April 10, 2014 by David Nachtigall An expunction of criminal records permits you, with some exceptions, to legally “lie” about whether you were ever arrested for or charged with a crime. With limited exceptions, the records are destroyed and inaccessible even to law enforcement. I’ve come across people who were charged and pled guilty to…
May 1, 2014 by David Nachtigall A petition for nondisclosure is a procedural mechanism for having a criminal record sealed in Texas. Petitions for nondisclosure are applicable only in cases in which a person was placed on deferred adjudication and successfully completed the period of community supervision. Petitions for nondisclosure are filed in the court…
Deferred adjudication is a form of community supervision (like probation) that a judge may impose after a plea of guilty or no contest. A person who is placed on deferred adjudication is generally subject to terms and conditions including monthly reporting to a probation officer, random drug testing, and community service. Terms of deferred adjudication…
There are two general categories of crimes in the Texas legal system – misdemeanors and felonies. Whether a crime is misdemeanor or felony depends upon the offense conduct. The primary differences between a felony and a misdemeanor are the range of punishment, the consequences of conviction, and the ability to have the charge cleared or…
In Texas, prosecutors are granted wide discretion to make plea bargains in cases. This includes offering a sentence in the range of punishment, reducing a charge, or dismissing a case in exchange for certain action on the defendant’s behalf. If a person wishes to plead guilty and does not want to risk allowing a judge…
There are two major criminal justice systems in the United States that can lead to a person being imprisoned – the state criminal justice system and the federal system. Being charged with a state crime in Texas means that a defendant will most likely be prosecuted for a violation of the Texas Penal Code. In…
Individuals charged with federal crimes are entitled to a hearing to determine whether they will be detained or afforded bail while awaiting trial in a federal criminal case. The four possibilities with respect to release for those charged with federal crimes are that the person is: 1. released on personal recognizance or upon execution of an unsecured…
A bail bond is essentially something offered by a defendant to ensure that he or she appears in court while a case is pending. In Texas, there are several types of bail bonds. The general idea behind a bond is that if someone has something to lose by not appearing in court (aside from being…
Attending a criminal court proceeding can be daunting for those unfamiliar with the system. While procedures in state court vary from county to county, there are certain universal procedures in all courtrooms and some required by Texas law. Knowledge of some basic courtroom procedures may help alleviate some of the apprehension associated with attending criminal…
Whether to have a trial on a criminal case depends on many factors. The determination can only be made after a thorough examination of all of the facts and circumstances of a particular case. However, there are certain considerations in every case that must be taken into account when deciding whether to take a case…