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Questions Answered by Anna Summersett
1 Answer | Asked in Criminal Law for Texas on
Q: im on deffered probation, can my probation officer see me every week instead of every month?
Anna Summersett
Anna Summersett
answered on Dec 9, 2014

When you are on deferred adjudication probation, you are subject to the conditions recommended by the probation department and approved by the judge of your court. An experienced criminal defense attorney may seek to amend these conditions or apply for early release. Call a local attorney for a... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: do i have a right to get copies of all the evidence against me.
Anna Summersett
Anna Summersett
answered on Dec 9, 2014

You may obtain some public records through a public information act request. However, the police and district attorney are not required to provide information that could compromise an ongoing investigation or prosecution. In some counties, there are open file policies and all criminal... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I get pullover and the cop want to search my car. but I got my dog with me, can he search my stuff?

I'm in texas and he did not search my car I told him No and I was clearly videotaping him

Anna Summersett
Anna Summersett
answered on Dec 9, 2014

An officer can search your vehicle with your consent, probable cause you committed an offense in his presence, a search warrant, or certain exigent circumstances. If your vehicle was searched illegally, an experienced criminal defense attorney can file to have any contraband located during the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: HOW TO FILE A MOTION TO RESET PRE SET

pUBLIC INTOXICATION NO BREATHALIZER GIVEN

Anna Summersett
Anna Summersett
answered on Dec 9, 2014

If you were arrested for public intoxication and charged with the Class C Misdemeanor, you will want to speak with a local criminal defense attorney about representation. The municipal court can be tricky to maneuver if you do to have experience negotiating with prosecutions, understanding the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: is it legal for a cop to hold your property in his vehicle and your insurance after you are aressted and booked
Anna Summersett
Anna Summersett
answered on Dec 9, 2014

Upon arrest for a criminal offense, an officer can hold and book into property personal belongings on your person or within your immediate reach, anywhere contraband is locating, or property you consent to. This can include purses, wallets, bags, etc. Once this property is booked into the jail,... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can someone move to Canada if they have a felony

Theft by check 1300 dollars all time served

Anna Summersett
Anna Summersett
answered on Dec 9, 2014

Whether you are eligible to leave the county, state or country, is dependent upon your probation, parole or reporting conditions. Theft under $1,500 is generally a misdemeanor offense unless you have prior theft convictions which enhance you to a felony. Some Theft by Check cases are considered... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can i get court records for an uncle of mine who is incarcerated? Texas.
Anna Summersett
Anna Summersett
answered on Dec 9, 2014

There are public records available online or with the District and County Clerk in the location you need them. District clerk is for felony cases. County clerk is for misdemeanor cases. If your uncle needs to challenge his conviction or sentence through appeal or post-conviction writ, contact an... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I have power of attorney for friend who has first DWI. Did not know what to do. How can I get him out- in 4 weeksalread?

BAC was .15, fine was 397.

3 months seems too long for a first DWI. The sheriff said I could talk to the judge????

Anna Summersett
Anna Summersett
answered on Dec 9, 2014

You need to hire an experienced DWI criminal defense attorney immediately. The maximum jail time for a first DWI is 180 days. The maximum jail time for a DWI with BAC > .15 after September 1, 2011, is 1 year. There is no reason your friend should receive the maximum punishment. Unless you are... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: If i got a dui in Hawaii back in December 2010 and my license got revoked do I just need to pay my fines to get it back
Anna Summersett
Anna Summersett
answered on Dec 9, 2014

If you are looking to reinstate a Hawaii drivers license, then you will need to check with an attorney licensed to practice law in Hawaii. If you are looking to obtain a Texas drivers license, then contact an attorney who can make sure your surcharges are paid, suspensions lifted, and DUI properly... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: reinstate drivers license

I got my first dui in texas two years ago. My license was revoked. How can I get it back? I'm a mechanic and can't get any job at all without a license

Anna Summersett
Anna Summersett
answered on Dec 9, 2014

In Texas a DUI is only for persons under the age of 21 with any detectable amount of alcohol in their system. DWI is for all persons who drive while intoxicated. Only certain DWI dispositions come with a license suspension, though your license can be suspended for refusing to provide a sample of... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I got a DUI in Colorado but have license in Tx does that disqualify me from getting a CDL in Tx
Anna Summersett
Anna Summersett
answered on Dec 9, 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... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: DUI back in 1994. Today, my 15-yr old will soon have driver's permit. Can I help her with her behind the wheel training?
Anna Summersett
Anna Summersett
answered on Dec 9, 2014

A DUI in Texas is for persons under the age of 21 with any detectable amount of alcohol in their system. A DWI in Texas is for person of any age who are driving while intoxicated. DWIs can be misdemeanors or felonies depending upon the facts and your history. Regardless, if your case is already... Read more »

2 Answers | Asked in DUI / DWI for Texas on
Q: My husband got a DUI 1 & 1/2 years ago. There is an interlock device on the car. There have been no infractions

The judge requires monthly proof of insurance. He faxed it & was handed what was supposed to be confirmation, but he found out that it had not actually gone through. So, while the insurance payment was made early, the faxed proof got to the judge 2 days late as their fax machine was not working... Read more »

Anna Summersett
Anna Summersett
answered on Dec 9, 2014

The judge may require interlock on any vehicle your husband operates, regardless of who else operates it. If your husband is not driving, he can submit an affidavit of No Driving and the interlock may be removed from your vehicle and free for you to use at will. Also, your husband may be eligible... Read more »

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2 Answers | Asked in DUI / DWI for Texas on
Q: Dui as a minor, can this be used against me for dwi as an adult?
Anna Summersett
Anna Summersett
answered on Dec 8, 2014

If you were 17 years of age when you committed an offense, then you are considered an adult for purposes of criminal liability. Even though you are a "minor" in terms of voting, finances, parenting, etc, you are an adult in the criminal justice system. As such, even a DUI conviction... Read more »

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1 Answer | Asked in DUI / DWI for Texas on
Q: I was enhanced from 2 to 10 to 2 to 20 in 2004 for 3rd dwi but have a prior robbery conviction.just got another dwi

Is it up to the D.A. If they want to enhance me or not or is it mandatory I be enhanced? Three dwi's in Lubbock and this one here in ft worth.

Anna Summersett
Anna Summersett
answered on Dec 8, 2014

You will need to call a criminal defense attorney immediately. If you went to the penitentiary for the most recent DWI, you could now be facing a Habitual Charge. This is 25 years to 99 years or life and up to a $10,000. It is very important that you have a criminal defense attorney who regularly... Read more »

2 Answers | Asked in DUI / DWI for Texas on
Q: I got my first dwi in Texas, and I have 2 prior state felony drug convictions. will I be able to get probation?
Anna Summersett
Anna Summersett
answered on Dec 8, 2014

If you are a convicted felon, you are not eligible for probation. However, a prosecutor may, in their discretion, choose to offer you probation anyways. That is one reason it is so important to find and hire a criminal defense attorney who has experience as a criminal prosecutor. Call for a free... Read more »

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2 Answers | Asked in DUI / DWI for Texas on
Q: has the supreme court determined if a prior conviction used for increasing punishment is an element of the offense,

an element that requires a jury determination.

Anna Summersett
Anna Summersett
answered on Dec 8, 2014

Two jurisdictional priors in a DWI-Felony Repetition indictment are elements of the offense and must be proven beyond a reasonable doubt to the judge or jury unless plead to. If you are facing felony indictment, you will need to contact an experienced DWI attorney as soon as possible. Good luck!

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1 Answer | Asked in DUI / DWI for Texas on
Q: Are class c misdemeanors, in regards to DUI's, considered harmful to one's record?
Anna Summersett
Anna Summersett
answered on Dec 8, 2014

A DUI, Driving Under the Influence, conviction can be harmful to your record. The offense means you were under the age of 21 (legal drinking age in Texas) and had any detectable amount of alcohol in your system at the time of driving. This type of conviction is harmful to your record and can be... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Was there a case in Austin, Texas where a DWI case was dismissed based on affluency disorder?
Anna Summersett
Anna Summersett
answered on Dec 8, 2014

I believe you are referring to the Ethan Couch juvenile Intoxication Manslaughter case in Fort Worth. The defense is that cause for mitigation was "Affluenza" and was effective in getting the defendant probation for the deaths of four individuals. If you are facing a DWI, you will want... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Got DWI in AR, then 2 more in TX. Missed AR Court date. Will AR DWI count as 3 for here in TX?

SIL had a DWI in AR right before moving to TX. Went to jail, bonded out. While here in TX, she has had 2 more DWI. She is currently in jail, and because of this, she missed her AR court hearing. Will her DWI in AR count toward her strikes here in TX? She is also facing 3rd degree felony Proh... Read more »

Anna Summersett
Anna Summersett
answered on Dec 5, 2014

Only a final conviction for a DWI can be considered a "jurisdiction prior" to enhance her to a DWI Misdemeanor Repetition or a DWI Felony - Repetition. Because she is not currently convicted of her Arkansas DWI, it cannot be used to enhance her. It can, however, be used as punishment... Read more »

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