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Questions Answered by Christopher M. Lankford
1 Answer | Asked in DUI / DWI for Texas on
Q: I got my first DUI in okla 2 years ago I got 6 months probation an 6 month suspension can I get tx license now

I never went back to get license I paid 1000 filler fine and never went back they wanted a 360 reinstatement fee and DUI classes and interlock which the classes if didn't mind but did not want to hassle with interlock and I live in tx now can I just get a tx license now since I did my time and... View More

Christopher M. Lankford
Christopher M. Lankford
answered on Jul 25, 2014

Generally, Texas will not issue you a license if another state (Oklahoma) has your license suspended. In order to get a normal driver's license here, everything needs to be resolved in Oklahoma.

If that's not possible right now, you can get what we call an Occupational...
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1 Answer | Asked in Criminal Law for Texas on
Q: I'm on felony probation.. By plea bargain.. This is the only thing on my record.. Will I ever be able to get it off ..?

This is the only thing on my record.. And it's for theft.. I'm paying it back as well..

Christopher M. Lankford
Christopher M. Lankford
answered on Jul 25, 2014

It depends on the type of probation. If you are on Deferred Probation, then yes, you will be able to get your record sealed after completing the probation and a waiting period.

However, if you are on straight probation, then no, you will generally not be able to seal your record. The only...
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1 Answer | Asked in Criminal Law for Texas on
Q: In the state of TX does one have to admit guilt to receive a sentencing deal after conviction
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 25, 2014

No. Once you have been found guilty and convicted, it is a matter of agreeing on a sentence or taking it to the judge/jury.

In order to accept a plea offer prior to being found guilty, then yes, you must admit guilt by pleading "guilty."

1 Answer | Asked in Criminal Law for Texas on
Q: If a Judge does not accept a plea deal, can the defendant change his plea?
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 21, 2014

Yes. If the deal is not accepted, then the defendant may withdrawal his plea of "Guilty."

1 Answer | Asked in Criminal Law for Texas on
Q: if i was in a place where a theft was committed am i going to get in trouble to
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 21, 2014

That depends. If you were just there and not involved in the theft, then you shouldn't be held criminally liable.

1 Answer | Asked in Criminal Law for Texas on
Q: Texas, son is in jail. 2 DWI 2 DWLI,1 Drug Paraphernalia, 1 Assault with a deadly weapon. Can he get out on PR Bond?

He will have been in jail 60 days on his court date July 10th 2014. He has a public defender. Girlfriend went and signed non prosecution affidavit, state picked up charges.

Christopher M. Lankford
Christopher M. Lankford
answered on Jul 21, 2014

Not likely. However, he may be able to get released or have his bond reduced if he is not indicted within 90 days.

1 Answer | Asked in Criminal Law for Texas on
Q: I was not advised of my grounds to appeal my criminal case. I recieved ineffective assistance of counsel and was wrongly

charged. I had stronge evidence proving that the DA was incorrect with there story. Is there a law stating that your counsel has to advise you of such appeal?

Christopher M. Lankford
Christopher M. Lankford
answered on Jul 21, 2014

Yes. You should contact an appellate attorney about filing what we call a "Writ."

1 Answer | Asked in Criminal Law for Texas on
Q: Can a husband and wife be charged for the same drug trafficking case?
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 21, 2014

Yes. However, whether both are criminally liable would depend upon the facts of the case.

1 Answer | Asked in Criminal Law for Texas on
Q: I was charged with a dwi in MO but live in texas. No prior record at all. What am I looking at for fines or time

Was held for 24 hrs and released with no charges. Charges were filed a week later.

Christopher M. Lankford
Christopher M. Lankford
answered on Jul 21, 2014

This question should be asked to a Missouri attorney. DWI laws vary greatly between states and Missouri law will apply.

1 Answer | Asked in Criminal Law for Texas on
Q: How to handle a class a misdemeanor charge?
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 21, 2014

I would strongly suggest hiring an attorney. A Class A misdemeanor is punishable by up to a year in jail, so it should not be taken lightly.

1 Answer | Asked in Criminal Law for Texas on
Q: Will dwi from Louisiana show up in Texas
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 21, 2014

Yes. If this is pertaining to a new criminal case, then a background check will be ran through the FBI database and priors will show up.

1 Answer | Asked in Criminal Law for Texas on
Q: A store filed charges for theft against me later they dismissed, can I file charges against them

It was 11 months ago

Christopher M. Lankford
Christopher M. Lankford
answered on Jul 5, 2014

Not likely. It is a criminal offense to make a false statement to police, but short of that, an offense probably wasn't committed.

1 Answer | Asked in DUI / DWI for Texas on
Q: Husband got a DUI 7 years ago in Arizona. Can he apply for a DL in Texas? If not what about a Occupational TDL?
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 3, 2014

Yes, assuming there are no active suspensions in Arizona. If there are, then he can apply for an Occupational Driver's License while he is trying to clear up the Arizona suspensions.

1 Answer | Asked in DUI / DWI for Texas on
Q: Are there statute of limitations on dwi
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 3, 2014

Yes. Two years for misdemeanor DWI.

1 Answer | Asked in Criminal Law for Texas on
Q: My boyfriend was charged with assault/bdly harm, what kind of time does this charge hold and is there something I can d?

I told the police he hit me and he tried to choke me with a belt but its not as serious as it sounds

Christopher M. Lankford
Christopher M. Lankford
answered on Jul 3, 2014

Assault against a family member with choking/impeding breathing is a 3d degree felony punishable by 2-10 years in jail. However, it is often just charged as a misdemeanor punishable by up to a year in jail.

If you do not wish to press charges, speak to an attorney about filing an Affidavit...
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1 Answer | Asked in Criminal Law for Texas on
Q: My fiancé was arrested with charges of assault and bodily injury because I call police how can I drop the charges?

He was charged with assault and strangulation but the charges are over board because I was not hurt and could breath fine and didnt need to go to the hospital, what kind of sentence does this charges hold with a probation violation

Christopher M. Lankford
Christopher M. Lankford
answered on Jul 3, 2014

Assault against a family member with choking/impeding breathing is a 3d degree felony punishable by 2-10 years in jail. However, it is often just charged as a misdemeanor punishable by up to a year in jail.

If you do not wish to press charges, speak to an attorney about filing an Affidavit...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can a theft 50-500 be dropped if the Miranda rights were not read at time of arrest?
Christopher M. Lankford
Christopher M. Lankford
answered on Jul 3, 2014

Failure to have your Miranda rights read to you means that any statements or confessions you made while in custody cannot be used against you. Whether the case is dismissed will depend on if there is any other evidence besides your confession that can be used against you (i.e., witnesses). If so,... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Does a convicted felon have to have miranda warning read to him?
Christopher M. Lankford
Christopher M. Lankford
answered on Jun 27, 2014

You must have your Miranda rights read to you prior to any custodial interrogation. This means that, regardless of your criminal history, after an arrest you must be read and waive your Miranda rights before being questioned. If this isn't done, then your statements cannot later be used against you.

2 Answers | Asked in Criminal Law for Texas on
Q: where can I access public criminal records?
Christopher M. Lankford
Christopher M. Lankford
answered on Jun 27, 2014

Attorney Snyderman has posted an excellent resource for Texas. You may also use public searches like http://publicdata.com/

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1 Answer | Asked in Criminal Law for Texas on
Q: I pled guilty to a misdemeanor Dwi. I have now been indicted for the same dwi 2 months later. Is that double jeopardy?
Christopher M. Lankford
Christopher M. Lankford
answered on Jun 26, 2014

If it is the same incident, then yes. Contact a local attorney to look into this matter for you.

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