Monday, March 30, 2015

Pearland Criminal Lawyer | Brazoria County Attorney


Pearland Criminal Lawyer
Pearland Criminal Lawyer


PEARLAND TEXAS & BRAZORIA COUNTY CRIMINAL LAWYERS


The Pearland Criminal Lawyers Andy Nolen and Associates have handled over 3000 cases and have a collective 22 years experience defending adults and  juveniles in criminal, juvenile, and family courts  in BRAZORIA County and throughout the State of Texas.


Pearland Criminal Lawyer Andy Nolen represents clients charged with  crimes in State and Federal courts in Houston, Galveston,  Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso, Hempstead,   and all counties in Texas. The law firm of Pearland Criminal Lawyer Andy Nolen is located  in Houston, Texas; however,  Attorney Andy Nolen appears in all criminal, juvenile, and family courts in Texas.

Pearland Criminal Lawyer Andy Nolen treats every person they represent as if they were a friend and neighbor.  When you call, likely Andy Nolen will answer your call.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If we can be of any assistance, or you just want to talk about your situation, please call Pearland Criminal Lawyer Andy Nolen at 832-480-8951.

Harris County Criminal Defense Attorney | Aggregated or Consolidated Theft


I  recently had a client who thought she was indicted for AGGRAVATED Theft, I explained to her that it  was AGGREGATED Theft that she had been indicted for,  I had that reduced to a misdemeanor and she received no jail time and a deferred probation.


TEXAS PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 31. THEFT

Sec. 31.02.  CONSOLIDATION OF THEFT OFFENSES.  Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Harris County Criminal Defense Attorney Andy Nolen has over 19 years  experience representing persons accused of committing criminal violations of State and Federal law.


Harris County Criminal Defense Attorney Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.
If we can be of any assistance, or you just want to talk about your situation, please call

Harris County Criminal Defense Attorney Andy Nolen at 832-480-8951.

Harris County Criminal Defense Attorney | Theft Of Service

TEXAS PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
Harris County Criminal Defense Attorney
CHAPTER 31. THEFT

 Harris County Criminal Defense Attorney Andy Nolen has over 22 years  experience representing persons accused of committing criminal violations of State and Federal law.

Sec. 31.04.  THEFT OF SERVICE.  (a)  A person commits theft of service if, with intent to avoid payment for service that he knows is provided only for compensation:
(1)  he intentionally or knowingly secures performance of the service by deception, threat, or false token;
(2)  having control over the disposition of services of another to which he is not entitled, he intentionally or knowingly diverts the other’s services to his own benefit or to the benefit of another not entitled to them;
(3)  having control of personal property under a written rental agreement, he holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals;  or
(4)  he intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make payment after receiving notice demanding payment.
(b)  For purposes of this section, intent to avoid payment is presumed if:
(1)  the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments;
(2)  the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment;
(3)  the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment;  or
(4)  the actor failed to return the property held under a rental agreement:
(A)  within five days after receiving notice demanding return, if the property is valued at less than $1,500;  or
(B)  within three days after receiving notice demanding return, if the property is valued at $1,500 or more.
(c)  For purposes of Subsections (a)(4), (b)(2), and (b)(4), notice shall be notice in writing, sent by registered or certified mail with return receipt requested or by telegram with report of delivery requested, and addressed to the actor at his address shown on the rental agreement or service agreement.
(d)  If written notice is given in accordance with Subsection (c), it is presumed that the notice was received no later than five days after it was sent.
(e)  An offense under this section is:
(1)  a Class C misdemeanor if the value of the service stolen is less than $20;
(2)  a Class B misdemeanor if the value of the service stolen is $20 or more but less than $500;
(3)  a Class A misdemeanor if the value of the service stolen is $500 or more but less than $1,500;
(4)  a state jail felony if the value of the service stolen is $1,500 or more but less than $20,000;
(5)  a felony of the third degree if the value of the service stolen is $20,000 or more but less than $100,000;
(6)  a felony of the second degree if the value of the service stolen is $100,000 or more but less than $200,000;  or
(7)  a felony of the first degree if the value of the service stolen is $200,000 or more.
(f)  Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section.
(g)  It is a defense to prosecution under this section that:
(1)  the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service;  and
(2)  the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order.

Harris County Criminal Defense Attorney Andy Nolen has over 22 years  experience representing persons accused of committing criminal violations of State and Federal law.

Harris County Criminal Defense Attorney Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.
If we can be of any assistance, or you just want to talk about your situation, please call

Harris County Criminal Defense Attorney Andy Nolen at 832-480-8951.

Monday, February 9, 2015

Conroe Probation Violation Attorney Andy Nolen Stops Your Probation From Being Revoked

Facing a Motion to Revoke Probation or a Motion to Adjudicate Guilt is a very serious matter requiring a good Conroe Probation Violation Attorney.
Conroe Probation Violation Attorney Andy Nolen
Conroe Probation Violation Attorney Andy Nolen
6 THINGS YOU NEED TO KNOW:
1.  A Motion to Revoke Probation is what is filed when you are on straight or regular probation.
2.  A Motion to Adjudicate Guilt is what is filed when you are on Deferred Adjudication.
3.  These documents are prepared by the probation department and signed by the judge.  These motions list the terms of your probation and the ways in which you violated them.   Once signed, a warrant issues for you arrest.  You may or may not have a bond set at this time.  You may have to first go thru the jail then appear in court to request a bond.
4.  The purpose is for you to appear before the judge so that he or she can make a decision to either, keep you on probation, modify your probation, or revoke your probation.  If revoked, you are subject to being jailed.
5.  Hopefully, an agreement with the prosecutor, probation officer and or judge can be reached whereby you stay on probation.  Alternatively, the judge may make you an offer.  If you decide that you do not like that offer, you can have a hearing and present evidence, witnesses, and explanations to the judge.  Remember, your hearing is before the same judge that made you an offer you didn’t like.  Because of that dynamic, you should prepare evidence and witnesses that have not already been presented to the judge in the attempt to change the judges opinion.
6.  When your case began you had the right to a trial by jury who would have faced the burden of beyond a reasonable doubt.  Now, your hearing is before the judge only and the evidence standard is preponderance of evidence.  In other words, its much easier to be revoked than it is to be found guilty at trial.
Conroe Probation Violation Attorney Andy Nolen has practiced law in Montgomery County and elsewhere in Texas for 20 years.  He has fought for over 3000 clients and had hundreds of cases dismissed. Andy Nolen handles Motions to Revoke Probation on a regular basis and has successfully kept many people from going to jail.
Negotiating with the court, preparing clients to testify in court, assembling evidence and fighting your case at a hearing are some of the ways Andy Nolen will help you.  Attorney Andy Nolen can access your case online and discuss your particular situation.  Call now for a free consultation at 832-480-8951.