When the child is born you can file a suit affecting the parent-child relationship. That will allow you to get an order from the court regarding where the child will live, who the child will live with, visitation, child support, health insurance, and medical expenses not covered by insurance....Read more »
Drug problem but says that he is a drunk. If he loses to much more weight he might die. He is killing himself with the keystone beer and from my understanding he uses a needle for meth and I have pictures of him smoking it. He was drunk one night and wouldn't let me drive and almost killed... Read more »
You can file an affidavit with the court stating that you do not drive a vehicle and will not drive any vehicle unless and until that vehicle is equipped with with a court-approved ignition interlock device. Make sure you prepare and file the affidavit with the court within the time allowed for you...Read more »
Got DWI 3wks after turning 21. I am now 36, and dont even drink anymore. If I establish residence out of TX can I get it expunged from my record? It is -killing- my insurance rates even all these years later?
It is the final disposition of a case, not the passage of time, that determines eligibility for expunction. Moving out of the State will have no affect on this issue. What was the disposition of the case?
If so my ? Id .Does the defendant having pending charges have any responsibility. Duty to initiate the extradition process other that he /het wanting to clear his / her name. Article 4 of the same agreement states .if the prosecution initiates extradition they place a 120 day statute of... Read more »
This website shows the questions to attorneys by state, so this question is being shown to attorneys in Texas. If you want an answer from an attorney in New Mexico then you should re-submit your question with the "location" field set to somewhere in New Mexico, even if YOU are currently...Read more »
Her lawyer advised it would be better to plea to Agg Assault w/ Deadly Weapon (a 2nd degree felony). Is there any sense to pleading to a higher degree felony? Probation is offered in both cases by the prosecutor.
As a general rule, a second-degree felony is more serious than a third degree. However, nobody on this forum is in any position to second guess your wife's attorney. There are reasons why this could make sense, so your wife should simply ask her attorney for an explanation.
It depends on the totality of the circumstances and the person's current situation. The person seeking guardianship can file with the court under certain circumstances in order to show that they are a good candidate for guardianship.
Whose file are you talking about? The prosecutor's file, your lawyer's file or a file you were able to access on the internet (one which you found in, for example, the county's website)? I am going to assume you went to the website of the county where your case was prosecuted, i.e....Read more »
The court setting you mention is just the first time your case is set in court, not a trial setting. At the first setting, your lawyer will probably be given the discovery evidence in your case which you can then go over with him/her. Sometimes it takes a few days after the first setting to get...Read more »
THE OFFICER ONLY TOOK 3 STEPS WHEN DEMONSTRATING. THEIR WAS 20-30MPH WIND FACTOR WITH RAIN HORRIBLE WEATHER MY UNDERSTANDING IS NHSTA PROCEDURES STATE TEST HAS TO BE FULLY DEMONSTRATED. I ALSO FOUND A PREVIOUS CASE WHERE IT WAS DISMISSED DUE TO COP NOT FOLLOWING GUIDLINES/PROCEDURES IE NOT... Read more »
The officer does not have to perform the entire test in order to properly "demonstrate" what he's asking you to do during the test. In Texas, 3 steps seems to be the usual number of steps officers show the suspect in the heel-to-toe sobriety test.
I completed my probation in 2013 and in 2018, by Texas law, I am allowed my gun rights back. From what I understand, A felony DWI in Texas is not a Federal crime, so that would mean that In Texas I would be allowed to hunt with a rifle or shotgun, correct? I just need some clarification.... Read more »
Incident is over 2 years ago and all they have is body cam footage of car being off the side of road and suspect being belligerent. Is that enough evidence alone for a conviction? No prior DUI's before this
Short answer: yes, prosecution and/or conviction on DWI cases is still possible without the tests you describe. The State of Texas was prosecuting DWI cases long before blood or breathalyzer test were available. Talk with your attorney. Good luck.
Will it be on my record forever and does this keep me from owning a firearm.i just didnt know if after so long after my dui charge I could own a firearm.i did a dumb mistake years back and its affected my whole life.
Below is a copy of the applicable statute (the current one, not the 2006 statute). If a final conviction was entered on the case, the only way to remove the matter from your record is via pardon from the Governor. A person convicted of a felony can never possess a firearm under federal law. Good...Read more »
That is probably a mistake, as any medication in your system, prescribed or otherwise, will be used against you. Having a Prescription does not make it okay to be medicated while driving. Hire a competent attorney as I guess that you have been charged with DUI.
Not sure of your question. It sounds like you did not show up for Court, which probably embarrassed your lawyer. He will remember you and will undoubtedly recuse himself. Hire a good attorney now to make this as painless as possible.
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.