answered on Dec 27, 2022
If it was dismissed, you are *probably* eligible for an expunction.
An expunction is a legal procedure that results in all records of the arrest being destroyed. Once your expunction is done, criminal records searches should not show a record of the arrest (right now it likely shows that... Read more »
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.
I have looked up several and none of them are actually probomo
answered on Jul 28, 2022
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 »
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?
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 »
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?
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 »
Nothing happened just name calling from me.
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.
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 »
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 »
Need to wait until next paycheck to afford first week, it’s most expensive
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 »
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 »
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