of limitations period, which is at least 3 years on a felony.See question
Got into a fight with a drunken individual who threatened my life ended up fighting and he ended up in the hospital with a head wound from a blunt object.
The victim is a witness. Many assault cases go forward on the statement of the victim alone. Your attorney will work the case with the DA to challenge the victim's credibility and the strength of the supporting evidence. If you cannot reach an outcome you are comfortable with, you will have to set your case for trial and it will be up to a jury to decide who they believe.See question
My brother has been in jail for 7 months but still hasn't been indicted on the charge. Is there a time frame that the court have to indict him.
The State cannot hold a person for more than 90 days without indictment. Dallas is very good about making sure this does not happen. My guess is that if you check the jail screen or contact the sheriff's department, you will find out he is being held for something else (like a probation violation) or that his case has been indicted but not yet disposed of. If neither appears to be true, you need to hire an attorney immediately to file a writ to have him released.See question
My brother has mental health and we didn't know he was going through stage that cause him to act out and not be in his right mind and now. The judge assigned a Programs he had to complete with checking in with her once a month. 1 month before he w...
If he is in custody, he has a court appointed attorney. You need to get a hold of that person (you should be able to get their name and number from the court) and make sure they are fully aware of his mental health history. His attorney will make sure he gets an evaluation in jail and try to get him on a mental health track from there.See question
Over a year ago I had went out drinking with friends and then left to head home. I was on the freeway and dozed off and caused my car to flip over. Immediately afterwards, my luck I was struck by a car that did not stop to help me. I blacked out a...
Generally, a confession alone is not sufficient to convict someone of a crime. That being said, you do not want to take the stand and admit under oath that you were drinking and driving. If they did not test your blood alcohol level at the time, they are unlikely to have the evidence they need to go back and try to charge you now. (Because to prove you were DWI, the State would need more than your statement that you had been drinking--they would need evidence that you were legally intoxicated at the time of driving.) It sounds like the State is treating you like a victim and not a suspect. Although it is unlikely that they will try to charge you now, the safest thing to do would be have your own attorney. If you cannot afford an attorney, tell the DA, or the judge if necessary, that you are not comfortable testifying without your own attorney present. I have never seen a situation like this where the court did not appoint someone to represent the witness at trial. That person would meet with you before you testified to discuss the possible consequences and options and would intervene on your behalf with the DA if necessary.See question
When will he be out will he get out in 10 days is that like 3 days for 1 he is a trustee goes to work Monday thru Saturday He's in Dallas county
What kind of credit he gets and when he is released is up to the Sheriff's Department. No one is guaranteed 3-for-1 credit, but that is the standard in Dallas County on a misdemeanor jail sentence. If he has been sentenced to serve days in jail as a condition of probation, he will not receive 3-for-1 credit for that time.See question
DWI in Irving Tx on May 19 2017. Did the breathalyzer it was 1.27. I think this means I'm guilty. I'm not sure. I have heard if you plead guilty they give your license back sooner. Court date is June 22, 2017 History: - I got a ticket for pub...
Let me start by saying that the Dallas judges make it very difficult for you to represent yourself on criminal cases and for good reason. Representing yourself is about as smart as performing surgery on yourself. Most of the information contained in your question is misinformation, which should explain in and of itself why you need an attorney. For example, how you plead in the criminal case or how soon you plead in the criminal case has ABSOLUTELY NOTHING to do with your license suspension. You have the right to request a hearing on your license suspension, and that right expires 15 days after you are arrested. Most people do not know this and end up with an automatic license suspension. The license suspension hearing is a valuable first step in your DWI defense.
If you want to walk into court, try to convince the judge to let you represent yourself, and take whatever the DA is offering you, you have the right to do that. I assume that you know that a plea to a DWI is a permanent conviction on your record that comes with at least $3,000 in DPS surcharges on top of fines, court costs, and probation fees as well as 7 years of increased insurance rates. DWIs are highly technical cases, and there are ways to be beat them--if you hire some one who handles them regularly and knows what to look for.
PS It is impossible to have a BAC of 1.27. You may have had a BAC of .127 AT THE TIME YOU TOOK THE BREATH TEST. At trial the State has to prove what your BAC was AT THE TIME OF DRIVING. Most people have a higher BAC at the time of the test than at the time of driving because their bodies are still absorbing the alcohol they recently consumed when they are pulled over. It is not uncommon to win a DWI trial for this reason.See question
I have a different situation here, I have had the breathalyzer on my vehicle for a little over 2 years. I will be getting off probation in less than a month. However my license is Suspended until September. I have an occupational license and as it...
Yes you have to get an Interlock removal order signed by the Judge. If you do not have an attorney, just go to the court in person after your license is fully reinstated. Take proof of your reinstatement with you. The best time to find a judge in person is at 9:00 AM in the courtroom. You do not need to report to anyone in the meantime.See question
I was charged with a dwi in Texas I took the Fst but no blood or breath. A week before trial the prosecutor said they will dismiss my dwi charge for what i believe is interfering with police operations my name was taken off the list for jury ...
Typically what happens is that the DWI will not be dismissed until you plea to the reduced charge. If you refuse to plea to that charge, the DWI will not be dismissed and you will have to proceed to trial on it.See question
My boyfriend is in a county jail for attempt to commit burglary and evading arrest with SBI. He has 4 scheduled court dates with the same court appointed attorney and she never shows up just resets the date.He tries to call her but has no success....
An attorney cannot reset a case without showing up. There is no magic number of case settings before a case is disposed of (by plea or trial). An AVERAGE felony disposition time in Dallas for the types of cases you are describing is 6 months. First, the State is required to give his attorney all of the evidence in the case. Sometimes this part of the process takes a few months. After she has received and reviewed it all, she will be able to advise him of the strengths and weaknesses of the State's case and let him know what the State's best offer is at that point. She will likely not have any information to share with him until she has received the discovery.
I always explain to clients that, if they are willing to take whatever the State is offering, I can plea them out tomorrow. However, if they would like me to properly work the case and try to find a way to get it reduced or dismissed, or at least get the offer reduced if the State's evidence is strong, they are going to have to be patient and allow me time to do my job.See question