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Richard Martin P. Canlas
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Richard Canlas’s Answers

30 total

  • Can I remove a class b mists minor

    When I was in high school a friend of mine took and I pod from a teacher and told me to hod it with out me knowing it was stolen and I got taking to jell because I had it In my position

    Richard’s Answer

    You need to disclose more facts related to the final disposition of your case. If the case was dismissed or you were found not guilty you might be eligible for an expunction. If you were placed on community supervision and successfully completed a deferred then you might be eligible for a non-disclosure order.

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  • 1st time offence- was charged with assault, it was a misdemeanor. if i am found guilty in court what could my punishment be?

    will pre-trial diversion be an option for me? since i have never been in any kind of trouble before

    Richard’s Answer

    If you are found guilty the punishment range is up to 1 year in the county jail and/or up to a $4,000 fine, or probation (community supervision) up to 2 years.

    Pre-trial diversion may be an option, but not after you are found guilty. A PTD is possible through pre-trial negotiaion.

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  • What could be the sentence for murder during grocery store robbery?

    If a person shot a person while committing grocery store robbery, what could be the sentence for this?

    Richard’s Answer

    Standard murder has a punishment range of 5-99 years or life in prison. The person is not eligible for parole until actual time and good time earned is half the imposed sentence. However, the case may be filed as a capital murder because the killing occurred during an aggravated robbery. Capital is punished with automatic life in prison without parole unless the govt intends to seek the death penalty. Then punishment is death by lethal injection.

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  • What happens when a assault case is dismissed?

    they said it was a class a misdemeanor

    Richard’s Answer

    When "dismissed" the prosecution of the assault is over at least for the time being. Misdemeanor assault has a 2 year statute of limitations. This is the time frame the State is allowed to prosecute the case. The reason for the dismissal determines if the case can be refiled. Assuming the State is not barred from further prosecution it may re-file the case within the 2 year period from arrest. If the State fails to do so then they will be barred from further prosecution. Generally you must wait for the period to expire, before you are may be eligible to Request Expunction. Until then, your records of arrest will remain public. An expunction is an ORDER by the Court to collect and destroy the records.

    You should consult with a lawyer if you wish to expunge your records.

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  • Why am i coming up convicted felon

    Iwas put on deferrd adjudification and completed the probation early

    Richard’s Answer

    Assuming your only arrest on a felony is for the completed deferred adjudication you refer to in your inquiry, you should not show up on public records as a convicted felon.

    You should check with your previous lawyer, hire a lawyer and/or review your records on the disposition of your case. Many counties, like Montgomery County, do not automatically discharge you from community supervision and dismiss your indictment. You may need to hire a lawyer to review the records of your case, move to have the community supervision discharged and the indictment dismissed.

    You may also be entitled to a non-disclosure order to seal the your records assuming the underlying offense qualifies. Most felonies require a 5 year waiting period after discharge and dismissal. The non-disclosure order will assist in hiding your case from most of the public. Certain government agencies will still have the right to access your records, but some protection is better than nothing.

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  • I was arrested for possession of a controlled substance in 2007. I just successfully completed my deferred adjudication this

    month, and my case was dismissed. I am a teacher and am in need of a new job. I am wanting to get an order of non-disclosure, to make it easier to get a teaching job. Is my case eligible right now for non-disclosure, since it was a felony? Or i...

    Richard’s Answer

    Generally speaking there is a waiting period on felonies. The default waiting period is five years after you are discharged from community supervision and the case is dismissed.

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  • I live in TX & cops won't give me my pistol & gear bag back

    My husband & I were having a disagreement & he called the cops after I walked away. Cops came later & arrested us both.They broke into camper top of truck w/o probable cause confiscated my pistol in gear .Court threw out the case.How do I get my p...

    Richard’s Answer

    First if you had a lawyer for the underlying case, you need to contact that lawyer. Second, what was the reason for the dismissal, ie. was weapon forfeiture part of the agreement? If there is no pending case against you or a civil forfeiture to confiscate the property then you may request the Court to Order a release of the property back to you. This is generally done with a written motion and order describing the property, proving ownership, and the reasons for its return to the owner.

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  • My daughter has court Jan 10, 2011. For Disorderly Conduct (threat) Shes 11 years old. Need help.

    Her friend wrote her a note in class saying "i hate you" My daughter wrote back "i hate you" then the little girl wrote back "i hate you , you hate me, lets get together and kill Ben" ( Ben is my daughters boyfriend) My daughter gave the note to h...

    Richard’s Answer

    It always best to hire a lawyer. If your daughter is found by a court to be a juvenile delinquent, the equivalent of criminal conviction for adults, then she will have a juvenile record.

    Your daughter needs an advocate in court to persuade the prosecutor and/or court that this particular incident is not worthy of prosecution and/or there is little proof.

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  • What is the process of getting a family violence that is a Class A misdemeanor expunged from your record?

    When I was 14 years old my mom called the police and falsely accused me of assaulting her.I would like to get that case expunged from my record.

    Richard’s Answer

    Juvenile law does not have an expungement procedure, but it does have sealing which operates almost in the same manner and is easier to qualify. The main requirement is your age now and your history since the incident. The orders may allow you to deny the incident and once signed the public will have no access.

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  • Felony third degree how long before it can be expunged in TX?

    In 2008 I was arrested will tampering with evidence a third degree felony. It never went to trial in 2009 it was dismissed. So my question is, Is this on my criminal record and if so how long before I can get it expunged or can I even get it expun...

    Richard’s Answer

    Your arrest for the tampering 3rd degree felony will still show on the law enforcement data bases (TCIC/NCIC). If a charging instrument such as an indictment was filed or if you were ever brought to court, the records of your case remain public with the District Clerk. Since your case was dismissed in 2009 you may be eligible for an expunction 3 years after the date of your arrest.

    You need to consult with an experienced attorney regarding the specific facts of your case.

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