Can I still get felony prison if I failed misdemeanor probation for a totally different crime?
It is possible to get probation on a felony charge if you have a misdemeanor conviction. If a person has never been convicted of a felony in Texas or any other state, he/she is eligible for a felony probation. Texas probation can be a deferred probation (no conviction) or straight probation (convicted but not sent to prison). A misdemeanor conviction does not impact probation eligibility, unless the misdemeanor is from another state and the elements of the offense are the same as a Texas felony offense.See question
My friend is in Tarrant county jail, he's been there for over 2 1/2 months now, we're waiting in indictment, but they sent the stuff he had in him to the lab, and they said that's why it's taking so long... How long does this usually take? No cour...
The basic options for any probationer at this point are (1) revocation [thus, conviction], (2) plea to the new drug case and combine them into one probation, (3) go to inpatient drug treatment while continuing probation. The petition to proceed to adjudication would likely be dismissed if your friend ends up with the second or third option. Possession Under One Gram is a State Jail felony. The range of punishment is a minimum of 6 months up to two years in State Jail.
The prosecutor will not present the case to the Grand Jury without the drug's lab report. Usually the lab work is completed within 4-5 weeks. Texas DPS lab can take at least twice that long. What do his options look like, you ask? It is hard to say because no two probation revocation facts are the same. The judge, probation officer, prosecutor and defense attorney will consider whether he has been a productive member of society while on probation. They will all look at long he has been on probation already, what other probation terms and conditions has he violated, whether he has been using drugs while on probation Then it depends on which judge and prosecutor are involved. Unfortunately, an arrest while on probation is considered a strong violation of the probation in every judge's mind. If his drug of choice is methamphetamine, he would need lengthy drug treatment, since the methamphetamine nowadays is incredibly potent. Your concern and support means a great deal to your friend, I promise you that. Hopefully his attorney has visited him in jail. But your friend can always send his attorney letters to communicate his questions and concerns.
My mom was going to work at 3:20 am (she works from 4am-12pm) and a Yukon went down the Wrong way on the George Bush turnpike hit (driver if this car was Intoxicated too) a car , the car was stalled on highway and ended up being 2 crashes (both dr...
This is the wrong forum for your question. You need to consult with personal injury attorney.See question
My 17 year old son and a friend were arrested for evading arrest. Another friend and his girlfriend were arguing outside, and my son and the friend were attempting to break up the argument/fight. The police were called to the apartments and when t...
The charge is actually "evading arrest or detention." Thus, to answer your question, the police may attempt to detain someone during an investigatory detention. If police investigate potential criminal activity, it would be wise to stick around.
Depending on your household income, your 17 year old son may qualify for a court-appointed attorney. You/he can also hire an attorney. If charges have already been file and your son has a case number, talking to the officer will be futile. But your son will find the Tarrant County District Attorney's Office here has a diversion program perfect for his situation. There is an application to complete, which a defense attorney can provide. If your son is accepted, it is possible to have his arrest dismissed. Upon dismissal he could seek to get it erased from all records via an expunction. But the expunction requires a defendant to be proactive in filing for an expunction. Best wishes!See question
So i got caught shoplifting which i know i should not do, it was under $50.
I cannot see how your juvenile could affect your parents' jobs. You are charged with a class c misdemeanor. You can pay a fine and plead guilty. But that is a bad move - it would leave you with a theft conviction. The better choice is to do community service and/or sign up for on a deferred probation. End result: no conviction. Talk to a criminal defense attorney who handles tickets.
Whether you do community service or a short deferred prosecution or deferred probation, you should be able to expunge this arrest shortly after your case is resolved. "Deferred" is another word for postpone. If you plead no contest, the judge will defer finding you guilty. (Guilty = a conviction.) If you successfully complete the community service and/or deferred probation, you will not have a theft conviction. Even though this is a small case, avoid a theft conviction at any level. Every job application asks if you have ever been convicted of a crime! But if you complete your deferred probation, you can seek to get the arrest erased forever from your record. This is the expunction.
I will also suggest that comments from out-of-state attorneys just aren't relevant. Focus on information from Texas and particularly Tarrant County attorneys.
Best wishes.See question
My Friend needs to know the address for her appointed lawyer but the jail didn't give it to her.
Google Texasbar.com and the lawyer's full name. This is the State Bar of Texas website. You will always be able to locate any licensed Texas lawyer.
We defense attorneys are members of the Tarrant County Criminal Defense Lawyers Association (a/k/a
TCCDLA). Find the phone, email, office address and website link for any criminal defense attorney in Tarrant. at. www.TCCDLA.com/memberlist.aspx. Select the last name of your lawyer to find his/her listing.
Note that today is a holiday (Cesar Chavez) in our county.
can i vote n tx if i have a 3dui n tx.can i every get it reduced to a misdemeanor if it is over 26 years old?
Quick answer: No and No.
The third DWI in Texas would have indicted as a 3rd degree felony. If you resolved the third DWI with a plea agreement or if you were convicted by a jury, you have a felony conviction. (There is no deferred probation for any DWI.) A convicted felon does not have the right to vote in any election in Texas. You cannot get any of your cases reduced, even if 26 years ago. There is a 30 day window from the date of the plea or conviction to appeal your case. I am sorry I could not give you a more positive answer.
Falsely accused my a store and report was sent to police department for investigation of theft. The detective let me know already we are not at fault. This being after interrogation and home visit. Waste of time it was stressful and more embaressi...
The is a question of civil law, not criminal law. Talk to a civil lawyer.See question
My cousin (22) and I (16) went to Walmart and stole up to $123 worth of things. I had a bag that we put the stuff inside of. We got caught before we left. They said it was on me (16) because I had possession. So she got off easy. They said because...
First of all, you said you were stopped before you left the store. Where exactly were you stopped by Walmart personnel? Were you stopped (1) in a department within the store, (2) at the register, or (3) were you in the area where Walmart stores the shopping carts? A defense attorney can explain why your answer is significant. How you handle this charge will directly effect whether you can get this erased from your criminal record in the future. You asked about paying a fine. Please talk to an criminal defense attorney before you ever pay a "fine." There are significantly negative consequences if you pay a "fine!See question
My dad got a DWI he got probation for a yr and they told him he wouldn't get his DL suspended but we don't know who to contact to see when and where he can get it back
Drivers license status can be check with Texas Department of Public Safety. Go to www/TXDPS.state.tx.us. Click on "Drivers License" on left side. It will provide you with further information regarding the status of your dad's DL. There are reinstatement fees, surcharges, perhaps a interlock device that are handled at DPS, not the criminal court where he pled to the DWI. Just be sure you are on the exact site listed above if you ever pay TXDPS any fees online. There are scam artists whose sites sound like they are government agencies but are just stealing your debt card info and identity. They often show up on Google's page one - even higher than the legitimate TXDPS.state.tx.us website.
When there is an arrest for DWI, a driver faces 2 DL suspensions in 2 different courts. So his DL may not be suspended by the ALR judge but could be suspended with the criminal court. Sound confusing? It is! Many of us defense attys handle all of these DL issues daily. So you might want to consult with a DWI defense atty in Houston to get his DL back. Harris County has some tremendous lawyers in this area of law.See question