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In 1996 my husband got unlawful posession of firearm by felon State not Federal, the Indictment states 3rd degree felony he had an attorney who was to get him 6 years when he went in front of the judge he recieved 18 years, it went from 3rd degree...
They have to give notice of enhancement and ordinarily must allege it in the charging instrument then provide proof of the truth of the enhancement allegation, and in some settings prove the underlying factors and that some appellate ruling or law change has not occured that vitiates (kills) the legal effect of the enhancement offense. It might also be the product of Federal Minimum Sentencing Guidelines. Also, in a plea bargain situation, NOT when going to the Court without a recommendation, if the Judge doesn't accept the plea bargain, then the Defendant is allowed to withdraw their plea and renegotiate or to set the case for trial. If you go with out a rec, then the Judge is only bound by the statutory punishment limits as they may be expanded by a proper enhancement paragraph, and the proper excercise of their discretion. You're literally throwing yourself upon the mercy (and there may be precious little of that available) of the Court.See question
I was involved in a 3 car collision accident earlier this month. This was an unavoidable accident but of course I still received a citation from the officer handling the accident. I must appear in court for the violation and the officer also lied ...
Let them eat civil lawsuits! This is a criminal matter, and you need a criminal attorney for it.
Nothing wrong with cooperating with the insurance defense lawyer the insurance company hired to represent you (mostly to represent it) but they should not be the lead here. Criminal law is not their bread and butter. They may know some, or even a lot about it. But knowing about it, and doing it all day nearly every day, are two very different things.
There are different standards of proof, different discovery rules and considerations, different rules of procedure, different legal concepts involved. Your criminal attorney must be adept at navigating through all of this at flank speed, not hesitatingly or unsurely.
Lastly, be VERY careful what you say, write or post about this. Social media is discoverable. Period. Saying it was unavoidable may be tantamount to admitting that you were following too close. Mum's the word, except to someone you have hired to represent you. Hire that person, with all due consideration and dispatch.
I'm not sure whether it's considered traffic or something else. Thank you.
It is both a civil infraction and a criminal one, if they want to follow both trails.
Civil. You used our sacred tollway. You were required to pay. You didn't. Now we gotchu. Man are your going to be sorry! We're tagging you for the tolls, service fees, collection fees, hearing fees. witness fees. A TON of money. Way way WAY more than if you'd just paid them in the first place. We may be talking thousands of dollars. Ugly.
Probably filed as either failure to pay toll (a very mild form of 'theft of service') or as "drove on tollway when prohibited." A species of failure to obey traffic control device.
Do yourself a favor: Hire an attorney who specializes in Class C crim. or who is used to fighting the Toll Road Authorities, depending on how they are coming after you.
my husband is in jail and another inmate came to my husband saying that another person confessed to him of the crime my husband is being accused of. the fellow inmate told my husband he would do a witness statement if he could but he is under the ...
A person with a criminal record is not disqualified from testifying. How much credibility his testimony is afforded may be affected. Denial of criminal history, or a prior conviction for an offense involving dishonesty or other species of moral terpitude call the truthfulness (veracity) or believability (credibility) immediately into question. So the offer may not be as valuable as it first seemed. However, if it prompts the DAs to give a hard look at the other guy, you're already money ahead. If they find out, with high confidence that "other guy" did the crime, or better still confesses to it, then your Husband walks, in all likelihood.See question
I believe the law states a defendent shall be brought to trial within 180 days of arrest.
No it isn't speedy trial. HOWEVER . . . letting the evidence trail go cold for 180 days is plain dumb. You need to get an energetic, aggressive lawyer involved and start evaluating their case, pronto. Exculpatory evidence may exist now, but not by the time they call her into Court. You need to drive this process, not be driven. Say "Michael Morton" to your new attorney. Tell 'em its time to light the fires and spin the tires. Let him assert her Right to a Speedy Trial, consistently, at every opportunity.See question
I picked up my arrest report today and it had the wrong address of where the incident took place. They had it down for an address that was all the way on the other side of my townhome subdivision. Can I bring this up to the judge or is it better ...
Let me agree with Mr. Potter. The determining factor is whether you were in ANY public place there in Montgomery County, not what the address was. But I do differ with him as to the effect of putting a PI on your record. If you plan to make anything of your life, or stay up on the step, then you have to fight this. You will definitely need an attorney with ample experience in contesting such matters. Somebody with lots of trial experience.
Think how a potential boss, or HR, or a landlord or bank will see such a conviction. It fairly SCREAMS "This person has a substance abuse problem!". This person is trouble. They aren't going to look behind the entry. They don't care. Their job is to keep people who are, or sure sound like they are, liabilities out of their mix. You are always going to get the short end of the stick. You are up for promotion. Charlie or Susie- Marie is also up for promo. You have a PI. They don't. Guess who gets it. You owe it to yourself to put up as stout a fight as you possibly can.
My friend has a few unpaid tickets but is not worried about paying them because her car is in her fathers name who passed away 2 years ago. I've said she should put the car in her name & pay tickets before she's towed, maybe arrested or have her i...
Yes indeed she should be worried. By now the registration and inspection are out. That makes the car a ticket MAGNET. She probably doesn't have insurance either. There are likely WARRANTS out for her arrest.
Evidently she wants a nice used, stinky wardrobe comprised of a single street hemi orange (baggy) top and bottom. The car not being in her name is no bar to arrest, whatsoever. If she has a wreck (her fault or not, doesn't matter), or gets stopped for a traffic infraction, she will go inside. No ifs or ands, no second chances. Hard to live the life, up in there.
She needs a bondsman AND an attorney. She needs to post bond, and pay the OMNI fees - $30.00 per moving violation. Then the cases are no longer delinquent, she will get upcoming court dates, and can try to keep the insurance she is just about to buy, by fighting all the cases she's now facing. Paying insurance cases or moving violations will generate points or maybe surcharges on top of the fines and costs. Did I mention she needs an attorney?See question
Driver issued ticket shows no phisical address defendant,just street name, Last name. DOE. First name. JOHN home address LINDA DRIVE. City. HOUSTON, state TX, zip88888
As usual, it depends. If he presented no id info/documentation and did not tell the officer(s) who he was and where he lived, he can be cited for Failure to Identify. TPC 38.02 It's a Class C case unless he gives false info or has been tagged for this already. So on the face of it, committing a new offense in the hope that it will lead to a dismissal of another case sounds like a bad bargain.
If the officer WAS presented with all the info, orally or via documents, and elected to put patently false and incomplete info into the citation, and you can prove it, then yes, the shoe will be on the other foot.
But it sounds like this was a poorly conceived strategy.
You will definitely need the services of a top flight attorney to beat both the underlying case, and one that may be waiting right around the corner.
A friend has a couple unpaid tickets in Oklahoma and a warrant has been issued. He is able to renew his suspended license in April. Will they let him or will he need to take care of the tickets first?
No he can't renew his license here in Texas without at least posting bond in OK. There is something called the Violator Compact which requires a State where a foreign licensee gets tickets to tell the home state about it. It is treated the same as if he'd gotten them here and blew off the court. Not going = REAL BAD. Next his license will be invalid. 3 stops for DWLI (driving w/ license invalid) and his clothes turn orange and his living space becomes very small indeed. The former advice is also true, but an arrest is unlikely, unless it is made in connection with a more serious matter, due to the logistics involved and the expense of detaining him.See question
I got a ticket in Colorado County Texas in 2009 for going 16-20 miles above the speed limit. I was young, dumb and ignored the ticket. Now there is a failure to appear charge of $434.20 and the fine of $301.60. I cannot renew my license until I t...
Depends primarily on what kind of license you have. If you have a CDL then you need to post a bond and hire an attorney. If not then. unless you already paid 3 moving violations and this would be 4, or includes an allegation of Failure to Maintain Financial Responsibility, you wallet will be lighter but there would be no other lasting effect. If paying this creates 4 moving violations over a 12 month (any 12 month) period, then The Department will come after your license as a habitual violator. The fact that it was years ago will not protect you.
If it includes a FMFR (no insurance) you have to post bonds and fight it. Those NEVER go off your record and two . . . ever. . . will cause (guess what?) The Department (of Public Safety) to come after your license for up to a two year suspension. But if neither of these scenarios apply, then you COULD, could, mind you, "just pay them". Or hire an atty to try to negotiate them down.