Claimed Lawyer ProfileQ&A
Nueces County v. Ferguson, 97 S.W.3d 205, Tex.App. - Corpus Christi, 2002 (No. 13-02-230-CV); Counsel for Appellants
Soliz v. Nueces County, 134 S.W.3d 298, Tex.App. - Corpus Christi, 2003 (No. 13-02-197-CV); Counsel for Appellee
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29 Questions Answered
- Q. Im a County Corrections officer in the State of texas. As such, can I execute indictments in my jail as per CCP chap. 231?
- A: The section is 2.31 of the Code of Criminal Procedure (not 231). The question as posed, "executing indictments" is confusing. Regarding indictments, Art. 25.01 provides as follows: "In every case of felony, when the accused is in custody, or as soon as he may be arrested, the clerk of the court where an indictment has been presented shall immediately make a certified copy of the same, and deliver such copy to the sheriff, together with a writ directed to such sheriff, commanding him forthwith to deliver such certified copy to the accused." Thus the "writ" is the mechanism permitting the Sheriff to deliver the indictment to the accused. Art. 25.02 outlines how the service and return of the indictment are made. I hope this helps.
- Q. Punishment for child sexual abuse?
- A: In general, Sections 22.011 and 22.021 of the Texas Penal Code provides the range of punishment. Section 22.011 is entitled "Sexual Assault". Subsection (c)(1) defines "child" as a person "younger than 17 years of age." Depending on the specific facts, an offense under Section 22.011 is either a felony of the first or second degree. [First degree felony punishment]:(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000. [Second Degree Felony Punishment]: (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for a term of not more than 20 years or less than 2 years.(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000. An offense under Section 22.021 entitled "Aggravated Sexual Assault" provides that an offense under this section is a first degree felony. However, if the victim is younger than 6 years of age at the time the offense is committed, or if the victim is younger than 14 and the offense is committed in a manner described under subsection (a)(2)(A) then the minimum period of confinement is increased from 5 years to 25 years.
- Q. How can I see if someone has a criminal lawsuit filled against them or their former business? Thank You
- A: I think you mean "civil" lawsuit (not "criminal" lawsuit). A criminal case generally begins with an indictment and is brought in the name of "The State of Texas". If you are looking to see if a civil lawsuit was filed against someone or their business, you will need to check with the Clerk's office in the county where the person or their business is located. Most counties have this information available online.
- Q. My son was in prison for 5 1/2 years he was released on parole he completed this june can he apply for expungement
- A: Based on those facts, this was a conviction. Pursuant to Article 55.01 of the Texas Code of Criminal Procedure, unless he was pardoned, he cannot apply for an expunction.
- Q. Is there any Acts or Bills Relating to Corporal Punishment?
- A: Two recent bills in the Texas House: HB916: http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB916 HB359: http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB359
- Q. I had a forgery case and received deferred adjudication. The case is out of conroe, texas. can i get it expunged/sealed?
- A: No expunction under Article 55.01 of the Code of Criminal Procedure. You may be eligible for what is generally called a "deferred adjudication order of nondisclosure" pursuant to Texas Government Code Section 411.081.
- Q. In the state of Texas is it "evading" police by turning your hazard lights on and drivng at a slow speed.
- A: The Texas Penal Code Section 38.04 entitled "Evading Arrest or Detention" provides: (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him. The ultimate issue is "intent". The Texas Penal Code 6.03(a) further provides: A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
- Q. Can i get arrested for driving with a suspended license?
- A: Yes. It is a misdemeanor offense.
- Q. Can the reduce a POSS CS PG 1 <1G charge to a misdermeanor?
- A: While anything is possible, it is not probable that a District Attorney's office will reduce a felony (in this case a state jail felony) to a misdemeanor. For first time offenders, you may be offered deferred adjudication on the felony offense.
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