When assessing (enhanced) punishment in a class A misdemeanor case , does the judge have to assess both jail time AND a fine?

Yes the Judge can impose both fine and jail time. When dealing with misdemeanor enhancements the applicable section is Section 12.43 of the Texas...

My spouse emailed the court clerk telling the judge they signed the decree under duress, which isn't true.

The court could consider this as an answer that would invalidate the waiver of citation. It could also state that the case is no longer agreed....

Do step grandparents have rights in TX?

Your father could qualify for some access, but not your stepmother. There are difficult rules concerning grandparent access and you should seek out...

You should meet with a family law attorney to prepare an answer in your custody case. These types of cases can be difficult. In the meantime you...

Can violent felony convictions from 2003 enhance a new charge for interfering with an emergency call?

Yes it can be used. The Texas Penal Code Section discussing misdemeanor enhancements is Section 12.43 PENALTIES FOR REPEAT AND HABITUAL...

Can prior felony convictions for violent offenses be used to enhance a class C misdemeanor assault?

I do not believe that the former case can be used as an enhancement. The applicable provision in the Texas Penal Code is section: Sec. 12.43. ...

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Any party to a custody suit can request a jury trial. It is common to request a jury trial if the court appointed experts disagree with the...

My son was arrested for evading when he did not know it was a cop. He was charged with nothing else. Is that normal???

The officers would have to show that it was apparent that they were police officer. Additionally they would need to show that there was an actual...

If cps was called to my home and ruled everything out could i lose custody of my kids to their father

In a custody fight the judge or jury will consider all the evidence surrounding the child and the parents. The judge or jury will decide which...

What happens if I fail 1 drug test for marijuana while I'm currently on misdemeanor probation for Theft O/20 for services?

Your probation officer has some discretion in your case. You should meet with them as soon as you are able.