If 17 when charged with assault fv, but triad as an adult, can i carry a firearm? if somebody attacks me, and i kill them, what will happen in texas?
If I understand your question, you're asking this: "when I was 17 years old, I was convicted of an assault family violence. I live in Texas now. I want to know if somebody attacks me, may I use a firearm to defend myself (even to the point of killing my attacker)? Will it have been legal for me to carry a firearm?"
Your fact scenario presents two sets of questions. One has to do with self defense and the other appears to go to the question of whether you were able to legally carry a firearm. However, reading your two questions together, it sounds as if you're mainly interested in the question about whether you can legally carry.
To answer your question, I need to know more information. Are you on any kind of probation right now? If you are, what kind of probation are you on? Did you serve time on the offense (instead of being placed on probation)? There are a variety of Texas and federal statutes which apply and I need more information to tell you how they apply.
Until you get a clear answer to this question, do not carry a firearm.See question
Texas. The other night my girlfriend and I were in a vehicle on a dark empty street with no houses around and no other people watching. We were about to have a form of sexual relations that didn't involve intercourse when an officer pulled onto...
There are three Texas Penal Code sections to look at when answering this question.
First, the officer is hinting (by saying that a child could have walked by) that you could have committed the offense of indecency with a child, which is covered by Texas Penal Code 21.11. A person commits this offense if, with a child younger than 17 years old, the person exposes any part of his anus or genitals, knowing the child is present, with the intent to arouse or gratify the sexual desire of any person. This offense is a 3rd degree felony. Since you were on a dark street with no houses around, it sounds like the cop was threatening that a mountain might have been made of a mole hill, but has nothing to back up the threat.
The second statute is Texas Penal Code 21.08, which covers Indecent Exposure, a Class B Misdemeanor. A person commits this offense if the person exposes any part of his anus or genitals with the intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another person is present who will be offended or alarmed by his act. Given your facts, the officer has less than nothing to even threaten a mountain might have been made from a mole hill.
The last statute is Texas Penal Code 42.01(a)(10), which makes it an offense for a person to intentionally or knowingly expose his anus or genitals in a public place and to be reckless about whether another person may be present who will be offended or alarmed by his act. This is a Class C Misdemeanor. Again, given your facts, the officer has less than nothing to even threaten a mountain might have been made from a mole hill.
To sum up, the officer's threat was nonsense. For you to be in danger of an arrest on the charges you mention, there would have to be a witness. From the sound of it, your girlfriend isn't going to be that witness. The only other possible witness would have to be the officer, who didn't see your genitals.See question
I receiived a parking violation in 2006.They have listed this on my credit report.If I pay this ticket can I get it removed?Can they issue an arrest warrant?
You've asked several different questions here. Let me answer the first question first. A parking ticket is a Class C Misdemeanor. The statute of limitations for a Class C Misdemeanor is two years under article 12.02 of the Texas Code of Criminal Procedure. However, it doesn't sound like you really have a statute of limitations issue. Since you were given the parking ticket shortly after the alleged offense, the statute of limitations does not bar prosecution against you.
I suspect that what is listed on your credit report is the amount you owe the City of Dallas for the ticket (since the Municipal Court of the City of Dallas probably entered a judgment against you if you did not show up for court when you were supposed to).
It is beyond the scope of my expertise as to whether a credit reporting service will remove the parking ticket from your credit report if you pay the ticket. So, I don't have an answer for you there.
As to whether the City can issue an arrest warrant for you, the answer is "yes they can, and they probably already have." You can find out right now by checking this link: http://www.ci.dallas.tx.us/courts/current_warrants.pdf.See question
My 16 year old son was arrested for evading arrest in a motor vehicle. What is the maximum sentence if convicted/ adjudicated?
Evading arrest in a motor vehicle is a 4th Degree (or State Jail ) Felony so long as your son had not been adjudicated for that same offense before. Texas Penal Code section 38.04 (http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.38.htm#38.04).
The range of punishment for an adult who faces a State Jail Felony charge is not less than 180 days, nor more than 2 years in the State Jail Facility and up to a $10,000 fine.
It is possible that a juvenile court, hearing the case of a 16 year old child could waives its jurisdiction and transfer the child's case to a district court for him to stand trial as an adult. (Tex. Family Code 54.02 http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.54.htm#54.02). I think it is more likely that he will receive punishment as a juvenile. This can range from probation to, if his juvenile history warrants it, commitment to the Texas Youth Commission.See question
My son has recently been charged for food stamp fraud and we hav eno money for lawyer fees. Can he declare guilty and have a lite sentance.He has had a DWI in the past.
The charge for not declaring all income while on food stamps is usually either tampering with a governmental record (Texas Penal Code 37.10 http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.37.htm#37.10 ) or securing execution of a document by deception (Texas Penal Code 32.46 http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.32.htm#32.46). As you can see from either link, the range of punishment depends on the amount of the loss.
If your son wants a light sentence, he needs to get funds together somehow to pay restitution in advance. He should sell his car, borrow money, or get an additional job to get the money, but the prosecutor won't see his or her way clear to a dismissal if restitution isn't paid in advance.
I agree with Paul, if he can't afford a lawyer, he should apply for a court appointed lawyer. Either charge is likely to be a felony. If your son thinks that his career and job options were limited by a DWI conviction, then he will see just how much worse a felony conviction can affect him.See question