Milan Marinkovich

-Published Cases:

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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Texas

Since 2001

Widener University School Of L

Doctor of Jurisprudence/Juris Doctor (J.D.)

1997

Texas State Bar  # 24032696

Member

2001 - Current

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?

July 28, 2012

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. ... Read More

Q. Punishment for child sexual abuse?

July 28, 2012

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. ... Read More

Q. How can I see if someone has a criminal lawsuit filled against them or their former business? Thank You

July 28, 2012

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.