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Questions Answered by Vonnie Clay Dones III
2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 19, 2024

In Texas, if a person received a deferred adjudication for a misdemeanor offense that person may be eligible for a sealing (non-disclosure), but NOT an expungement, if it has been two years since their case was dismissed and have no other DADJs. For DWI misdemeanor convictions, the waiting period... View More

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 19, 2023

The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you)... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Can I get my records sile if I was convicted

I did 6 yesterday on paper from 2003 to 2009 and I have not got in trouble since then

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 1, 2023

In Texas, whether you can have your record sealed (non-disclosure) will depend on whether you received a deferred adjudication, straight conviction, dismissal, etc. and type of charge. If you were convicted of a charge which included family violence that charge will not be eligible for a record... View More

2 Answers | Asked in Criminal Law for Texas on
Q: i have been charged with x felon with a gun. In Montgomery County, Texas. I have no money or car...

In the county above. You are charged probation fees. You are also charged for drug test days after getting bonded out. What do i do if i cannot afford to do any of it?

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Oct 31, 2023

First, you should consult the criminal defense attorney that handled your case. If you cannot afford probation fees, you should notify your probation officer in writing of your inability to afford to pay probation fees and submit a Statement of Inability to Afford Court Costs to your probation... View More

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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: Can I b convicted of possession of a controlled substance even if it wasn't found on me but in my belongings?
Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on May 17, 2024

If it is determined that you were in an area in which you had actual care, custody, control, or management of the drug substance such as a home, car, or bag, although it may not be actual possession in your case, it can be constructive possession. Therefore, the prosecutor can argue constructive... View More

2 Answers | Asked in Criminal Law for Texas on
Q: I have a class b misdeamoner evading aren't is there a statue of limitations
Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Nov 4, 2023

An indictment (to bring charges against an individual) for a Class B Misdemeanor has to be presented within two years from the date of the offense. It pertains to the time period before the charge has been filed.

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1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Texas on
Q: Courts failed to notify my bondsman and myself of court date, court issued warrant I was arrested what will happen next

I was on probation for DWLI not dwi I failed to complete my probation was arrested bonded out, called court house coordinator when court date came I didn’t get answer so I left voicemail and didn’t appear that day, warrant was issued bondsman made contact with me I told him I called left... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Oct 29, 2023

You should speak with your lawyer about the matter and consult with your attorney about notices regarding court dates. If your failure to appear is due to mistake, especially if not of your own making, you should inform the court of this to prevent any repercussions of a failure to appear.

1 Answer | Asked in Criminal Law for Texas on
Q: Was made to pay $350 to file Letter of Nondisclosure/Proposed Order. Shouldn't I have just paid $28?

I was told by the Co. Clerk that the $28 was just to file the letter and that there was a fee of $350 for the case which had to be paid before they could pass it along to the judge. (Qualified under 411.072)

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Oct 12, 2023

The fee is different from county to county but generally ranges between $280.00-$350.00 if you do not otherwise qualify for a waiver.

1 Answer | Asked in Criminal Law for Texas on
Q: DISTRICT court reduced felony to Class C deferred adj. community superv. Is expungement an option?

After successful completion case was dismissed.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Oct 12, 2023

You are eligible for an expunction in Texas for your deferred disposition which resulted in a dismissal.

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.

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