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Questions Answered by Vonnie Clay Dones III
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.

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: I was hit by a customer in my store because I refused his service .i hit him back now he's filing on me

Yes I did grab coffee pot without thought I had bruise on my face and he a gash on his head. My leg is hurt . I lost my job behind this my boss reported incident to big boss but nothing was done ...even still customer allowed to return. Feel like I have no rights I get harassed and he gets file... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 1, 2021

You should hire a criminal defense attorney to defend you in this matter. From your statement, you may a have a valid argument for self-defense.

1 Answer | Asked in Criminal Law for Texas on
Q: What can I do against blackmail of someone threatening to turn me into the police?

I committed a crime against someone a couple of months ago. They have just today found out and I am being blackmailed to pay $1000 in split payments of $100 over time or else I will be turned into the police. What can I do?

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 1, 2021

Keep a record of the messages, if any are available, in the event the other person does report it to the police. You should not make any incriminating statements online or any other forum, as your defense counsel if the prosecutor decides to file charges, will defend you in this matter.

1 Answer | Asked in Criminal Law for Texas on
Q: I was charged with a first degree felony in 1983, I Was wanting to know if i can get that off my record.

I was wanting to own a handgun

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Nov 30, 2021

It will depend on whether your case was dismissed or if you received deferred adjudication, waiting period, the type of offense, and criminal history to determine if you are eligible for an expunction or non-disclosure in Texas.

1 Answer | Asked in Criminal Law for Texas on
Q: If i have been arrested on a drug charge in the past and recently been stopped for a basic traffic stop

does my previous

Charge give the officer probable cause to search my vechicle this time

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Nov 28, 2021

Police may search a vehicle if there is probable cause to believe that the car contains evidence of criminal activity, exigent circumstances, or contraband in plain view, but cannot simply search your vehicle because you have a past drug charge. For example, if a car interior smells like marijuana,... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If a person starts threatening me and breaking windows do I have the rite to shoot him with a bbq gun to get him to leav

He has threatened me twice before this incident

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Nov 26, 2021

Texas is a stand your ground state. Under the castle doctrine, self-defense can be invoked in the defense of property. In some cases, deadly force may be justified to defend property. It is important to note that the use of force must be reasonably necessary and the other person was not provoked.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can drving one block before stopping when an officer is pulling you over be considered eluding?

Is that grounds for probable cause to search and during an unconsented search can they snap their fingers and get the dog to jump inside the car thru the window?

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Nov 25, 2021

In short, yes. You can be charged with eluding if you willfully fail or refuse to bring your vehicle to a stop; or flee or attempt to elude a pursuing police vehicle when given a visual or audible cue from the officer to stop. However, you should hire a criminal defense attorney to review the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Is it considered ELUDING IF YOU GO ONE BLOCK WHEN YOUR BEING PULLED OVER? AND WHEN COPS ARE DOING AN UN CONSENTEDSEARCH

Their fingers and get the dog to jump thru your car window 4 times?

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Nov 25, 2021

In short, yes. You can be charged with eluding if you willfully fail or refuse to bring your vehicle to a stop; or flee or attempt to elude a pursuing police vehicle when given a visual or audible cue from the officer to stop. However, you should hire a criminal defense attorney to review the... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Do I have to agree to a bail condition with out attorney present?

I have to report as if I am already on probation. I am not guilty for the charge. I did not have counsel at the time and during the arraignment, that judge didn't give it hand that out. I am innocent so I don't feel like this right anyway.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Nov 22, 2021

The judge set bail conditions based on your background, criminal history, the severity of the offense, community ties, etc. Once you hire an attorney, your attorney can approach the judge to amend conditions.

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2 Answers | Asked in Criminal Law for Texas on
Q: if i am being charge with criminal mischief that happened like over a year ago and the took the the building down and

sold the property can i still be sentence and they had no one fix it they did themself thr same daY

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Nov 21, 2021

Yes, the criminal mischief charge will remain until disposition. Generally, in a plea agreement for dismissal or the like, the prosecutor will ask for restitution. The fact that the property has been sold may have some bearing depending on the facts and circumstances of the case.

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