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Questions Answered by James Michael Yanney
1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for Texas on
Q: Is there a way to fight this?

The police arrested me for a burglary of an inhabitants charge while removing jointly owned property from a motel room. When they got me to the facility they found a tiny bit of pot on me that I had found in the room. Arresting me for burglary was erroneous. But can they drop the burglary charges... Read more »

James Michael Yanney
James Michael Yanney answered on Jul 20, 2020

Hello,

In some instances, there may be arguments to be made that roughly follow your line of logic. However, the actual law is quite a bit more complex than "if Charge A is bad, then Charge B is also bad".

You should contact a competent attorney as soon as possible to...
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2 Answers | Asked in Constitutional Law and Criminal Law for Texas on
Q: If a police report is taking a long time to become public, is that normally a good or bad thing?

My friend was arrested in February and they tell her that her police report isn't ready yet when she tried to get it. Is this a good or a bad typically?

James Michael Yanney
James Michael Yanney answered on Jul 16, 2020

Hello,

Sorry, you may not like this answer but it the truth. As a former prosecutor, I can tell you that law enforcement is not under an obligation to turn over any materials until their investigation is complete and the prosecutor has made a decision on the case. I'm sorry to say it...
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3 Answers | Asked in DUI / DWI for Texas on
Q: Without any blood test, breathalyzer or field sobriety can they still convict a DUI?

Incident is over 2 years ago and all they have is body cam footage of car being off the side of road and suspect being belligerent. Is that enough evidence alone for a conviction? No prior DUI's before this

James Michael Yanney
James Michael Yanney answered on Jul 16, 2020

Hello,

If the allegation is merely that the driver was intoxicated, the short answer is yes it is possible. It will depend on how the jury feels about the video and other testimony. The State will attempt to show the driver was intoxicated ("drunk") through "loss of normal...
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3 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Miranda Rights read but person wasn't arrested.

How typical is it for a person's Miranda Rights to be read but then the person isn't arrested that day? The person was later arrested. Is this normal or does it have some other implication?

James Michael Yanney
James Michael Yanney answered on Jul 20, 2020

Hello,

Miranda Warnings are often given to any person police seek to interview. Many persons may be interviewed in a case. In my experience I would not draw any implications from it. You should seek to retain a competent defense attorney to best discuss how to pursue justice in your...
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2 Answers | Asked in DUI / DWI for Texas on
Q: I had a DUI with child pass under 15 back in 2006 I think.im wanting to what type of felony it is

Will it be on my record forever and does this keep me from owning a firearm.i just didnt know if after so long after my dui charge I could own a firearm.i did a dumb mistake years back and its affected my whole life.

James Michael Yanney
James Michael Yanney answered on Jul 16, 2020

Hello,

I am sorry to hear this has continued to affect you. We are all more than our worst moments. You need to inquire with an attorney about what your options in terms of what can be done. Every situation is different but the legislature has, in certain situations, allowed for the...
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