Reasonable doubt is not defined by law. It’s individual to each person. However, if parties are fighting over money, the jury would have to believe the evidence by a “preponderance of evidence” or 51% – a tipping of the justice scales – in order to award one of the parties. If the Government wants to terminate a parent’s rights to their child(ren), the jury would have to believe the evidence is “clear and convincing evidence.” When liberty and justice are at stake, the proof must be even greater than that required to terminate a parent’s rights. The evidence must be proven beyond a reasonable doubt. If the Government were trying to take your parental rights from you, how sure would you want them to be about the evidence against you? …and beyond a reasonable doubt is even higher than that.
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Holds FAQs data
If there is no defense and the evidence is stacked against the defendant, the defense and the prosecution may work out a “plea bargain” or agreed punishment that is not only a win/win for both parties and eliminate the need for trial.
Most cases do not go to trial. However, it’s important to have a trial lawyer who is prepared and willing to take your case to trial. A borderline case may be dismissed on the eve of trial if the prosecutor knows the defense attorney has a reputation for taking cases to trial and the prosecutor is not confident the case will get beyond a reasonable doubt at trial. After all, who wants to lose?
Misdemeanors may be punishable up to 1 year in the county jail, whereas felonies may be punishable up to life in prison or even death in capital cases. Some folks may be eligible for a form of probation in lieu of incarceration.
A felony conviction strips citizens of some privileges and rights such as owning firearms or the ability to vote.
Misdemeanors classified as “crimes of moral turpitude” carry far-reaching consequences such as the inability to sit on a jury or obtain Government licensing such as becoming a real estate agent, certified public accountant (CPA) or even leasing an apartment. Crimes of moral turpitude include theft and prostitution.
“A person of interest” is a fancy way to say “suspect.” If you become a “person of interest,” call a criminal defense lawyer immediately.
No, unless the crime is punishable by less than 1 year imprisonment or civil rights have been restored (ie. judge restores civil rights upon release from community supervision or the governor has issued a pardon)
If you have been convicted of Class A or felony Assault Family Violence, you may not own a gun under Texas law until 5 years have elapsed from the date of release from jail or community supervision.
No, unless the crime is punishable by less than 1 year imprisonment or civil rights have been restored (ie. judge restores civil rights upon release from community supervision or the governor has issued a pardon)
Texas law allows a convicted felon to possess a gun where he resides once five years have elapsed from the felon’s release from prison or parole. Federal law states that a felon may not own a firearm, and the only way to own one in Texas is if it is completely manufactured in Texas and does not pass through interstate commerce channels.
Expunction is available for cases that were either DISMISSED or where the accused was found NOT GUILTY. Until a record is expunged, it still shows the arrest, charge and outcome.
If someone successfully completed a DEFERRED ADJUDICATION probation, there is a tool for getting that removed from the accused’s PUBLIC record, but the Government will always know about the charge. This is different from an expunction where it’s as if it never, ever happened. This is accomplished through a PETITION FOR NON-DISCLOSURE.
For juveniles, folks think their record is automatically sealed when they turn 17 or 18. NOT TRUE. Juveniles MUST go back and SEAL their records to keep it from affecting their futures.
While anyone may post a cash bond, I prefer to use a reputable bonding company to get someone out of jail. Call your lawyer for a recommendation if you do not know where to start.
A client is more helpful in assisting in the defense of his/her case if she is on bond. I tell family members to get the client on bond and then come see me immediately.