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Questions Answered by Vonnie Clay Dones III
2 Answers | Asked in Criminal Law for Texas on
Q: If I'm a felon can I be in a car while my girlfriend possess a firearm tx
Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Aug 18, 2023

You cannot knowingly be in the presence of a gun as a convicted felon in Texas. If you are in a vehicle and the firearm is in vehicle and not on the person it could be considered constructive possession. Best not be be in a vehicle that you know has a gun in it.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: I’m being charged with disorderly conduct by language cause I walked past a police suv and said…

Stop spotlighting peoples houses, #### pigs. I always also charged with resisting arrest and I have separate cases for each charge. Can anyone help?

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Aug 2, 2023

You should hire a criminal defense attorney in the county or nearby county in which you were arrested or charged to determine whether any of your constitutional rights were violated and to obtain the best possible outcome for your case. There are number of general and affirmative defenses and... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can I have an enhancement dropped got a 1st time state jail drug charge an when indicted it's a second felony

If have never had a drug charge why are they enhancing it

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jul 20, 2023

In Texas, enhancements are based on priors, namely TDC trips (and for a state jail felony enhancement, prior state jail trips). It does not have to be based on a drug charge specifically, it can be other felonies as well. When charged with a state jail felony, two prior TDC trips will enhance it... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Can I carry a firearm in Texas if I was placed on Defferred adjudication for Robbery in 2009?

I successfully completed it in 2011.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on May 10, 2023

In your case, a successful deferred adjudication completion is a dismissal and under TEXAS law, you can possess a firearm with the same rights as everyone else, as the charge did not result in a conviction. However, a deferred adjudication in Texas is considered a conviction under FEDERAL law. 18... View More

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1 Answer | Asked in Criminal Law and Child Custody for Texas on
Q: What are the chances of him getting those charges dropped and or dismissed as well doing some time in prison ?

My son's dad is being charged with aggravated assault with a deadly weapon and endangerment of a child/criminal negligence.

The only thing he has on his record is a dismissed misdemeanor of a discharge of a firearm. There were two minors at the scene who witnessed everything. When... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Apr 28, 2023

In Texas, Aggravated Assault With a Deadly Weapon is a second degree felony in Texas which carries a potential jail sentence from 2 to 20 years along with a fine of up to $10,000. Child abandonment or endangerment can range from a state jail felony (180 days to 2 years) to a second degree felony.... View More

1 Answer | Asked in Criminal Law for Texas on
Q: if a person P.R. bonds out can they later charge u with bond for fforfeiture?

my friend got charged with possession of c.s...the police report says he has I think a gram..but the lab report came back and they said there wasn't even enough to register...is that automatic grounds for a full dismissal?

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Oct 14, 2022

Violating a PR bond can result in a bond forfeiture which can result in an arrest warrant. You should hire a criminal defense attorney to make an argument for and move for a dismissal.

2 Answers | Asked in Criminal Law, Divorce and Federal Crimes for Texas on
Q: I hired a lawyer for my sons case last week. My son had court yesterday and the attorney didnt show. He has a trial set

For monday. Whats gonna happen if he doesnt show up again for the court

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Aug 3, 2022

The judge will likely reset the trial date if your attorney does not appear especially without knowing the reason why. Try to contact your lawyer and inform him of the trial date.

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5 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I ask for my boyfriend not to be charged with domestic violence assault deadly weapon?

What if charges/warrant hasn’t been issued. I just don’t want to go through all the proceedings and want it to be over.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Apr 14, 2022

You can provide the prosecutor will a non-prosecution affidavit requesting that you do not wish for charges to be filed against your boyfriend if you are the alleged victim. However, it should be well written and you should consult your boyfriend's attorney regarding the language. A... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: How to go about filing expungement paperwork in Denton County, and what filing code to utilize for efile?

I have 2 class b misdemeanor cases that I am looking to expunge. I am looking for guidance as to how to go about doing this, the proper forms to utilize and everything.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Mar 24, 2022

We cannot solicit on this forum. There are many lawyers on this forum, as I, who handle expunged and/or seal criminal records in Texas. You should hire an expunction attorney to handle the matter for you.

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1 Answer | Asked in Criminal Law for Texas on
Q: Disorderly conduct what are the fines or jail time etc If found guilty
Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Feb 9, 2022

In Texas, Disorderly Conduct is a Class C misdemeanor with a $500.00 fine, no jail time, unless it involves a firearm, then it is a Class B misdemeanor, six months in county jail plus a $2000 fine.

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Texas on
Q: I recently got a dwi and court ordered to get a interlock device. I dont have a license and can't due to legal status

Will it be an issue to install? My daughter was going to be the one driving me to and from work but a friend told us if im in the car where the device is connected I have to be the one driving. I don't know how true that is

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Feb 3, 2022

Your daughter must take and pass a breath test in order to start the vehicle. All drivers should be trained on the operation of the device.

1 Answer | Asked in Criminal Law for Texas on
Q: Hi , my friend is charged with aggravated assault after catching his wife cheating! No body was hurt?

The police was in attendance and found a gun in the room, but was not used in the argument!

My friend is currently in bell county jail with no means to pay bond !

The wife is willing to drop charges, but DA have threatened with child protection services, so she is scared! No... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 20, 2022

Your friend should hire a criminal defense attorney to review the facts, circumstances, and evidence in the case to determine the best possible outcome.

1 Answer | Asked in Criminal Law for Texas on
Q: I have court on the 2nd of next month for a class b misdemeanor and was wondering if its worth it to hire a lawyer

It's a possession of marijuana under 2 ounces charge and I spent 6 days in jail

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 3, 2022

Yes, you should hire a criminal defense attorney to obtain the best possible outcome in your case.

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for Texas on
Q: In the state of Texas what is the time limit to file criminal charges in a sibling for child molestation?
Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 3, 2022

In Texas, there is no statute of limitations for indecency with a child, sexual assault, or rape of a victim who is a child.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Texas on
Q: Forgery of government documents, statute 32.21 e-2. Prison time?

My son’s grandma (not my mom) was recently arrested for “forgery of a financial instrument >2500<30k, ENH IAT.” It was some sort of government document but I can’t see what exactly it was. It’s listed as a third degree felony on her arraignment public record. She has 5 prior... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 20, 2021

Your son's grandma should hire a criminal defense attorney to review her case to determine the best possible outcome as she could be enhanced, meaning given a heavier sentence, if she is a repeat or habitual offender (two prior TDC trips). Under the scenario you provided, it is possible for... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can a prosecutor raise one charge from a misdemeanor to a felony because he couldn't charge on a different charge

MY BROTHER hit a cop car in Texas and was caught with cbd gummies. He refused a breathalyzer. The dui was placed under a misdemeanor while they were awaiting results from the lab over the cbd. The lab couldn't test the cbd and because so, they decided to up the dui to a felony because they... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 19, 2021

In order for the State to charge your brother with a felony DWI in Texas, your brother would have to be charged with a third DWI offense, intoxication assault, intoxication manslaughter, or a DWI with a Minor under 15. You should hire a criminal defense attorney to review the facts and evidence of... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What type of felony is this

If someone applied for unemployment last year and put an incorrect reason for losing job on application and received regular unemployment benefits then was automatically enrolled in temporary pua benefits when regular benefits ended, receiving a total of $11,000 from unemployment would that... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 19, 2021

The Texas Unemployment Compensation Act (TUCA) provides for administrative, civil action, and criminal penalties for fraudulent misrepresentation. However, during 2020, nine individuals were indicted for Felony Theft of Unemployment benefits, namely Class A misdemeanors and state jail felonies, but... View More

2 Answers | Asked in Criminal Law for Texas on
Q: I invited one dude to come to my house to fight but he invited two other dudes and they tried to jump me

In my property can I press charges against them for assault and the cops said I can’t arrested them because you invited them but I only invited one person

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 8, 2021

Although you challenged the assailant to a fight and there is a "Consent as Defense to Assaultive Conduct" defense in Texas, Texas Penal Code - PENAL § 22.06, in this case, it appears that you did not consent to fight any other person and the additional parties involved exceeded the... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Can a assistant D.A. alter the content of the indictment without taking it back to be rescreened by the grand jury?

Indictment doesn't match the complaint. Certain things that were voted on was changed by the A.D.A...

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 5, 2021

In Texas, Articles 28.10 and 28.11 provide the State with the opportunity to amend an indictment.

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1 Answer | Asked in Criminal Law for Texas on
Q: What is the statute of limitations for felony drug possession in texas?
Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 2, 2021

The statute of limitations for felony drug possession in Texas is three years from the date on which the offense was committed in Texas.

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