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Discussion Topic  Collecting a fine (in Criminal) by Ken Sparks
Defendant received a sentence of 24 months state jail and a fine of $2,500. $1,500 that was confisca......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Another Fetus Case (in Criminal) by Ken Sparks
PC Sec. 22.12 excludes prosecution of the mother for Chapter 22 offenses....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Another Fetus Case (in Criminal) by Ken Sparks
I think the mother is regrettably exempt from prosecution under the plain reading of the statute. Sh......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Prosecutor of Year Re-Elected (in Criminal) by Ken Sparks
I did not have an opponent, but I still think it was a notable result....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: School/Probation Agreement to Share Juvi Info (58.0051 TFC) (in Juvenile Law) by Ken Sparks
Jay Johannes in my office prepared one for all three of our school districts. I will tell him to cal......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Name the crime(s) (in Criminal) by Ken Sparks
Felony criminal mischief, assuming the damage to the residence is $1,500 or more, and false report t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New Rule 25.2 (Certification of Appellate Right) (in Appellate) by Ken Sparks
Something needs to change. My district clerk is required to file the clerk's record even when there ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Scott Peterson trial--California Law (in Criminal) by Ken Sparks
Why does it take so long to try a case in California? Do they just work half days?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Mentally Retarded Defendant (in Criminal) by Ken Sparks
Under CCP Art. 46B.004(1) you have the right to suggest to the court that the defendant may be incom......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Certificates of Analysis (in Criminal) by Ken Sparks
If the defense has filed a timely objection, then CCP Art. 38.41 and 38.42 are of no force and effec......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sexual Asslt. once removed? (in Criminal) by Ken Sparks
If the daughter was 14 and the boy was within 3 years of her age, there is an absolute affirmative d......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Videotape Confession (in Criminal) by Ken Sparks
If the videotape was not stopped and then started again, the confession should be admissible. The co......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Weezin' the Juice... (in Criminal) by Ken Sparks
I have not read Santana, but using PC Sec. 31.08 (c) makes it a Class A misdemeanor theft....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: transportation code 550.022 (in Criminal) by Ken Sparks
I think not. Would he give his name, address, and insurance information to himself? This is too much......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Arrest on Private property (in Criminal) by Ken Sparks
I would decline to file any charges. The defendant is only guilty of contempt of cop, which is not i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Oh my, no Miranda! (in Criminal) by Ken Sparks
No, it was my (apparently) feeble attempt at humor. However, I do not think we should excuse ignoran......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Oh my, no Miranda! (in Criminal) by Ken Sparks
The reporter has not attended a TDCAA seminar to learn that a non-custodial statement does not requi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Assisting with Escape from County Jail (in Criminal) by Ken Sparks
I agree with John. Charge them under PC Sec. 38.06 and use a parties charge under PC Sec. 7.01....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Name of Victim on Indictment (in Criminal) by Ken Sparks
File a motion to amend the indictment pursuant to CCP Art. 28.10 and 28.11....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Request for Advice (in Other) by Ken Sparks
It is impossibe to answer your questions without knowing the size and location of the prosecutor's o......
TDCAA > TDCAA Community > Other


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