San Antonio Criminal Defense FAQs
Q. I did neither of those, my son vandalized school property and i spanked him on the butt and grounded him. He went to school the next day and said me and my wife beat him and the school called the police. They questioned us, I told them what happened. They arrested us and charged us. He had no marks on him that I ever saw or were ever shown in court, I had a court appointed lawyer who wants me to plead guilty that they would believe my son no matter what.
A. Based on the facts you present do not plead guilty. Under Texas Law a parent has the absolute right to discipline their child including the use of reasonable force such as spanking. If there are no physical injuries and no bruises or marks on the child you have not committed a crime. Often CPS and the DA fail to realize that you are a parent and as such have the right to raise your children under your beliefs and principals within the boundaries of the law.
Q.The grounds for the 11.07 shall be raised on the 14th Amendment, due process, also, wrongful/illegal conviction. In researching my case, I have discovered that the State did not follow the process of certifying a juvenile according to the laws established but the State of Texas. Tx Code Annotated, Family #2, section 11.01 to 58.00, emphasis on 53.07-Service of Summons. Therefore, if the State proceeds in charging and convicting said juvenile, such a conviction is illegal since said juvenile is, as a matter of law and fact, still within juvenile jurisdiction. My wife and family have purchased and sought out my juvenile case file and upon inspection by myself and certain lawyers. Needless to say, the file falls short of meeting the guidelines laid out by the state.
Q. Laid out by the state… However, so does my knowledge to proceed with the future of my case as well as the working thereof, Yet, my desire to keep my fight and challenge the State for my freedom is ever present. I wish I could file a writ myself but we both know that wishing wont get anybody anywhere This is my call to you, if you’re qualified to please help me.
A: The grounds for the 11.07 shall be raised on the 14th Amendment, due process, also, wrongful/illegal conviction. In researching my case, I have discovered that the State did not follow the process of certifying a juvenile according to the laws established but the State of Texas. Tx Code Annotated, Family #2, section 11.01 to 58.00, emphasis on 53.07-Service of Summons. Therefore, if the State proceeds in charging and convicting said juvenile, such a conviction is illegal since said juvenile is, as a matter of law and fact, still within juvenile jurisdiction. My wife and family have purchased and sought out my juvenile case file and upon inspection by myself and certain lawyers. Needless to say, the file falls short of meeting the guidelines laid out by the state….
If in fact the State failed to properly certify you as an adult you would have the basis of a 11:07 Writ of Habeas Corpus for wrongful conviction. I handled a case identical to your issue on an Appellate level where the trial court failed to give the properly notification on the certification hearing. The Appellate Court agreed with our position and vacated the certification and conviction. It was a sex offense. You may also have an ineffective assistance of counsel issue in your writ based upon your trial lawyer failing to pick up on the defect in notification and filing for an appeal. Matters are complicated when the juvenile court loses jurisdiction in the matter. Talk to an attorney who handles 11:07 writs. Most law firms like mine will give you a free initial consultation.
Q.I was charged with class C theft misdemeanor In November 2012. In January 2013, they told me that if I stayed out of the trouble for 6 months my case will be dismissed. How can I get this expunged? My main concern is how to clean this up from my record. How much the lawyers will charge to get it done and when can i get it expunged? Can you help me find a lawyer in Lufkin?
A: Under Texas Law a deferred disposition of a Class C misdemeanor, your six months stay out of trouble probation, qualifies you for an Expunction. An Expunction is a civil lawsuit filed with the District Clerk in the County where the offense occurred seeking a sealing of the criminal case. All law enforcement agencies and courts who have information regarding your case are served with notice of the Petition. It may take up tom six months to get your Order of Expunction depending on the County. Once the Order is signed by the Judge all the law enforcement agencies and courts that have information on your case are Ordered to remove that information from there records. This could take up to a year or more. Lawyers charged differently for their services. Contact some attorneys in your local area and discuss what they can do for you and what it will cost. Go with the attorney that you feel most comfortable with. Check the internet for local attorneys. Good Luck.
Q. An individual who has been charged with a crime needs an experienced criminal defense attorney, because ultimately that person’s life and liberty is at stake. They should hire an attorney they feel the most comfortable with because the attorney-client relationship is based on trust.
A. The worst thing anyone can do is to defend themselves in a criminal case without an attorney, because a lay person has neither the experience nor the knowledge about the law to do that successfully.
Q. Whether the person hired an attorney or one was appointed for them by the court will depend on their financial situation, because the court will appoint an attorney for those who don’t have the funds to hire an attorney themselves. Someone with sufficient income to hire an attorney will not qualify for a court-appointed attorney, or public defender, so they will have to hire an attorney themselves.
A. Not necessarily. Miranda is basically a mechanism whereby an individual in a custodial arrest situation cannot be questioned by police unless that individual had been advised of their constitutional rights, and any statement they make can be held as inadmissible. Miranda will only apply if someone was sitting in handcuffs being questioned by the police and the person confessed to their crime without the police having advised them of their Miranda Rights.
Q. A verdict of not guilty means the person went to trial and the jury heard all of the evidence. When a case is dismissed, that means the DA chose to not prosecute the person anymore for any of a number of possible reasons, including an unavailable witness, an uncooperative witness or evidence that just did not come through or was insufficient to support conviction.
A. This is a broad subject and there are many exceptions to the need for a search warrant under the law, although each case would have to be individually analyzed by the attorney to determine whether or not the search was valid.