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
I would add that having a breath/blood test is not the only way to prove a DWI/DUI. In the State of Texas intoxication may also be proven by proving beyond a reasonable doubt that a person lost their normal use of their physical faculties or mental faculties by the introduction of alcohol or drugs...Read more »
There are a lot of factors...some examples, are the amount of drugs, the amount of cash in your possession, if you had anything that indicates that you would be selling like individual bags or scales. Nevertheless, you are presumed to be innocent. Try to hire the criminal defense lawyer you feel...Read more »
At arraignment th police report says that I was stopped for no seatbelt .I was charged with DWI he claims the oder of alcohol and glossy eyes. On the way out I stopped at traffic ticket office and there is no seatbelt ticket under my i.d Was that a lawful stop?
The no seatbelt reason is the probable cause for stopping you. A police officer does not write the ticket for the no seatbelt because a DWI is a more serious crime. Nevertheless, a judge may find that the probable cause was not reasonable. Hopefully, you landed in a friendly Houston Harris County...Read more »
Unfortunately, even if you would have satisfactorily completed your probation you would not have been eligible for an expungement. On the other hand, if you would have satisfactorily completed a deferred adjudication you may have qualified for a non disclosure. A non disclosure only “erases”...Read more »
That is a misconception in Harris County, Texas. The days spent are not counted 2 for 1 towards the State Jail sentence. Nevertheless, the State Jail facility may provide up to a 20% reduction to the sentence. Also, you get credit for every day that someone was in custody.
The assault charge you mention typically has a range of punishment of 2-10 years in TDC. If he has one prior TDC trip it can be increased to 2-20 years. If he has two separate TDC trips he could be facing 25-life. I want to be clear that I am not saying he will do the enumerated time. In fact, he...Read more »
I found her parole conditions and she really didn’t take any of the bullet points seriously. Is there any chance the judge will still grant her probation? Or would she have to serve out her guilty verdict of 5 years?
I was making payments and showing up to my appointments until my p.o got fired . I never got reassigned and my calls never got a call back. I got pregnant lost my job and stopped making payments . Now i received a court letter saying i need to show up to court . I have a newborn I’m scared I’ll... Read more »
I got my first DUI , my first offense and they put me on the PTD program , i showed up. signed in made payments until my probation officer was let go. I never got reassigned a new one and would still show up i only had 230 left . I was pregnant and lost my job and just had my newborn this month but... Read more »
I am assuming the two of you engaged in some type of sexual relationship. Unfortunately, as the law stands today the answer is yes. Despite her deception she is unable to consent to the sexual intimacy with you because of the age difference. You should contact a lawyer asap to help you moving...Read more »
i have been on probation for 11 months and on a call in system every single day since i started.. Never failed my in car breathalyzer, UA or alcohol test... have been getting tested AT LEAST once a month, the last three months have been twice.. In January I will be going for my third random test..... Read more »
I have a class A misdemeanor assault causing bodily injury from 2015. The victim is now in prison for assault with a deadly weapon. Which no one believed happened to me at the time due to lack of evidence that I was attacked. I did defend myself that’s why I pled guilty to assault. The victim was... Read more »
If your case was dismissed you qualify for something better than a non a disclosure. It is called an expungement. It is better because the Government will ordered to remove and destroy all your records pertaining to that arrest. A non disclosure allows the Government to keep your records, but keeps...Read more »
Please note that once a person turns 17 they are considered an adult in Texas. A mutual fight is typically not a crime. Nevertheless, if one person goes too far with the assault or takes out a deadly weapon during an assault that started without weapons it could rise to the level of a crime.
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