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Discussion Topic  RE: Prosecutorial Discretion (in Criminal) by Ken Sparks
I send a written request to recall the order of commitment for those in custody or the warrant for t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: The new math: 60 = 15 = 5 (in Criminal) by Ken Sparks
The article merely points out that he is eligible for parole. It does not say that parole will be gr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Investigative Reporter / Witness (in Criminal) by Ken Sparks
Why not prosecute the dealer if you have the delivery taking place on tape? Simply because a reporte......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Handcuffing person not under arrest. (in Other) by Ken Sparks
As Diane Beckham states in the TDCAA Manual, Warrantless Search and Seizure, page 16, a suspect may ......
TDCAA > TDCAA Community > Other

Discussion Topic  RE: HB 823 -- "Traveling" (in Criminal) by Ken Sparks
I agree. I think you need to submit it to the jury if you have contradictory evidence....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Burn Ban (in Criminal) by Ken Sparks
A judge cannot legally compel a defendant to make a donation as a condition of community supervison ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Health and Safety Code, Section 481.141 (in Criminal) by Ken Sparks
I have not used this statute before, but I would put it in the indictment by tracking the language o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miranda (in Criminal) by Ken Sparks
If no statements were made by defendant, no warnings are required. The warnings and subsequent waive......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Burglary or Theft? (in Criminal) by Ken Sparks
Was this an after work-hours entry and theft or did it occur as he was leaving the house after enter......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appealed probationary sentence... when does the probation begin? (in Criminal) by Ken Sparks
Some judgment forms have a section below the judge's signature that says: "Mandate received: _______......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attorney Fees - Theft of Service ? (in Criminal) by Ken Sparks
Theft of service may be possible. PC Sec. 31.01(6) includes professional services. Theft of service ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Bond fortfeiture (in Civil) by Ken Sparks
CCP Art. 17.19 (e) authorizes a peace officer, security officer, or a licensed private investigator ......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Misidentification expunction applications (in Criminal) by Ken Sparks
In a county of 20,000 I have filed two of these in two years....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Arson (in Criminal) by Ken Sparks
Violation of the burn ban is only a Class C misdemeanor. What about a joint civil suit by the affect......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pre-trial diversion revisit: fee and/or restitution ? (in Criminal) by Ken Sparks
You cannot charge a fine or court costs, but you could make restitution one of the rules of pre-tria......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: What's your standard plea offer for 1st Offense DWI? (in Criminal) by Ken Sparks
180 days/12 months/$500/50CSR...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Simply Amazing (in Criminal) by Ken Sparks
Was O.J. with him?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Even banjos are welcome (in Other) by Ken Sparks
I am not musically inclined, but I think it is an excellent idea. Maybe a performance during a lunch......
TDCAA > TDCAA Community > Other

Discussion Topic  RE: Interlock for DWI 2nd conviction (in Criminal) by Ken Sparks
I have one of those. This request is for a form for a non-probated conviction with continuing jurisd......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Interlock for DWI 2nd conviction (in Criminal) by Ken Sparks
Penal Code Sec. 49.09(h) gives a court continuing jurisdiction to enter and enforce an order to inst......
TDCAA > TDCAA Community > Criminal


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