Stamford, TX asked in Criminal Law and DUI / DWI for Texas

Q: can i be charged with 3rd degree with only having 1 piece of evidence of me saying i threw out a cup of alcohol

i was pulled over for not making a complete stop at a stop sign and i told the officer that i tossed a cup of alcohol out of my window when i seen him turn on his lights. i was going down a underpass when i tossed it theres no dash cam footage or any other evidence that i did this except for me telling the officer that i did. he then asked me a series of questions and physical test for a drunk test he did this twice and both times were spot on he refused to breathalyze me and then arrest me and charges me with a 3rd degree felony for tampering with evidence. my court paperwork says i have one piece of evidence against me , and its his body cam of me saying i did this crime but nothing else no cup or dwi or anything. i was givin 3 years deferred felony probation. please help my court appointed lawyer did not even try with this case and made me feel so blessed and honored to be givin such a blessing from the judge. so i trusted him and signed everything now i have no amendments or rights

Related Topics:
3 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Yes, a recorded confession can absolutely give the officer probable cause to justify an arrest. Ask your criminal defense attorney to watch the recording and give you an opinion on whether or not it is enough for the government to prove its case against you beyond a reasonable doubt.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Actually, if you already signed for deferred adjudication, that means you already confessed AND entered a guilty plea. The time to fight the case is BEFORE you take a plea. I'm guessing you've got better things to do with your money than spending $20K on an appeals attorney for a longshot chance at a do-over on a felony with a video confession. Especially considering that even if you win the appeal you could end up with a more serious punishment after a retrial.

At this point, your best bet might be to be 100% compliant with the terms of your community supervision and seek early termination. That's a tough pill to swallow for what basically amounts to felony littering. If anything like this happens again don't talk to the officer and don't rely on a court-appointed attorney.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: You did not get deferred on a Felony DWI. Next time you get pulled over by cops keep your mouth shut and never plead guilty to a crime you did not commit. You can always have a jury trial .

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.