What to do if charged with a crime?

being charged with a crime is one of the scariest things, a person can go through. Person is arrested, handcuffed, place in the squad car, transported to the police station, then booked. Depending on the crime, the person will be released with a personal bond or be given a cash bond. if given a cash bond they must have an arraignment will be scheduled, and that will be considered the first appearance. It’s best to have a lawyer with experience to guide you through the process. The case can last anywhere between 6 to 9 months, or 1 to 2 years, and felonies can last 2 to 4 years. You don’t have to be scared, or your love one doesn’t have to be scared.

I believe in my clients and don’t back down from a trial. Call me if you or a loved one have a criminal charge. 713-714-7330

#DUI #dwi #attorney #criminaldefense #criminalcase #criminallaw #criminallawyer

Answering Avvo: What can I do?

Avvo.com is a website that people use to find lawyers. Lawyers usually find themselves on the site without even creating a profile, but are allowed to claim the profile at any time. Users submit questions anonymously and any lawyers can provide an answer.

Anonymous Avvo questioner: I bonded my husband out of jail and last minute another county put a hold on him and now he is in that jail and waiting to go serve tdcj time..so of course his court date for county I bonded him out on he will miss as he will be in tdcj and bond company still wants payment can I get a refund

Technically the husband is still “out on bail”. Many of these cases can last anywhere between 1-2 years. What you need to know is how much “time” does your husband have to serve. The county in which you bailed out the husband is important as well. Many counties are still allowing zoom conferences, and some courts are allowing the appearance of the defendant waived so long as the attorney shows up. Speak to an attorney or get an appointed attorney to see what the practice is in that county and court. The attorney is likely to ask for a continuance since the county is still gathering evidence.

You can ask for a refund, but you are not likely to get one since the bond company likely did all the paperwork with the court.

Answering Avvo: How likely is it for the state to pick up charges for assault?

Avvo.com is a website that people use to find lawyers. Lawyers usually find themselves on the site without even creating a profile, but are allowed to claim the profile at any time. Users submit questions anonymously and any lawyers can provide an answer.

Anonymous scenario: sisters got into a fight left nothing but scratches, police report arrested one of the sisters (college student no previous records or arrests) and charging her with assault even though no charges were pressed and she doesn’t want to press charges. will the state still pick up these charges? how likely is that to happen?

This is an Assault (Tex. Pen. Code § 22.01) case with a Family Violence (Tex. Fam. Code § 71.004) tag attached to it. The reason the sister was arrested is because the Texas legislature decided to pass a law that would hold police accountable for “acting as a referee” in domestic violence cases. We typically think of domestic violence cases as limited to spouses, or parent child relationships. The truth is that it can occur beyond those limited circumstances. (TX Family § 71.003) The law says if an officer believes an assault took place in a family situation, and doesn’t make an arrest, then the officer can be charged. (TX Crim Pro Art. 5)

The assault charge is a Misdemeanor A (Tex. Pen. Code § 12.21) with a max fine of $4,000, max jail time 1 year, or both. The family violence tag is an enhancement with different consequences:
No firearms
No license to hunt or fish
Looks bad in family court
Future/current employment

The defendant needs to get an appointed lawyer or hire a lawyer. Then get a private investigator to speak to the sister that doesn’t want any charges to move forward. There are documents that will allow the sister to state she doesn’t want to testify. The sister needs to express that to the prosecutor. The no previous record or arrest will be helpful.

Is .02% meth enough for a felony charge?

“a witness call police saying there was people doing drugs n truck no one was in the front of the truck”

“My boyfriend’s truck died so he left to go charge battery it was a hot day we have no AC so if a person was tired and decided to lay in the back of the truck bed which is completely separate from the truck doors were not locked do not have the keys to the vehicle my purse was in the back seat and my phone was charging but the cord was going to the back seat with those reasons the my purse being in the car are those good enough reasons to arrest a person that was sleeping in the back of the truck because a witness says there was a female shooting up in the front of the vehicle a blond female I’m not blond they ran my name I had no warrants they search me no drugs on me no drugs in my purse but they said because I was the only one around the vehicle at the time it wasn’t my vehicle but they found a needle on dashboard of the truck they tested it it said it was not heroin that it was brown liquid which I assume that it would be blood but they said there was 0.2% of meth in the brown liquid can they charge under a gram when it was not a syringe full of meth it was a syringe with brown liquid I assumed would be old blood wouldn’t that be a paraphernalia ticket”

My Answer:

Your main question seems to be: wouldn’t drug paraphernalia, a Misdemeanor C, be the correct maximum charge? The answer is no. Based on the information you shared, meth was found. Meth is a controlled substance in which any amount will result in a charge that can lead to incarceration if found guilty.
It seems you provided a fact situation with the intent to ask whether the police were justified in the lead up to the arrest. What a lawyer will do is review the 911 call, then the body camera video to see if the police had reasonable suspicion to search the car. If the lawyer believes that the police did not have reasonable suspicion, then they have the option to file a suppression motion. If the judge finds there was enough evidence to allow a search then the case will continue.
Often during pre-trial, the lab results will come in before any media evidence. Your lawyer may not have enough to perform an evaluation. If they do, and they have gone over the evidence with you, then request another meeting to have them explain your options.

Why you shouldn’t just pay the fine on a traffic ticket

It happens to the majority of people. One day you are driving to your destination, then out of seemingly nowhere you are stopped by the police. For some the police flash the lights behind them. For others the police are in the road pointing to you, and signaling to pull over. The moment is disturbing, and makes your heart sink. The officer comes to your window and ask some kind of information. Then they tell you that you have committed a crime, a traffic crime. They give you a ticket, and send you on your way.

Many people in this situation feel lost because they feel like whatever the officer said is wrong. The officer made a mistake, but the ticket says you have to go to court. There is one huge problem, the court date and time is inconvenient. You don’t feel guilty, but you feel like going to court will be a big hassle. Now you are faced with a dilemma, do you go to the court, plead not guilty, get a new court date, and suffer a massive inconvenience, or do you just pay the traffic ticket and go on with your life.

On the one hand, getting on with your life sounds good. Paying a traffic ticket doesn’t usually ruin a reputation. So what is the big deal about paying the ticket? The answer is the consequences that are not seen. The first consequence of paying a ticket is that you are pleading guilty. That means you have a conviction on your record. If the ticket is a moving violation there can be problems you didn’t think about. Your insurance company can raise your rates. The conviction can affect your rates up to 3 years. Also, you get points toward suspension of your license. Recently, Texas changed the laws to get rid of surcharges, but that doesn’t mean they changed it so that you don’t get your license suspended. Accident tickets carry higher points then regular moving violations. One stop can produce three tickets. That means your license can be suspended immediately!

The Solution

The solution is to hire a lawyer. A lawyer can help you navigate the muddy waters of the court system. A lawyer will review your case to see if there are any mistakes on the citation or the complaint. A lawyer can review the video to see if the officer didn’t follow the law during the stop. All of these things can lead to a dismissal. What if there is nothing wrong, and there is no reason to dismiss? A lawyer will work with the prosecutors to keep your record clean. However, some prosecutors will not offer good deals, or any deals. In these cases, a lawyer will act as a zealous advocate in a jury trial. Some people go to trial on their own behalf, but fail to realize that the court will hold them up to the same knowledge level as a lawyer. So when the try to introduce evidence, they fail to enter it properly and the judge grants the prosecutor’s objection. A lawyer will know the correct way to enter evidence, giving you the best possible opportunity.

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