Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Anna Summersett
3 Answers | Asked in Criminal Law for Texas on
Q: I was arrested and charged with resisting arrest by itself. My lawyer mentioned a deferred adjudication and

non disclosure after two years but I googled it and wondered if I was eligible immediately after finishing probation

Anna Summersett
Anna Summersett
answered on Dec 12, 2014

You are not immediately eligible after finishing probation unless you are accepted into a pre-plea diversion program where your case is dismissed or you are acquitted of the offense upon a bench trial, jury trial, or finding of no probable cause. However, if you already have an attorney, you need... View More

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Does the crime have ti be a felony to obtain a search warrant to search a house?

If you have probable cause to be leave that a misdemeanor theft has occurred and the item is in a house.

Anna Summersett
Anna Summersett
answered on Dec 12, 2014

No. A search warrant can be obtained to search your home even on misdemeanor cases. That does not mean, however, that the search warrant cannot be later challenged for lack of probable cause. You will want to contact a local, experienced criminal defense attorney immediately for consultation.... View More

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: If I'm on parole and picked on assault charges Ive been in jail for 6mo w/I begin indicted. How long can they keep me

My attorney hasn't came to see since I been in jail. Also my parole officer will not tell me anything

Anna Summersett
Anna Summersett
answered on Dec 11, 2014

If you are on parole then you may be held on a parole violation until you meet with the parole board. The DA's Office will have a certain amount of time to indict your case depending upon the degree of assault. This could be aware from 15 days to 180 days. At that point, if no charges are... View More

2 Answers | Asked in Criminal Law for Texas on
Q: If my lawyer dies and he has been paid in full what do I have to do
Anna Summersett
Anna Summersett
answered on Dec 11, 2014

Unfortunately, you will need to find new representation. Most attorneys engagements in criminal cases state that the legal fee is earned upon receipt due to the often immediate nature of the work. Research and contact an experienced criminal defense attorney in your area for a consultation.

View More Answers

2 Answers | Asked in DUI / DWI for Texas on
Q: Can I sue my spouse's employer for requiring that he attend a Dec 24 "Christmas Party" that resulted in a wreck and DUI?

The party was only open to :male" employees at the management level, and they have provided a "loan" to my spouse for attorney's fees, not for the repair of my totalled vehicle...furthermore, they own a British Pub restaurant concept and should know better, and have employee... View More

Anna Summersett
Anna Summersett
answered on Dec 11, 2014

This is really a civil law and employment law question, not a criminal defense DUI question. You should redirect this question to that portion of the site. However, if your husband is facing a DWI charged in Texas, he should have contact a criminal defense attorney for representation. Good luck!

View More Answers

1 Answer | Asked in DUI / DWI for Texas on
Q: Is a warn on an ignition interlock a probation violation?

I havent drank in 16 months. the warn occured because i used air sanitizer. i then realized it contains sd alcohol 40-b . i didnt start the car instead i opened it up let it air out till i couldnt smell it anymore then it passed. i havent been able to sleep at night im so worried. ive never had a... View More

Anna Summersett
Anna Summersett
answered on Dec 11, 2014

Your probation officer will receive a copy of your interlock report. They generally understand these machines needs to be calibrated and can have interference. However, you will want to meet with a local criminal defense attorney to determine if a Motion to Revoke your probation has been filed... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Can you do probatin and community service in pa if the probatin is for a crime in texas??????
Anna Summersett
Anna Summersett
answered on Dec 11, 2014

There are certain types of cases and certain lengths of probation which can be transferred. There is simply not enough information in your question to make that determination. Consult with a local criminal defense attorney today with the specifics on your case for assistance.

1 Answer | Asked in DUI / DWI for Texas on
Q: I have dui in Pennsylvania but have tx dl have not gone to court an this about 2 yrs ago

Could I pay fines or what can I do at this point needing to get cdl

Anna Summersett
Anna Summersett
answered on Dec 11, 2014

These are the basic requirements for a CDL in Texas http://www.dps.texas.gov/internetforms/Forms/CDL-4.pdf. There may additional discretionary factors considered in eligibly, for example a DWI. It is possible to obtain a CDL in Texas with a criminal history. The exact disposition of your case is... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I am a former NH resident. I was convicted in NH of DWI. Can I get a Texas DL now?

I was sentenced a 9 month loss of license, an obvious fine, and was supposed to take an impaired drivers course to get my license back. I never did the course as I have moved to Texas

Anna Summersett
Anna Summersett
answered on Dec 11, 2014

Texas DPS will usually be able to locate and consider your DWI convictions from other states. If you have a license suspension, you will be advise what courses (Like the DWI Education Course) you will need to complete to obtain your license. In the meantime, consult with a local attorney about... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I have a dwi do i qualify under obamas new executive order?

Also a childhood arrival.

Anna Summersett
Anna Summersett
answered on Dec 11, 2014

Your question is an immigration law menu and should be referred to that section of this website for an answer. As for your DWI, you will need an experienced DWI attorney in your area to consult with you about your options going forward. Do not simply accept a conviction as a forgone conclusion.

1 Answer | Asked in DUI / DWI for Texas on
Q: CAN SOMEONE TAKE MY HOME IF MY SPOUSE DRIVES DRUNK AND KILLS OR HURTS SOMEONE ELSE?
Anna Summersett
Anna Summersett
answered on Dec 11, 2014

Your answer is a civil matter and should be referred to the civil section of this website for an opinion. As for your spouse potentially committing intoxication assault or intoxication manslaughter, he will need a criminal defense attorney immediately for representation. He could be facing up to... View More

2 Answers | Asked in DUI / DWI for Texas on
Q: Can i file for an occupational license (3rd DUI) myself?
Anna Summersett
Anna Summersett
answered on Dec 11, 2014

You can always represent yourself Pro Se. However, this is not recommended as navigating criminal law, hybrid civil law, and administrative proceedings can be complicated. Speak with a local criminal defense attorney who regularly handles these matters for a consultation. Make sure it is done... View More

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: What can I write to a prosecutor to drop my no insurance charges from 2008

I had two charges no license and no insurance. I just finished paying my no license charge when I heard there is a way to maybe dismiss the other one.

Anna Summersett
Anna Summersett
answered on Dec 10, 2014

It is best to contact a criminal defense attorney in your area to review your case and discuss the best options for negotiating with a prosecution. A good attorney will have the experience and skill you need to receive the best outcome in your case. Good luck!

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: How long would a judge give a inmate for a poss cs pc2 gram
Anna Summersett
Anna Summersett
answered on Dec 10, 2014

Possession of a Controlled Substance Penalty Group 2 Under 1 gram is a State Jail Felony punishable from 180 days to 2 years in the State Jail and up to a $10,000 fine. You will want to consult with an experienced, local defense attorney immediately to see if jail time can be avoided.

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Can the police , detain and question a minor with no parent there ? In texas
Anna Summersett
Anna Summersett
answered on Dec 10, 2014

Officers are supposed to inform a parent upon arrest of a juvenile. However, for purposes of criminal responsibility, juvenile and minor are different. Minors 17 years of age are held responsible as adults, not juveniles. If your minor child is under investigation, contact a local defense... View More

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: Earlier this month a law was declared unconstitutional. What steps do I take to petition the court for dismissal?

I was convicted for Inproper Use of Photographic Equipment. The Texas Criminal Appeals Court has declared that law unconstitutional. I would like to begin steps to have that conviction removed.

Anna Summersett
Anna Summersett
answered on Dec 10, 2014

You may consult with a local attorney to evaluate your case and determine which section of that statute you were convicted of and if it falls under the section of the statute which was declared unconstitutional. They may then be able to evaluate your post conviction remedies.

2 Answers | Asked in Criminal Law for Texas on
Q: I would like to know at what point can an examining trial be requested if a case has not been filed?

The arresting officer deemed the charge as a Misdemeanor, but was changed, somehow, to Aggravated Assault wi a deadly weapon, somehow, based on hearsay evidence.

Anna Summersett
Anna Summersett
answered on Dec 10, 2014

If no case has been filed or indicted then the court will not have jurisdiction to conduct an examining trial. Call a local defense attorney today for a free consultation. Aggravated Assault with a Deadly Weapon is a serious felony offense with the potential for serious felony time. Don't... View More

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Who is the cheapest defense lawyer in Fort Worth,Texas ?

With authorization in Denton County

Anna Summersett
Anna Summersett
answered on Dec 9, 2014

The cheapest defense attorney is yourself, Pro Se. But that is just about as good of an idea as bargain shopping for someone whose experience in criminal law, negotiation talent, and trial skills determine your liberty. Best of luck!

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: What is an order of dismissal for want of prosecution?
Anna Summersett
Anna Summersett
answered on Dec 9, 2014

Failure of the district attorney's office to pursue a case within the statute of limitations will necessitate a dismissal for want of prosecution. If your case has been dismissed, you may be eligible for an expunction to get the case off your record. Call a local, experienced criminal defense... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I was charged w possession and fact is the girl whom I'd pickup ran from scene at which time she disposed of thedrugs

Sum were near my car.I'm thinking of filing for an examining trial is this a good reason and time to do so? Case not a week old

Anna Summersett
Anna Summersett
answered on Dec 9, 2014

You need to contact an experienced criminal defense attorney as soon as possible. A grand jury investigation and motion to suppress are certainly in order. If you were illegally stopped then the drugs may be suppressed as illegally obtained. If there was no probable cause that you were in... View More

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.