Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Anna Summersett
1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Am I able to contact my boyfriends lawyer relating to dropping restraining order against me?

I have filed a restraining order but no longer feel threatened or have fear that this will happen again. I would like to help him get this case dropped.

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

You are able to contact the attorney, but your boyfriend cannot contact you. Once a charge is filed, the State becomes a victim in the case as well. As such, your desire to drop the charges will be persuasive, but not the deciding factor in the case. You can learn more about dropping assault... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Motion for prior not to be use against u in a , new case
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

If you have a prior conviction that can be used for punishment enhancement purposes, it is possible to quash the enhancement paragraph if there are fatal defects in the information/complaint/indictment. Moreover, the State has to prove the enhancements are true. They can do this in a number of... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Texas on
Q: My dad is doing 6m at a state jail for 2 felonies. Is there a chance he won't get deported? After serving his time.

The felonies were a DUI and something along the lines of stolen property.

He was born in Mexico. A non US citizen.

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

Any felony conviction comes with a warning of deportation. It is possible, though very difficult, to fight this. You will need to contact an expert immigration attorney to work toward this goal. You can learn more about the process here... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: My husband was arrested in August and they classed it as a 2nd dwi misdemeanor. The judge released him on a pr bond

The next day due to not enough evidence. Now he has an appearance on March 23 and they have it as a 3rd or more dwi third degree felony. His last 2 dwi a were in 03 and 04. He has served a 2 yr and an 8 yr prison sentence for assault charges. Can they revoke the or bond? He went ant got a blow... Read more »

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

If your husband is currently on a PR bond then he will have to appear in court to answer for his charges. If he has two or more prior DWI convictions, then a subsequent DWI arrest should be filed as a DWI - Third or More. This is a Third Degree Felony. If he has previously been to the pen once,... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: What is the statue of limitations for dwi with a child under 15 in tx
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

The Statute of Limitations for a Felony DWI w/person under 15 years of age is 3 years. You can learn more about this limitations period at https://www.versustexas.com/criminal/statute-of-limitations/.

1 Answer | Asked in DUI / DWI for Texas on
Q: What is the statue of limitations for a DWI in Texas

I was arrested on March 20th 2015 and had not heard anything from the courts. recieved a letter stating that i have to e in court on March 28th for arraignment and pretrial even though it has een more than 2 years since my arrest. What can I do?

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

The Statue of Limitations for a standard Class B Misdemeanor DWI is 2 years. There are several things that could toll the limitation period: an active arrest warrant or case filing for example. If you were called for court March 28th, it is likely your case was filed sometime before that date.... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: In Texas a third dwi with no injuries, children, and no others involved how can you be charged with a 2nd degree felony?
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

It is possible for a third degree felony to be enhanced to a second degree felony if the person charged was previously convicted of a third degree felony offense or higher and served pen time as a result. This is called a Repeat Offender Notice. You can learn more about punishment enhancements on... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: The 2 yr statute of limitations for 1st offense dwi. Does it start at my offense date of 9/14/14, or conv 4/7/15?
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

The Statute of Limitations is the amount of time the State has to file a case for a particular offense. In DWI cases, it is 2 years. If your case was filed within that two year time limit, then there is not a defense pursuant to the Statute of Limitations. As it appears, per your question, that... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: If you have probation in Newton, Tx and within a few months after signing they get pulled over for another dui? Outcome?
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

One of the most important conditions to any probation is to not commit an offense against this or any other state. A DWI or DUI arrest is an allegation that a new offense was committed. Upon learning of this arrest, the Court may sanction your probation and reinstate, but more likely the State... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I was put on probation for DWI in I had violated trying to see how I can get reinstated
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

If you are alleged to have violated your probation, the Court will either pursue a sanction and reinstatement on probation or the State will file a Motion to Revoke your probation. Upon filing, the Court may issue a warrant for your arrest for you to be held at no bond until your hearing on the... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: My boyfriend got a DWI in comal county over 25 months ago. He has a breathalyzer, he

Gets it calibrated every month. He checks in religiously with the bail bondsman. The DA won't provide any discovery to the attorney. He can't get answers and they are calling him in for a plea next month. What are his rights for a speedy trial? How can they prosecute when they won't... Read more »

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

This sounds like a difficult situation. You will want to make sure your attorney has made a timely request for discovery under Article 39.14 of the Code of Criminal Procedure. Upon such request the State must provide discovery as soon as practicable. You can learn more about the Michael Morton... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I get off probation early? My PO is a jerk and I've complete all my terms and conditions and paid all fines.

I get off Probation in October 2017. I have done everything that is expected of me. All fines are paid. I have the breathalyzer on my car and thought it was supposed to come off in May. My pro bono attorney won't return my calls. Can you please help?

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

Unfortunately, there is no early release for DWI probation in Texas. However, you could request pro forma release. This simply means you would remain on probation, but that probation would be non-reporting. You wouldn't have to continue to pay probation fees or report to a probation... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Will a speeding ticket get reported to a PO If it was in another county and he wasn't driving his vehicle (interlock)?

He has an interlock system in his car and was driving my car. Does it get reported to his probation officer automatically since the speeding ticket was in another county? Is there any way for his probation officer to find out if it doesn't get reported? This is a second offense for him.

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

Class C traffic tickets are generally not used as reasons to revoke someone's probation. However, failure to install an interlock is. It would be unusual for such a stop to be reported, but you need to prepare for the worst. Have an interlock installed immediately if able. This will help... Read more »

1 Answer | Asked in DUI / DWI and Probate for Texas on
Q: received violation on probation got letter from the district attorney stating a revocation hearing. Still on probation?

DWI first time probation or pre trial diversion for DWI. Received a minor in consumption ticket while on the program. Probation officer filed a motion to adjudicate. District attorney filled the motion to adjudicate. Court date has been set. Am I still on probation at this point or am I now off... Read more »

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

I am sorry to hear of the alleged violation. You are still on probation until your probation term has ended or has been revoked for violations a new sentence imposed. Any failure to comply with your probation terms during this time could result in additional evidence to revoke your probation.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can you get arrested if you refused to paid a bill that you're think it's not right ( did sign the agreement) thanks
Anna Summersett
Anna Summersett
answered on Dec 22, 2014

I don't quit understand your question, but am happy to help. If you are referring to refusing to pay a bill, there could be a charge of Theft of Service. Call a local, experienced criminal defense attorney today.

1 Answer | Asked in Criminal Law for Texas on
Q: I need help. My son is 17 years old. He was arrested by school police for supposedly assaulting a police officer

He was arrested for supposedly resisting arrested and assault on a police officer in school grounds. Some student swerve going fight when he was there like all these other student wanting to see a fight. He was taken to the office by principal for questioning when they said he was not part of the... Read more »

Anna Summersett
Anna Summersett
answered on Dec 22, 2014

That sounds like a terrible situation and I know it must be difficult to hear of your son going through something like this. You will need to contact a local, experienced criminal defense attorney immediately. At 17 years old, your son is an adult for criminal responsibility purposes in the State... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: def. adj. prob. deadly conduct/handgun. will my record be auto. immediately clean when completed in Texas?
Anna Summersett
Anna Summersett
answered on Dec 17, 2014

It will not. You need an attorney to file a petition for non-disclosure. If granted your record will not be disclosed to anybody except for law enforcement and certain state agencies. Contact a local, experienced defense attorney today for assistance as the process for eligibility is quite... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: is it legal to bust in to a hotel room whith out letting the guest lknowong and while thwre sleeping
Anna Summersett
Anna Summersett
answered on Dec 16, 2014

In certain situations, a hotel manager may provide law enforcement with consent to search an area of the hotel, even hotel rooms. However, if you verbally stated you did not consent to search when the police where there then a judge may rule their continued search illegally. Of course, a search... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Please define "A Defense to Prosecution"; what does this mean and what does it encompass?
Anna Summersett
Anna Summersett
answered on Dec 16, 2014

It is a legal defense to being prosecuted for the the commission of a crime. There are multiple different types of defenses and they differ depending upon the crime alleged. You will need to consult with an experienced, local criminal defense attorney about your situation.

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: I purchased a handgun several years ago. My violent ex felon boyfriend took the gun and refuses to give it back to me.

What do I do? I don't want to incriminate him but I want to protect myself and not land myself in jail.

Anna Summersett
Anna Summersett
answered on Dec 16, 2014

Based upon your fact scenario he is the convicted felon, not you, which means he likely just committed Unlawful Possession of a Firearm by a Felon, not you. Additionally, he committed the offense of Theft of a Firearm by taking your weapon without consent. Unless you are participating in the... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.