I'm currently 35 weeks along, I stopped smoking about a week to two weeks ago. Yes, I am now fully aware that should my child test positive that CPS can take her. I am terrified to learn it's also now considered a felony. I have no record and have...
I may well be wrong on the current state of affairs, but at least fairly recently, maybe a couple of years ago, I know that there was case law saying that a mother could not be prosecuted for drug use while pregnant. I dealt with that in the criminal context a number of times, and about two or three years ago, I had a CPS case where I was representing a baby who was born positive, and the mom got charged with Endangering a Child. Sure enough, either she got no-billed or if she was indicted, the case eventually got dismissed. The law does change every so often, so again, I could be wrong, but while you might be arrested, I don't think you can be successfully prosecuted criminally.
As far as your concerns about CPS and your baby go, I can't advise you what to do, because I'm not your attorney. I can, however, tell you that I have found myself in the position of having to advise pregnant moms who have an existing CPS case based on drug use as to the best way to handle the possibility that CPS will try to take custody of their new babies. I have always told them that other than obviously ending the drug use, the most important considerations were that they show they really have done their best to take case of their babies prior to birth (continuing prenatal care, finding appropriate housing, getting the supplies the baby will need, etc.), and that they go ahead and put multiple plans in place before delivery in case CPS gets involved, to prevent the baby from being taken into state custody if possible. One such option is sometimes finding someone who's responsible and doesn't have CPS or criminal history to live with for a few months after the baby's born, which can in some cases make CPS feel more secure that another person is ensuring the baby's safe. Where that won't work, another idea for women faced with the possibility of having a baby put into foster care can be to find a family member or friend who would be willing to take the baby into their home and allow supervised visits long enough for the mom to show CPS she's drug-free and safe to have the baby in her own home.
I'm glad you're thinking this out before actually having your baby, because a lot of women do find themselves not at all prepared when CPS shows up at the hospital after the baby tests positive. Whatever happens, congratulations on your pregnancy and I hope you end up with a happy ending.See question
I am a minor so I want to know how much my parents insurance will go up if I get either of these.
The insurance premium should only increase due to anything you've done if there is an accident or if you actually end up with a conviction. The ticket itself is not anything but an accusation by the officer that you committed an offense and requiring you to come to court to resolve that accusation. If you hire an attorney to handle it for you, there is a very good chance that you will not end up with a conviction, and that would be the best solution both for your driving record and for your parents' insurance situation. Good luck.See question
Just trying to see if this is my weekend to get my son, I supposed to get him every 1st , 3rd and 5th weekend of the month..
Take a look at the actual language used in your particular order. They don't all read the same, but it's pretty unlikely that it says "first, third, and fifth weekends", because that would get into complications the first time it turned out the weekend that had the first Friday wasn't the same as the weekend that had the first Saturday—like is the case this month. To make things clear, the order will usually specify the weekends that start with the first, third, and fifth Fridays.See question
my mother died is her husband still my stepfather
First, I'm so sorry about your mom. I hope you're doing okay and have whatever support you need to get through this. If you're asking because you're a minor and are trying to figure out what's going to happen to you now that your mom's gone, that can get complicated. If your father or someone else shared custody of you with your mom, then legally, that person now has full custody of you and has the right to determine where you're going to live. Your stepfather wouldn't under normal circumstances have any rights along those lines, but there actually are some situations where he might be able to ask the court to award him custody (and of course sometimes things end up working out by agreement also). So if you're in a situation where you'd like to see that happen, see if your stepfather will at least talk with a family law attorney to see what the possibilities might be. Good luck.See question
I applied for certification for massage therapy in CA. On their website they say it takes 45 days without criminal record. I was brought to court for being in a park after dark when I was 18 and hitting a girl when I was 17 (no court for that one)...
Sorry, I have absolutely no idea. Partly because I don't specialize in administrative law, but even if if did, you're talking about something that involves a California licensing authority. Try reposting your question with your location being California (and with the subject area being administrative law, licensing and regulation, something along those lines), and you'll probably have better luck.See question
in 2015 i was arrested for assault on a family member, the family member that i got into the fight with did not want to press charges but the state picked it up. i sat in jail for months and was finally released on time served, i cant get a job to...
The original idea behind expunctions (in Texas, at least) was to provide a way for people who really never should have been arrested to begin with to get that arrest and any subsequent prosecution off their records. That's expanded a little bit over the years, but still, the only way you can have any kind of plea bargain agreement and still be able to get the records expunged is to get a dismissal following either a Class C deferred disposition or a pretrial diversion agreement. Anything else, whether it involves jail time, probation, or even just payment of a fine makes you ineligible for an expunction. So unless what you mean by "time served" is that the DA just got tired of dealing with your case and eventually decided to dismiss it (which is not what "time served" actually means), I'm afraid you're out of luck. Sorry.See question
I was at JCPenney shopping both hands were full, I saw a pair of sunglasses it cut my finger tip because the staple was sticking out I popped the staple off therefore the tag came off accidentally the price was still on another tag and JC Penney's...
I'm unclear from your post as to whether this is still an open court case. If it is, please make sure that you have a good attorney handling it, and make sure your attorney knows that you would like to end up able to later have the records expunged if possible. If the case is already closed, you're stuck with whatever the disposition was, and what happened with the case will determine whether you can do anything about your records.
If you ended up convicted of any offense at all (even if they reduced it to a Class C theft), you cannot ever get an expunction on a conviction. Also, the term "conviction" doesn't only mean being sent to jai. It includes some other things you might not think of, like time served, payment of a fine, or being put on regular probation. If you got and successfully completed deferred adjudication probation, or maybe even if you were very recently convicted (the law just changed on this last year), it's now possible that you might be able to get an order of nondisclosure, which would seal your records for most purposes. Either way, your first step should be consulting with an attorney who can help you figure out your best course of action. Good luck!See question
•Threatened.•Received a lesser plea deal which then lawyer quit on me without notice then d.a. Was replaced/removed which erased lesser plea deal which is what their accusing me of plagiarism because it was all in writing•Issued high risk warrant ...
I think you have formed some sort of incorrect impression as to what a change of venue entails. It has absolutely nothing to do with plea bargain agreements. The only way you'd get a change of venue is if for some reason it was deemed impossible to pull an unbiased jury from among the otherwise qualified residents of the county in which the crime occurred. There might be other circumstances which would justify it, but the only ones I'm aware of involve there having been substantial amounts of negative publicity regarding the case prior to the trial. A change of venue does NOT change anything but the jury and courthouse in which the case is held. The judge, prosecutor, and defense attorney all remain on the case and participate in the trial, and the pretrial proceedings all go just as they would otherwise, so the only difference is that they hold the trial in another county so that county's residents can serve as jurors.See question
A 2mg xanax broken into 3 pieces was found in a bag. I was charged with possession of a controlled substance and the degree was based on the weight of the pills. That is incorrect, right?
Nope. Xanax, or alprazolam, is very definitely classified under Texas law as a controlled substance. It's one of a long list of drugs included in Penalty Group 3, a statutory division of controlled substances. If you really feel like looking it up, the list is somewhere in Chapter 481 of the Texas Health and Safety Code. If you get caught with less than 28 grams of alprazolam or any other Penalty Group 3 controlled substance and can't produce a prescription allowing you to have it, you get charged with a Class A misdemeanor POCS (possession of controlled substance) offense. If you get caught with 28 grams or more, you get charged with some degree of felony POCS. One Xanax pill is way less than the number required to get you a felony POCS, but misdemeanor POCS would be the valid charge under those circumstances. You need to find an attorney who can help you with this.See question
All parties reside in Texas. I was just informed by my HIV negative friend that he had unprotected sex with a mutual friend of ours who is HIV positive. My HIV positive friend knew he is HIV positive yet he did not disclose his status to the mut...
The situation you've described isn't one where Texas law would consider you to be an accomplice to any crime I've ever heard of, assuming we are talking about competent adults. Your positive friend, on the other hand, may be in a different situation on that, but unless you somehow did something to facilitate all this, it sounds like you should be okay criminally. Ethically may be another story.See question