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Rosario Stornello

Rosario Stornello’s Answers

118 total


  • Do you have to plead guilty at the arraignment hearing to be eligible for deferred prosecution or deferred adjudification in Tx.

    Texas State Felony Theft - Fenced as found out by the charge stolen property.

    Rosario’s Answer

    No you can accept a plea bargain for deferred adjudication at anytime. Once you have fired an attorney they can plea bargain with the State and get them to offer you deferred adjudication probation

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  • I have a state jail felony on my record and I want to get it expunged. Can I get it expunged?

    It was a evading arrest with a motor vehicle felony. I did 18 months state jail time. I heard that if you have no felonies within 5 years preceding the arrest that you are eligible for expunction. I have no other felonies within 5 years preceding ...

    Rosario’s Answer

    You have a final conviction because you did 18 months state jail. Final convictions can not be removed from your criminal record ever. In Texas a person can file for an expunction of a case that was dismissed or that they were aquitted of. A person can seal a record if the successfully completed deferred ajudication probation.
    However if you serve jail or prison time then it is a final conviction and can not be removed from your criminal record

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  • What are the consequences of Assault On a Family Member that was an ex girlfriend?

    My friends, ex girlfriend filed these charges on him last year, mainly out of spite, not because he hit her, however she said he did. He is now in jail for this and does not want to plea guilty, so they have reset his court date twice now. I am wa...

    Rosario’s Answer

    In harris county once you bond out the court usually requires you truy to hire an attorney. Your friend definately needs to hire an attorney that is able to take his case to trail. If he is innocent of the crime he should not take any plea bargain. The would require him to plead guilty andf the this would remain on his record for ever. He needs to talk with an experienced trial lawyer about fighting this case.

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  • Im am being charged with aggravated assault but when the altercation happend it was in self deffense

    me and my partner got into an fight and i broke a piece of glass and swung it and it sliced him in the neck but at the time he was beating me and hitting me as soon as i cut him he stoped and i took him to the hospital and i left because i was tr...

    Rosario’s Answer

    You need to hire an experienced criminal defense attorney. When you hire an attorney they will read the police report and then go over all of the facts and law with you.

    Generally the law says, a person is entitled to use non-deadly force to defend against the use of non-deadly force against him. A person is entitled to use deadly force against the use or threat of the use of deadly force against him. A person is NOT entitled to use deadly force against the use of non-deadly force - generally - unless there are more facts.

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  • I am 40 years old men a women about 35 years old said I touch her in gym pool what can I do?

    she call police in gym.

    Rosario’s Answer

    Consult an attorney

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  • My boyfroend has a pending burglary of habitatopn charge i reported that but he didnt do anything my cousin is the one.

    i called the police and reported that someone broke into my house and robbed me and to find out it was my cousin but my cousin got caught and told the police my boyfriend did it now my boyfriend in jail for that charge what should i do?

    Rosario’s Answer

    Hire him a good criminal defense lawyer that practices in fort bend county

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  • My cousing was convicted for a sex offense more than 15 yrs. ago. because the girl was underage not for any sexual assult.

    he was embarrased to register as a sex offender therefore did not complied w/his probation. now he is serving a 6 year sentence for this crime; for not reporting to his probation officer,not registering as a sex offender; just because the judge wa...

    Rosario’s Answer

    Your Cousin needs an attorney to represent him at his parole hearing.

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  • HOW LONG CAN YOU BE IN JAIL FOR EVADING ARREST/DETENTION?

    I JUST WHAT TO NO HOW LONG CAN YOU GET IN JAIL FOR EVADING ARREST/DETENTION?

    Rosario’s Answer

    Evading Arrest/Detention is found in Section 38.04 of the Texas Penal Code and can have a variety of possible punishments depending on the facts of the case.

    The most common is a class A misdemeanor. A class A misdemeanor is punishable by up to 1 year in county jail and a fine of up to $4000.

    If you evade and use a motor vehicle or have been convicted of evading arrest in the past then It is a state jail felony. A state jail felony is punishable between 6 months and 2 years in a state jail facility and a fine of up to $10,000.

    It is a 3rd degree felony, if: 1) the actor uses a vehicle while the actor is in flight and the actor has been previously convicted of Evading Arrest/Detention; or 2) Another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.

    It is a 2nd degree felony if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.

    A 2nd degree felony is punishable between 2 and 20 years in prison and up to a fine of $10,000.

    A 3rd degree felony is punishable between 2 and 10 years in prison and up to a fine of $10,000.

    There may also be a driver's license suspension that you need to consider upon conviction.

    Obviously, without knowing more facts, it is difficult to say exactly what information you are looking for, but hopefully this helps.

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  • Working overeas / DUI not guilty?

    I want to teach overseas and have a not guilty DUI 2 years ago, will it show on a criminal history report ( will it still show an arrest)? Please let me know! Thanks

    Rosario’s Answer

    There may some options for you. Take a moment to fill out a contact form on our website via the link below and we will give you a call.

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  • Can I get off probation early?

    I'm on probation for Agg. Assault w/ deadly wepon family member. I've completed 22mo of 36 months given. All my fines, court cost and classes have been done. Can i get off probation and will it be expunged?

    Rosario’s Answer

    Yes it may be possible to early terminate your probation. Speak to your probation officer and see if they are in favor of it then hire an attorney to file the motion and argue on your behalf to the Judge.

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