Showing posts with label Texas Criminal Law. Show all posts
Showing posts with label Texas Criminal Law. Show all posts

Saturday, March 1, 2014

Can i request another public defender?

                                     


Question:

Can I request another public defender?


Answer:

You can request one but you are not entitled to the attorney of your choice. If you want the attorney of your choice you will have to hire one. 
If you and your court appointed attorney are not communicating well that could be a reason the court would appoint you a new lawyer. 

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Friday, February 28, 2014

Pre- indictment discovery?

Question:

Pre- indictment discovery?


Can I pressure the DA to provide discovery (police reports, etc) prior to being formally charged?

                                        

No discovery prior to indictment or and information being filed in for a misdemeanor case. 

If you're really eager to get the case moving along file and examining trial. It's a probable case hearing where you get to question the officers regarding the truthfulness of the accusation. Most lawyers consider it a motion for an early indictment because if your case is indicted you lose the right to have an examining trial. But, every now and then you get luck and file one
when the grand jury in between sessions. 


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Discuss the case with you attorney and follow their advice. 

Thursday, February 27, 2014

Texas one step closer to decriminalize marijuana. Rick Perry endorses marijuana. Texas Marijuana benefits.


                                   




  Texas Gov. Rick Perry says he is supporting policies toward decriminalization of marijuana in his state, although he is still against legalization of marijuana entirely.
Speaking at the World Economic Forum in Davos, Switzerland, Perry said he has already begun the process to move toward softer punishments for marijuana offenders in Texas.

“As governor, I have begun to implement policies that start us toward a decriminalization,” Perry said as quoted by the Chronicle, including with “drug courts,” an alternative to the traditional court system that sentence some drug users to rehabilitation and supervision instead of jail time.

Perry’s spokeswoman told the paper that the Republican governor still opposes fully legalizing marijuana, but he is looking for ways to reduce jail time for some nonviolent pot users.
“Legalization is no penalty at all, whereas decriminalization doesn’t necessarily mean jail time (for minor possession offenses). It means more of a fine or counseling or some sort of program where you don’t end up in jail but in a rehabilitative program,” Lucy Nashed said. “The goal is to keep people out of jails and reduce recidivism, that kind of thing.”
The comments were Perry’s first on decriminalization, although he has been supportive of the drug courts, which were created by a 2001 Texas law.




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NFL star Darren Sharper faces more rape charges

Former NFL star Darren Sharper faces more rape charges

February 27, 2014
Darren Sharper appears in a Los Angeles court on February 14 to face rape charges. He faces separate rape charges in New Orleans.
Darren Sharper appears in a Los Angeles court on February 14 to face rape charges. He faces separate rape charges in New Orleans.

STORY HIGHLIGHTS
  • Darren Sharper now faces rape charges in two states
  • The former NFL star faces two counts in New Orleans of aggravated rape
  • A second man, Erik Nunez, also faces the same charges in Louisiana
  • An attorney for Sharper previously has said his client engaged in "consensual contact"
 New Orleans police have issued arrest warrants for former NFL star Darren Sharper and another man in connection with the alleged rapes of two women.
Sharper, 38, and Erik Nunez, 26, each face two counts of aggravated rape, the Orleans Parish district attorney's office said in a statement.
Sharper and Nunez face the possibility of life without parole if convicted.
CNN reached out to an attorney for Sharper and to Nunez, but neither immediately returned messages seeking comment.
Sharper has also been charged in California with two counts of rape by use of drugs and other charges, according to Los Angeles County prosecutors.
He pleaded not guilty last week.
"Mr. Sharper must stay in Los Angeles County," a judge said at a bail hearing.
Judge Renee Korn set Sharper's bail at $1 million and ordered him to stay away from venues that sold alcohol as a primary item.
Prosecutors in Louisiana said the two alleged rapes occurred on September 23 in a New Orleans apartment.
The alleged rapes in California occurred in October and last month, authorities said.
Prosecutors there said the five-time Pro Bowl player, who became an NFL Network analyst, is also under investigation in Arizona and Nevada.
Tempe, Arizona, police say they expect to file charges against Sharper soon.
"We have nothing yet. We anticipate filing charges very shortly and we are still waiting on a couple of results from the crime lab," said Sgt. Mike Pooley.
In addition, a Florida woman last month filed a sexual battery complaint in Miami Beach against Sharper relating to a 2012 incident, a police report said.
According to the report, the woman was with two friends at a Miami Beach club in September or October 2012 when she met Sharper. The woman, her friends and another person went to Sharper's condo, where the woman claims the battery took place.
Miami Beach police are investigating the case, Miami Beach Detective Vivian Hernandez said last week.
One of Sharper's lawyers disputed all the rape allegations last week at his hearing.
"It was all consensual contact with women who wanted to be in his company," Leonard Levine said.
Sharper played for the Green Bay Packers, Minnesota Vikings and New Orleans Saints from 1997 through the 2010 season.

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Tuesday, February 25, 2014

Legal age to consent to sexual activity in Texas.







                            17 year of age.
Legal age of to consent to sexual activity in TX.




In Texas the legal age to consent to sexual activity is seventeen years of age.  However many individuals are confused about Texas Laws and lots of young adults are being arrested for engaging in activities with individuals that are to young.  

However, there is a defense to downward dating if the parties to the activities are within three years of age.  This doesn't mean someone will not get arrested.  It just means that there is a defense to prosecution.

All young adults reading this need to seriously give careful thought before engaging in sexual activity.  There are many sexually transmitted diseases and unwanted pregnancies each year.  If you are a young woman or many reading this you should discuss these matters with you parents too.  This is not a laughing matter.  Your parent's would like you to discuss this with them rather than learning they are going to be grand parents soon or someone is likely to be arrested.

When in doubt just don't do it.  




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