Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jose A. Ceja
1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: If I don't want a protective order can I have it removed even if a office put the order
Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on Oct 17, 2022

Yes. A magistrate's order of emergency protection (MOEP) and/or bond conditions can be modified. Typically the judge will want to hear from the complaining witness. You should consult with a criminal attorney before attempting to do anything on your own.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Texas on
Q: Where can I find a probono attorney in the collin county area?

I have looked up several and none of them are actually probomo

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on Jul 28, 2022

Hello-

If you can't afford a lawyer, your best bet may be to ask the court to appoint you an attorney. Typically the court will want you to fill out some paperwork swearing that you are indigent (have no money). Very few attorneys advertise themselves as "pro bono" and I...
Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I be convicted of a third degree felony on a second DWI conviction?

I am being charged with a third degree felony DWI.

With my first two charges I was only convicted of one. Can they convict me of a felony even though I only have one CONVICTION on my record?

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on Jun 16, 2022

If no special aggravating circumstances are being alleged (for example, that someone was seriously injured in an accident resulting from your alleged DWI), and you are charged with regular DWI, then the State needs to prove that you have two prior CONVICTIONS. You can be charged with third-degree... Read more »

3 Answers | Asked in DUI / DWI for Texas on
Q: Can my 3rd degree felony DWI charge be reduce Class A misdemeanor?

I am being charged with a 3rd degree felony. It is the third time I have been stopped for a DWI. With the first two I was only convicted for one. Is there a chance that the felony can be reduced back to a Misdemeanor during trial?

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on Jun 14, 2022

A DWI third can be reduced to a Class "A" misdemeanor. This isn't uncommon at all. It will help if you don't have significant criminal history and lawyer has a good plan for attacking the evidence. Often, you won't get an offer like this unless your lawyer is willing to set... Read more »

View More Answers

2 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: I cussed a doctor in his office can he file a complaint like he said he was?

Nothing happened just name calling from me.

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on Jun 5, 2022

If this was a one-time incident and you did not threaten to harm him physically then it is unlikely that you would be facing any criminal charges.

View More Answers

2 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested for dwi in Texas while I was in parked in front of my off street apt. Police called for me playing music

Police were dispatched to my apt where I was cleaning my vehicle listening to music in front of my small apartment fir noise complaint.

This is a home that has been converted into three small apartments. To access my place one must turn down an entrance that is not easily accessible from... Read more »

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on May 31, 2022

"Operating" a motor vehicle is not a defined term in Texas so courts look at the "totality of the circumstances" to decide whether a person was really in control of a vehicle.

Sitting in your car and operating the radio is probably not operating. But most prosecutors...
Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Washington on
Q: Is it possible to change the date I’m supposed to get scram ankle monitor by?

Need to wait until next paycheck to afford first week, it’s most expensive

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on May 25, 2022

It is possible to get an extension but if the court gave you a deadline by which this was to be done, you must get it by the date or your bond could be revoked. A criminal defense attorney can ask your judge for an extension, or possibly get the court to waive the cost (which is sometimes done in... Read more »

2 Answers | Asked in DUI / DWI for Texas on
Q: I have a class a dwi first offense in Texas what is the shortest jail sentence I can serve for this
Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on May 25, 2022

A time-served is essentially the judge sentencing you to the time you were *already* in jail as your sentence, with no further jail time required. Unlike a repeat DWI, this is an option for a first-time DWI. You should note that by law, a "time-served" carries a driver's license... 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.