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Questions Answered by Christopher M. Lankford
1 Answer | Asked in Criminal Law for Texas on
Q: how do u get charged for a aggravated sexual of a child under 14 if D.N.A is inconclusive
Christopher M. Lankford
Christopher M. Lankford
answered on Sep 15, 2014

There is likely other evidence, like the statements of the victims. However, charged does not mean guilty. Bad cases may be thrown out at the grand jury stage or later dismissed by the DA.

1 Answer | Asked in Criminal Law for Texas on
Q: My fiance is on parole til June 2017. He caught 1charge of evading in motor vehicle, dwli, bail jumping what do we do???
Christopher M. Lankford
Christopher M. Lankford
answered on Sep 5, 2014

He has two issues. First, he has the new charges to deal with, which includes felonies. Second, he will be facing a parole revocation based on the new charges.

If the charges are weak, then he can contest them. Talk with an attorney. What happens will depend on the strength of the new cases.

1 Answer | Asked in Criminal Law for Texas on
Q: If you have had the last dwi 14 years ago and it was your 4th one and you get one just recently will it be enhanced ?
Christopher M. Lankford
Christopher M. Lankford
answered on Sep 2, 2014

Yes, the new one will be a 3rd degree felony. The "ten year rule" for looking back at DWIs for enhancement has been repealed.

1 Answer | Asked in Criminal Law for Texas on
Q: i shoplifted when I was 17 in texas and I am 55. is that still on my record
Christopher M. Lankford
Christopher M. Lankford
answered on Aug 21, 2014

If you were convicted, then yes, it will still be on your record. However, if you completed a deferred probation or had your case dismissed, then you can have it sealed.

1 Answer | Asked in DUI / DWI for Texas on
Q: Dui in Montana. was given a paper copy to drive to work and home. has Texas license. will it be suspended in Texas?

first offence

Christopher M. Lankford
Christopher M. Lankford
answered on Aug 20, 2014

More than likely, yes. Texas will suspend your license for an offense in another state IF your license would have been suspended for that offense had it occurred in Texas.

1 Answer | Asked in Criminal Law for Texas on
Q: How do I get a copy of a plea agreement filed in 1989 in Abq. NM.

I have sufficient info for the case and can see electronic court records online.

Christopher M. Lankford
Christopher M. Lankford
answered on Aug 20, 2014

You may have to contact the county/district clerk to get a copy.

1 Answer | Asked in DUI / DWI for Texas on
Q: Oklahoma has a hold on my drivers license can I get a driver's license in Texas?

It was still valid in Arkansas where I lived but when it expired I couldn't renew it even though I paid my fines off. It was three years ago

Christopher M. Lankford
Christopher M. Lankford
answered on Aug 19, 2014

No. States have reciprocity. This means they will not issue a license if you have a suspension in another state.

1 Answer | Asked in DUI / DWI for Texas on
Q: Convicted of DUI in DC, over a year ago. The NDR record was removed. MD license never affected.

Do I need to state my DUI conviction on my license application for TX, since MD DMV never discovered?

Christopher M. Lankford
Christopher M. Lankford
answered on Aug 19, 2014

Yes. You may find yourself in more trouble for falsifying a government record if you don't! Plus, the conviction will show up on the NCIC database if a background check is ran.

1 Answer | Asked in DUI / DWI for Texas on
Q: My Tx DL is to be suspended for 90days but I currently have an OK license. Will the Tx suspension effect my OK license?
Christopher M. Lankford
Christopher M. Lankford
answered on Aug 19, 2014

Yes. States have what we call reciprocity. This means that they will not issue a license (or in this case suspend) if there is a suspension in place in another state. Check with Oklahoma's DPS. Because 90 days is a short suspension, it may run before they find out.

1 Answer | Asked in DUI / DWI for Texas on
Q: Keys not in ignition, car not running, wasn't in the car, wasn't observed by anyone how a dui?

I always thought the above had to be present or some of them to be a dui. The full report just says I was sitting outside the vehicle and doesn't mention anything else. I'm confused.

Christopher M. Lankford
Christopher M. Lankford
answered on Aug 19, 2014

The state has to prove that you were operating a motor vehicle. Based off of what you said, it does not sound like DWI. However, don't expect the DA to drop it. These type of cases often go to trial.

1 Answer | Asked in Criminal Law for Texas on
Q: In the state of Texas can a person be held in jail because of there back ground if they didn't do the crime?

Meaning I know someone that is in jail for agg robber of

ADW 3 charges with no evidence and was told that they cant let him go because of his back ground. He didnt commit those chargers at all.

Christopher M. Lankford
Christopher M. Lankford
answered on Aug 18, 2014

If a person's background may be taken into account when setting the bond. However, there must be a current charge for a new crime. If the is no evidence to support the new charge, then this person should have an attorney fighting it via, grand jury, examining trial, etc. If the new charge is... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can you be found guilty on assault by contact if only witnesses show in court?

The girl was bullying my daughter. She was 18 at the time I confronted her. She was not in court but two witnesses were. Can I be charge without the girl being there?

Christopher M. Lankford
Christopher M. Lankford
answered on Aug 18, 2014

Yes. You may be charged, but whether that is enough to convince a jury that you are guilty is an entirely different question. Your lawyer is the best person to advise you on the strength of the case.

1 Answer | Asked in Criminal Law for Texas on
Q: When a inmate is sentenced to the death penalty does it take so long? Why are they on death row for a number of years?
Christopher M. Lankford
Christopher M. Lankford
answered on Aug 18, 2014

Executing a person is something that can never be undone. For that reason, we have a number of steps, including appeal, to make sure that there was a fair trial, the law was applied correctly, and that there is enough evidence to support the conviction.

1 Answer | Asked in Criminal Law for Texas on
Q: DWI in Texas (where my license is issued) but I go to school in Chicago.

DWI in Texas (where my license is issued) but I go to school in Chicago. I can't stay in Texas because of school. What are my options? I also need to drive back to Illinois in 3 weeks. I received my dwi yesterday.

Christopher M. Lankford
Christopher M. Lankford
answered on Aug 18, 2014

First, hire a defense attorney. Your attorney may be able to get you excused from most of your Court dates and appear on your behalf. Dealing with a DWI is a process, so it may take awhile.

The case will be handled where the DWI occurred. Don't expect a dismissal because you're out of state.

1 Answer | Asked in Criminal Law for Texas on
Q: Drugs found under a house can u be convicted if its not ur house
Christopher M. Lankford
Christopher M. Lankford
answered on Aug 8, 2014

The State has to be able prove that you were in possession of the drugs at some point. For example, if a witness says they saw you hiding the drugs, then that might be sufficient. You would need an attorney to review all of the evidence to be able to advise you if there is enough for a conviction.

1 Answer | Asked in Criminal Law for Texas on
Q: Can you make an arrest if the victim refuses to tell you what happened? She has a knot on her eye, scratches on her neck
Christopher M. Lankford
Christopher M. Lankford
answered on Aug 1, 2014

Yes. A person may be arrested, especially if it involves Family Violence, even if the victim refuses to make a statement or makes a statement the police do not believe. It depends on other evidence, statements, etc. Keep in mind, an arrest doesn't mean guilty.

1 Answer | Asked in Criminal Law for Texas on
Q: If a 17 year old commits a second class felony, what are the penalties in Texas?
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 28, 2014

17 is an adult in Texas. The maximum punishment is 2-20 years and a fine up to $10,000. There are many other options, and jail time is not automatic. Consult an attorney to discuss specifics and options. This is a very serious charge.

1 Answer | Asked in DUI / DWI for Texas on
Q: CAN YOU APPLY FOR A OCCUPATIONAL LICENSE WITH A 2ND DWI OFFENSE DURING THE SUSPENSION TIME
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 25, 2014

Yes you can. In the county I practice in, you can expect the process to take a little bit longer since there will likely be a hearing.

1 Answer | Asked in DUI / DWI for Texas on
Q: i get DWI in Texas my driving license suspended in 3 months i want move to Philadelphia PA. is that any problem?
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 25, 2014

No, however another state will not issue you a driver's license if yours is suspended.

However, check your bond/probation conditions, if any. Those might restrict you.

1 Answer | Asked in DUI / DWI for Texas on
Q: husband got a dwi and have not gone to court yet, will the dwi come out on his mvr ?
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 25, 2014

Yes, the arrest and any administrative suspensions (BAC over .08 or refusal) will show up.

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