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Needing some answers I can’t find..
I completely disagree with most of what has been posted above. This forum is useless unless you at least tell us the State this is occurring in. The laws that apply and the correct answer to your question depends entirely on the jurisdiction you are in. Also in most cases the jury charge...- CavemanLawyer
- Post #6
- Forum: Other Crimes – Federal and State
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Criminal law
Sorry for bringing this post back to life but I just now saw it. Short of a successful appeal or writ, the only way to obtain relief from a sentence of life w/o parole is with a granting of either clemency (reduced sentence) or a pardon, which can only be done by the Governor. Have you met our...- CavemanLawyer
- Post #20
- Forum: Other Crimes – Federal and State
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Reasons a 911 incoming call - "CAD" would be modified by another individual other than the original dispatcher who took the call
CAD is the name of the system. The report is called an event report. Most of the info in an event report is generated automatically. Some of it is logged from the on board computer in the police vehicles, for example the time when officer responds to the scene. Some if it is computer...- CavemanLawyer
- Post #10
- Forum: Arrests, Searches, Warrants & Procedure
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Texas - Lost Open Container Citation
If she received a ticket then the case would most likely be filed in a justice of the peace court or a municipal court. Rarely do these courts post their dockets online. The above database is very cool but it looks like it only lists district and county courts where a speeding ticket typically...- CavemanLawyer
- Post #10
- Forum: Other Crimes – Federal and State
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how to correct "the record"
As best as I can tell Illinois has its criminal history records maintained by their state police. I would simply have S1 go speak with someone at their local police department who may be able to help them or direct them to a specific department that handles this sort of thing. An expunction is...- CavemanLawyer
- Post #13
- Forum: Arrests, Searches, Warrants & Procedure
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Family Violence charges
It would be an extreme result but technically if you tried to persuade the cousin the drop charges you could be charged with tampering with a witness, which in this case would be the same degree misdemeanor that your boyfriend is charged with. It is common for victims to request that a charge...- CavemanLawyer
- Post #8
- Forum: Sentencing / Parole / Pardons / Plea Bargains
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How do i get.my firearm back from HPD?
Texas' statutes on this are pretty confusing. We've got three different sections that can apply to disposing of a seized firearm and the results can all be different. The first thing I'd do is look up the criminal case records. If by HPD you do mean its a Harris Co. criminal case than all of...- CavemanLawyer
- Post #34
- Forum: Other Crimes – Federal and State
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Wrongfully charged trespass
The answer is that you apparently know the truth but so far the prosecutor is skeptical of it. I can't tell you how many times I have seen someone file an affidavit in a criminal case falsely taking the blame for the alleged act because the consequences would be less severe for them then the...- CavemanLawyer
- Post #9
- Forum: Other Crimes – Federal and State
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Translating recordings of inmates' phone conversations
Yes its legal. Per United States Supreme Court law prisoners have very limited expectation of privacy when incarcerated. Generally speaking prison authorities can do any search they want as long as it is considered reasonable. Its more than reasonable to record and "search" phone calls made...- CavemanLawyer
- Post #2
- Forum: Arrests, Searches, Warrants & Procedure
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Evidence tamper by the criminal prosecutor
Yeah definitely not enough information to address this. Others have already pointed out the questions that still need to be answered. I'm really unclear on what the cropping accomplished and how it would be misleading. Please just tell us what happened. Prosecutors crop photos and videos all...- CavemanLawyer
- Post #15
- Forum: Sentencing / Parole / Pardons / Plea Bargains
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3rd DUI while on felony parole in Texas
In this case the result is probably the same but nevertheless that is not quite correct. It is irrelevant whether you have served half of your total sentence, with or without parole. What matters is whether you have served half of your total parole period and that only determines whether you get...- CavemanLawyer
- Post #18
- Forum: Sentencing / Parole / Pardons / Plea Bargains
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3rd DUI while on felony parole in Texas
The poster stated that they were on parole at the time of the new charge. There is no such thing as parole for a state jail felony so I concluded that it was a "true" felony. DUI is a charge used for minors. I'm sure you mean DWI. A DWI 2nd is a misdemeanor under any circumstance. The only...- CavemanLawyer
- Post #17
- Forum: Sentencing / Parole / Pardons / Plea Bargains
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3rd DUI while on felony parole in Texas
As mentioned above, a DWI 3rd or more is a 3rd degree felony punishable up to 10 years in prison. If their parole gets revoked before the new DWI is resolved, however, then that prior charge can be used as an enhancement making the possible punishment up to 20 years. Theoretically a prosecutor...- CavemanLawyer
- Post #14
- Forum: Sentencing / Parole / Pardons / Plea Bargains
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Expunction Timeline- CPA Application (TX)
The expunction statute says that once the order has been granted you are allowed to deny the existence of the arrest under all circumstances except if testifying under oath in a criminal proceeding. So you are legally being honest if you say you've never been arrested and I would absolutely deny...- CavemanLawyer
- Post #7
- Forum: Arrests, Searches, Warrants & Procedure
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DUI test
The two physical portions of the standardized field sobriety tests (one leg stand and walk and turn) are both based on the concept of divided attention. Making you look at your foot while also focusing on other things (counting, balancing, other arm to side) is one of the ways you are forced to...- CavemanLawyer
- Post #17
- Forum: Drunk Driving / DUI / DWI
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Indictments in Texas
CCP 32.01 is never used. The Court can just deny it if the prosecutor states they still intend on going forward with charges. If the court does dismiss the charges then there is no prejudice so the State can just refile the charges and now you have to get arrested all over again. This chapter is...- CavemanLawyer
- Post #12
- Forum: Arrests, Searches, Warrants & Procedure
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Can I file a lawsuit?
I got a private message to take a look at this post but I can't see the original question for some reason. It looks like starts somewhere in the middle of the conversation .- CavemanLawyer
- Post #59
- Forum: Landlord / Tenant Issues
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Search Warrant and Field Property Inventory
Your post is a little confusing to me but a typical search warrant/affidavit/return will often have three different dates on it. You have three days to execute and return a search warrant but that is not including the day the warrant was signed or the day the warrant was returned, so that...- CavemanLawyer
- Post #8
- Forum: Arrests, Searches, Warrants & Procedure
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