How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thelawman2 Your Own Question

Thelawman2
Thelawman2, Lawyer
Category: Criminal Law
Satisfied Customers: 756
Experience:  Attorney-at-Law
Type Your Criminal Law Question Here...
Thelawman2 is online now
A new question is answered every 9 seconds

Me and my husband was arrested for hindering apprehension,

Customer Question

Me and my husband was arrested for hindering apprehension, its my first offense and I'm 45 years old my husband however has had other things when he was young... What are we looking? We are in Houston Texas- Harris County
Submitted: 2 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 2 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

 

The statute which you were charged under is listed below. Depending on the facts, it could be filed as a misdemeanor or a felony. As a first time offender, you are likely looking at a sentence that includes probation. Unless the facts are severe, the State should not seek any jail or prison, based on your clean record. Thank you for allowing me to answer your question. If you do not have anything further, please click the accept/submit button, so I can get credit for my help and time.

 

§ 38.05. HINDERING APPREHENSION OR PROSECUTION. (a) A
person commits an offense if, with intent to hinder the arrest,
prosecution, conviction, or punishment of another for an offense
or, with intent to hinder the arrest, detention, adjudication, or
disposition of a child for engaging in delinquent conduct that
violates a penal law of the state, or with intent to hinder the
arrest of another under the authority of a warrant or capias, he:
(1) harbors or conceals the other;
(2) provides or aids in providing the other with any
means of avoiding arrest or effecting escape; or
(3) warns the other of impending discovery or
apprehension.
(b) It is a defense to prosecution under Subsection (a)(3)
that the warning was given in connection with an effort to bring
another into compliance with the law.
(c) An offense under this section is a Class A misdemeanor,
except that the offense is a felony of the third degree if the
person who is harbored, concealed, provided with a means of
avoiding arrest or effecting escape, or warned of discovery or
apprehension is under arrest for, charged with, or convicted of a
felony, or is in custody or detention for, is alleged in a petition
to have engaged in, or has been adjudicated as having engaged in
delinquent conduct that violates a penal law of the grade of felony,
and the person charged under this section knew that the person they
harbored, concealed, provided with a means of avoiding arrest or
effecting escape, or warned of discovery or apprehension is under
arrest for, charged with, or convicted of a felony, or is in custody
or detention for, is alleged in a petition to have engaged in, or
has been adjudicated as having engaged in delinquent conduct that
violates a penal law of the grade of felony.

Customer: replied 2 years ago.
I'm not satisfied with this answer......There was no mention of what my husband might be looking at,( jail time etc.) with his record when he was young and now he is 42 and hasn't been in trouble with the law, except for traffic tickets, also hindering apprehension of our son, who had a warrant for his arrest for 2 counts of aggravated sexual assault? I would like to know what we are both looking at? Whats the things that could happen or might happen.. Could it be dismissed, or dropped? And We Are In Texas..... Houston Harris County To Be Exact....
Expert:  Thelawman2 replied 2 years ago.
Agg. sexual assault is a felony, and therefore, a person hindering the apprehension of a person convicted of a felony would be committing a third degree felony themselves if they knew the person committed the act. The penalty range for a third degree felony in texas is listed below:

§ 12.34. THIRD DEGREE FELONY PUNISHMENT.
(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

The actual charges brought and penalty instituted will depend on how the DA wants to pursue the action. A DA can decide to bring a lesser charge or drop the case entirely...The DA has wide discretion to pursue the action how they see fit.
Expert:  Thelawman2 replied 2 years ago.
If the charge is reduced to a Class A misdemeanor, then the possible punishment would be:

§ 12.21. CLASS A MISDEMEANOR.
An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.
Customer: replied 2 years ago.
Im not understanding what you are saying can you please explain better to me? Thanks
Customer: replied 2 years ago.
What are me and my husband looking at?

Please put it simple, I dont have a law degree and I would like to understand what you are saying to me....
Expert:  Thelawman2 replied 2 years ago.
People in your situation could potentially face up to 10 years in prison, however, an exact punishment will depend on the DA's judgment of the situation.

You should consider hiring an attorney to help you deal with this situation and protect you from any possible jail time. They will be able to negotiate on your behalf with the DA in order to have any potential punishment reduced or the charge thrown out.
Customer: replied 2 years ago.
I appreciate your answer but do you know of any cases to possible give me and idea of what me and my husband is looking at, for example what has actually happened?

And we are trying to find lawyers now as we speak that will handle our cases but we want lawyers that know what they are doing and will fight for us, to keep us out of jail period....

And suggestions?
Expert:  Thelawman2 replied 2 years ago.
Unfortunately on this website, it is against policy to provide recommendations to any specific lawyers. I am sorry for the inconvenience that this may cause but it is designed to prevent lawyers from recommending themselves through this service.
Expert:  Thelawman2 replied 2 years ago.
Here are some Texas court cases dealing with "hindering appr ehension:

http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=15122

http://www.9thcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionId=8292&redir=1

http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=18553

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.