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Questions Answered by Grant St Julian III
1 Answer | Asked in DUI / DWI for Texas on
Q: I got a DWI when barely 21, 15 yrs ago in TX. Texas law says I can't expunge; what if I move out of TX?

Got DWI 3wks after turning 21. I am now 36, and dont even drink anymore. If I establish residence out of TX can I get it expunged from my record? It is -killing- my insurance rates even all these years later?

Grant St Julian III
Grant St Julian III answered on Mar 2, 2021

It is the final disposition of a case, not the passage of time, that determines eligibility for expunction. Moving out of the State will have no affect on this issue. What was the disposition of the case?

1 Answer | Asked in Traffic Tickets for Texas on
Q: if a police officer gives you a ticket but doesnt make you sign it, can it be dismissed?
Grant St Julian III
Grant St Julian III answered on Feb 26, 2021

Short answer is no, a citation will not be dismissed because the defendant didn't sign it.

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Is a weed container narcotic paraphernalia?
Grant St Julian III
Grant St Julian III answered on Feb 18, 2021

Texas Health & Safety Code Section 481.001 (17):

Drug paraphernalia" means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing,...
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1 Answer | Asked in Traffic Tickets for Texas on
Q: Can a ticket be dismissed if the officer didn't write a vehicle code of the violation,he just wrote out the offense
Grant St Julian III
Grant St Julian III answered on Feb 18, 2021

Short answer: no, your citation will not be dismissed on the basis you describe.

1 Answer | Asked in Criminal Law for Texas on
Q: Yes my boyfriend was arrested and charged with felony assault and battery charged but arkansas has a hold on him in ark

I have filed a affidavit of no prosecution where he is how long can tx hold him for extradition

Grant St Julian III
Grant St Julian III answered on Feb 18, 2021

The affidavit of non prosecution doesn't keep Texas from filing criminal charges. Did your boyfriend sign anything about a waiver of extradition? Call an attorney. Good luck

2 Answers | Asked in Criminal Law for Texas on
Q: I got out of prison in 2010. Can I purchase and own a handgun in Texas

My conviction was for grand theft. I was in possession of stolen property in excess of $1000

Grant St Julian III
Grant St Julian III answered on Feb 15, 2021

Federal law prohibits a convicted felon from ever possessing a firearm

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2 Answers | Asked in Criminal Law for Texas on
Q: I was arrested for assault on the elderly , my wife has filled out an affidavit of non prosecution do I need a lawyer

This was in October and epo allowed us to live together

Grant St Julian III
Grant St Julian III answered on Feb 15, 2021

The State can proceed with prosecution of a case even if thee complaining witness files an affidavit of prosecution. I suggest you contact the intake division of the District Attorney's office in the county where the event occurred and ask if the case is going to be presented to a Grand Jury.... Read more »

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2 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Can police legally unlock and search my glovebox without a warrant

I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... Read more »

Grant St Julian III
Grant St Julian III answered on Feb 15, 2021

Expired registration remains an offense in Texas which gives an officer the right to stop a vehicle. The odor of marijuana in the vehicle gives the officer the right to search the vehicle. Was the vehicle registered to you? There may be an affirmative link issue (it's a legal thing; get... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Hi. I was wondering what the laws were when it comes to being in a motel room.

Can the cops get permission to search a motel room from somebody that's in the motel room if it's not the owner of the motel room or not the person whose name is on the room?

Grant St Julian III
Grant St Julian III answered on Feb 6, 2021

Hotel management can authorize entry into any of the rooms on premises. Call your lawyer

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2 Answers | Asked in Criminal Law for Texas on
Q: When does the statue of limitations apply for perjury? A witness wants to recant but fear being charged
Grant St Julian III
Grant St Julian III answered on Feb 3, 2021

The statute of limitations applies all cases except the offenses listed in Texas Code of Criminal Procedure Article 12.01 (1).

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3 Answers | Asked in Criminal Law for Texas on
Q: I was arrested on 4/20/2020 for possession of controlled substance. Wasn't indicted till January 7 2021.

I was wondering what the statue of limitations is for filing an indictment. Also I have been requesting an attorney, court appointed, since I was arrested , and they have refused saying that I can't get a lawyer until my case is filed. I got a call on January 30 saying I have court on the... Read more »

Grant St Julian III
Grant St Julian III answered on Feb 3, 2021

The statute if limitations for the case you describe is three years from the date of the alleged offense.

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2 Answers | Asked in Criminal Law for Texas on
Q: Will he be able to beat this case if she admitted to lieng about her age and initiated it and had previous accusations
Grant St Julian III
Grant St Julian III answered on Feb 2, 2021

Have this conversation with your lawyer. I'm not exactly sure what "this case" is (although I can guess, and lying about age is not a defense)

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2 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: She's 16. She got into a fight. When I picked her up cop told me court date in mail. Why'd Iget Probation letter instead

She got no court hearing just charged with assault causes bodily injury it says. The one's pressing charges she didn't fight with. They jumped in on her and the mom. What can I do? Anything?

Grant St Julian III
Grant St Julian III answered on Feb 1, 2021

Bring the letter you received to an attorney. No one in this forum can comment on anything they can't review. Good luck.

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2 Answers | Asked in Criminal Law for Texas on
Q: I am currently on probation and my probation officer filed a motion to revoke. I now have a warrant out.

I have a warrant out for a motion to revoke that is pending. It says that I have a bond but it also says

Warrant Status: Other Active. What does this mean? I don't want to get there and not be prepared. I already have a bond set for the bond amount but I want to make sure I... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 22, 2021

Call your attorney asap

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1 Answer | Asked in Traffic Tickets for Texas on
Q: I live in TX. Got a tickt in GA. Ofcr mistakenly listed my address as GA. I tried to pay online, but am told to appear

I cannot afford to return to GA. What should I do?

Grant St Julian III
Grant St Julian III answered on Jan 14, 2021

Call an attorney in the county in Georgia where the ticket is pending and pose this question. I suggest contacting the Georgia State Bat for a list of potential lawyers. Good luck.

2 Answers | Asked in Criminal Law for Texas on
Q: I am seeking expungement representation from a drug felony conviction 15 yrs old.

I am currently enrolled in nursing program and of coarse will face hurdles getting hired. I was 24 now 40 yrs old with 2 children I am at the point that need to expand my professional career and pursue my dream. I have been with my current employer for 14 years, I am a home owner since as well and... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 12, 2021

Convictions cannot be expunged. The only way to remove this from your record is via pardon from the Governor.

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2 Answers | Asked in Criminal Law for Texas on
Q: Can an insufficient indictment be challenged on appeal under Texas law. Specifically controlled substance without naming

Without naming the controlled substance in the indictment

Grant St Julian III
Grant St Julian III answered on Jan 6, 2021

Any indictment can be challenged. Have this discussion with your attorney. Good luck.

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2 Answers | Asked in Criminal Law for Texas on
Q: Under Texas health and safety code 481.126 , if the indictment doesn’t name a substance nor a penalty group is it void
Grant St Julian III
Grant St Julian III answered on Jan 2, 2021

The indictment you describe isn't "void", but discuss this matter with your attorney to discuss its sufficiency. Good luck.

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3 Answers | Asked in Criminal Law for Texas on
Q: Letter from attorney saying i have a fine. Looked up the fine and its arrest warrant for theft in 2016 that I didn't do

The warrant is for theft under $100 from 2016. I have never stolen anything. The lady at the courthouse said the ticket was mailed to my old address. I never changed the address on my DL because I thought I was supposed to wait until my license expired to change the address. She also said someone... Read more »

Grant St Julian III
Grant St Julian III answered on Dec 30, 2020

Contact an attorney about posting a bond and setting this case for trial. Good luck

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1 Answer | Asked in Criminal Law for Texas on
Q: i got indicated manf.and deleveraging but iwas not in town and someone else got cought with drugs and said it was mine

they kicked my door in with a warrant that only had on it saying arrest warrent and judge signed nothing else they didnt arrest me for another week for that crime plus the officer that was in lead postion of crime was kick off the force . they indicted little over two yrs after will this hold up in... Read more »

Grant St Julian III
Grant St Julian III answered on Dec 29, 2020

No one in this forum can answer your question with any degree of certainty. I would bet the amount of evidence in the State's possession is more than the 4 lines of information provided in your question. Accordingly, without knowing the totality of the evidence in the case, it is impossible... Read more »

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