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Questions Answered by Phillip Wayne Goff
1 Answer | Asked in Criminal Law for Texas on
Q: If a person has an arrest record, but charges were never filed, how can they keep this record from showing up?

Arrested on hearsay, complainants never showed up for court, charges never filed. Still shows up in jail search records.

Phillip Wayne Goff
Phillip Wayne Goff answered on Mar 29, 2015

Expunction is the procedure to destroy or eliminate records relating to criminal charges. What you described may meet the requirements to qualify for expunction, but more information is necessary. If a person is arrested, but not formally charged in court, he/she may qualify for expunction. For... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is it against the law in tx for a 22 and 16 year old to date if there no sex involved in tx

I met a girl online and she laid about her age when I found out how old she was there was already alot of feelings are we aloud to date if no sex is involved I know she has to be 17 before we can do anything in tx but this girl mean so much to me I don't wanna let her go I just don't wanna become a... Read more »

Phillip Wayne Goff
Phillip Wayne Goff answered on Mar 28, 2015

Strictly speaking, the answer is yes. Good luck on convincing people you aren't having sex with her, though. If she claimed you had sex before she was 17, you could be in deep trouble. Most people I know likely wouldn't believe you, in my opinion. Nonetheless, in answering the question,... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: can the same felony enhancements that have been used in previous cases be used again on a new case?
Phillip Wayne Goff
Phillip Wayne Goff answered on Mar 28, 2015

Yes, assuming there are completely new cases. For instance, if you had a felony conviction in Dallas County, and it resulted in a prison sentence, it could be used to enhance a later felony in Tarrant County to a repeat felony offender status. If you were sentenced to prison in that case, then... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: if i live where marijuana is legal and get arrested while passing through where it is illegal for possesion?

what defense could i argue

Phillip Wayne Goff
Phillip Wayne Goff answered on Mar 28, 2015

Technically, there is little you have to use, in general. The jurisdiction (i.e. Colorado or a neighboring state) defines what it legal or illegal within its boundaries. The fact it is legal in one is no legal defense in another. It might have some social sway or other effect on negotiations... Read more »

1 Answer | Asked in Traffic Tickets for Texas on
Q: Received a citation for a photo light citation from august 28 2010 is there a statue of limitation

Received it in Duncanville,Texas but was never notified of this citation until now, already sent payment after speaking with them about the penalties!

Phillip Wayne Goff
Phillip Wayne Goff answered on Mar 24, 2014

There is most definitely a statute of limitations, and it is 2 years. However, if you have already paid it, you are out of luck. If you can contact the court, you may attempt to withdraw your plea, but payment applied to the ticket pretty much puts an end to the case and makes it a conviction.... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: What circumstances would allow the DA to file Intoxication Manslaughter when the accused blew under the legal limit in T

To my knowledge there was no traffic violations in the accident. While on a narrow country road, my brother over-reacted to an on-coming vehicle that appeared to be acrossing the middle line. His wheel jerk back and forth caused the vehicle to flip and the front seat passenger without a seat belt... Read more »

Phillip Wayne Goff
Phillip Wayne Goff answered on Mar 24, 2014

Intoxication manslaughter could definitely be charged. The state must prove he was intoxicated during that time, and the intoxication caused the death.

I'm surprised the police would offer him a breath test, rather than blood. Nonetheless, even a test under .08 does not necessarily mean...
Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I have a cdl in texas got a dwi can I get a cdl in the state of oklahoma
Phillip Wayne Goff
Phillip Wayne Goff answered on Mar 24, 2014

I presume you have suffered a suspension, which is why you want to apply for a CDL in another state. As a rule, suspensions and other entries onto your driver license in one state are respected by other states through what is known as the "interstate compact".

The compact effectively...
Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Got DUI in CA moved to TX month later. Told not to show in CA court and would be guilty. Penalty would move 2 TX though.

Would it be better to show up in CA court and plead not guilty there or just "plead guilty" by not showing and have CA state transfer the penalties to Texas. That was what they had said. Was going to please guilty either way.

Phillip Wayne Goff
Phillip Wayne Goff answered on Mar 24, 2014

You should consult with a CA attorney, whether one-on-one or on a forum like this. Texas attorneys are not usually in a position to advise you well on whether one choice is better than another for a CA case. There are many fine attorneys in CA for this kind of case.

1 Answer | Asked in Criminal Law for Texas on
Q: Someone intentionally hit my vehicle on my property with their business owned and insured truck. What lawyer?
Phillip Wayne Goff
Phillip Wayne Goff answered on Jan 4, 2014

You need to look for a general civil lawyer, not a criminal defense lawyer.

1 Answer | Asked in DUI / DWI for Texas on
Q: I have nj license and was convicted of DUI in FL. I just moved to TX. Can I get a hardship license here while its susp?
Phillip Wayne Goff
Phillip Wayne Goff answered on Jan 4, 2014

You may apply for a "occupational license", otherwise known as an "essential needs" license. "Hardship license" is a term used for a different situation entirely.

You are not entitled to an occupational license; the judge has discretion to grant the license or deny it. Most of the time,...
Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: 1st dwi, will i have to take a pee test on 1st visit? my prob doesnt say i will have to or that i cant drink

I took that alcohol eval and they told me not to over think it, so i didnt, i told them what they wanted to hear. my dwi was 2 months ago and i did have a few drinks 2 weeks ago in my home. i am just not sure what to expect, i am 40 and have never been in trouble before. just curios if they will... Read more »

Phillip Wayne Goff
Phillip Wayne Goff answered on Jan 4, 2014

The short answer is you will likely not be tested on your first visit because alcohol is eliminated from your body very quickly, but it could happen.

Whether you are subject to urine testing depends upon what your conditions are. However, I would fully expect your conditions to include an...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: CAN YOU GET 12 YEARS FOR AGG. ROBBERY?
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

Yes, of course. Aggravated Robbery is among the most serious crimes in Texas. The punishment range, without consideration for other factors, is 5-99 years or life imprisonment. However, even as a "3g" offense, probation is a possibility. Anyone with this charge is in dire need of an excellent... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If on a felony probation and commit a class b misdemenor what are the possibilities
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

Committing a misdemeanor is different from reporting it or being arrested for it. Assuming you were arrested and charged, you may well be looking at a motion to revoke soon. If the state proves you violated probation, the judge has many options. You may be sanctioned by a modification of your... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can i fly with a class A misdemeanor warrant
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

It is extremely unlikely anyone at the airport will check for warrants. However, you should take care of you matter as soon as possible. Outstanding warrants have a way of finding you at the worst possible times. Stop looking over your shoulder and hoping for the best. Hire an attorney and take... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I was arrested for theft of property.I rented scaffolds and returned them but never recieved a bill.Is this legal?
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

Your answer is found in Texas Penal Code 31.04. Usually, the scenario you describe is filed as a criminal charge because the renter signed a rental agreement for equipment, the time for return has passed, the item was not returned, even after numerous attempts by the owner to communicate to the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If i cant pay restitution at the end of probation what happen
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

This question involves several possibilities. If no motion to revoke is filed against you, and probation expires, probation is finished. If a motion to revoke is filed, you'll be re-arrested and have an opportunity to go before a judge (hopefully, you'll have a good lawyer) for a hearing. The... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My husband beats me to death almost every month. do I need a criminal lawyer?
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

I'm sorry to read you are beaten at all, much less regularly. Please seek help from police and women shelters as soon as possible. A criminal lawyer will do you no good in your situation, although a family lawyer or local prosecutor might well file a protective order on your behalf. Seek out... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If consent to search was given, with dog then x ray shouldnt you be let go at that point if nothing was found?

At what point is it extensive?unreasonable

Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

First, never consent to a search. If you are consenting to the search, they can continue whatever they are allowed to do because you voluntarily allow them to continue. For them to detain you further without your consent, they need legal justification, which is unnecessary as long as you simply... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How do i obtain a copy of my husbands brief of appellant? Who do i contact
Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

Your question doesn't seem very clear, but appellate courts have clerks who maintain records of what is filed in their courts, and the documents are available for a fee. In some situations, briefs may be available online for free. Contact the clerk of the court.

1 Answer | Asked in Criminal Law for Texas on
Q: My 71 yr old mother has been manipulated by an individual who involved her in check fraud. He has helped her all the way

To jail, even hired an attorney for her. What to do now?

Phillip Wayne Goff
Phillip Wayne Goff answered on Dec 27, 2013

It appears the criminal law question is already being addressed, although having a co-defendant hire her lawyer sounds awful. Your mother may need to be protected from her own inability to discern the manipulation. You may need to present this question to the guardianship law forum; if your... Read more »

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