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The next day due to not enough evidence. Now he has an appearance on March 23 and they have it as a 3rd or more dwi third degree felony. His last 2 dwi a were in 03 and 04. He has served a 2 yr and an 8 yr prison sentence for assault charges. Can they revoke the or bond? He went ant got a blow... View More 
answered on Jul 10, 2017
If your husband is currently on a PR bond then he will have to appear in court to answer for his charges. If he has two or more prior DWI convictions, then a subsequent DWI arrest should be filed as a DWI - Third or More. This is a Third Degree Felony. If he has previously been to the pen once,... View More
answered on Jul 10, 2017
The Statute of Limitations for a Felony DWI w/person under 15 years of age is 3 years. You can learn more about this limitations period at https://www.versustexas.com/criminal/statute-of-limitations/.
I was arrested on March 20th 2015 and had not heard anything from the courts. recieved a letter stating that i have to e in court on March 28th for arraignment and pretrial even though it has een more than 2 years since my arrest. What can I do?
answered on Jul 10, 2017
The Statue of Limitations for a standard Class B Misdemeanor DWI is 2 years. There are several things that could toll the limitation period: an active arrest warrant or case filing for example. If you were called for court March 28th, it is likely your case was filed sometime before that date.... View More
answered on Jul 10, 2017
It is possible for a third degree felony to be enhanced to a second degree felony if the person charged was previously convicted of a third degree felony offense or higher and served pen time as a result. This is called a Repeat Offender Notice. You can learn more about punishment enhancements on... View More
answered on Jul 10, 2017
The Statute of Limitations is the amount of time the State has to file a case for a particular offense. In DWI cases, it is 2 years. If your case was filed within that two year time limit, then there is not a defense pursuant to the Statute of Limitations. As it appears, per your question, that... View More
answered on Jul 10, 2017
One of the most important conditions to any probation is to not commit an offense against this or any other state. A DWI or DUI arrest is an allegation that a new offense was committed. Upon learning of this arrest, the Court may sanction your probation and reinstate, but more likely the State... View More
answered on Jul 10, 2017
If you are alleged to have violated your probation, the Court will either pursue a sanction and reinstatement on probation or the State will file a Motion to Revoke your probation. Upon filing, the Court may issue a warrant for your arrest for you to be held at no bond until your hearing on the... View More
Gets it calibrated every month. He checks in religiously with the bail bondsman. The DA won't provide any discovery to the attorney. He can't get answers and they are calling him in for a plea next month. What are his rights for a speedy trial? How can they prosecute when they won't... View More
answered on Jul 10, 2017
This sounds like a difficult situation. You will want to make sure your attorney has made a timely request for discovery under Article 39.14 of the Code of Criminal Procedure. Upon such request the State must provide discovery as soon as practicable. You can learn more about the Michael Morton... View More
I get off Probation in October 2017. I have done everything that is expected of me. All fines are paid. I have the breathalyzer on my car and thought it was supposed to come off in May. My pro bono attorney won't return my calls. Can you please help?
answered on Jul 10, 2017
Unfortunately, there is no early release for DWI probation in Texas. However, you could request pro forma release. This simply means you would remain on probation, but that probation would be non-reporting. You wouldn't have to continue to pay probation fees or report to a probation... View More
He has an interlock system in his car and was driving my car. Does it get reported to his probation officer automatically since the speeding ticket was in another county? Is there any way for his probation officer to find out if it doesn't get reported? This is a second offense for him.
answered on Jul 10, 2017
Class C traffic tickets are generally not used as reasons to revoke someone's probation. However, failure to install an interlock is. It would be unusual for such a stop to be reported, but you need to prepare for the worst. Have an interlock installed immediately if able. This will help... View More
DWI first time probation or pre trial diversion for DWI. Received a minor in consumption ticket while on the program. Probation officer filed a motion to adjudicate. District attorney filled the motion to adjudicate. Court date has been set. Am I still on probation at this point or am I now off... View More
answered on Jul 10, 2017
I am sorry to hear of the alleged violation. You are still on probation until your probation term has ended or has been revoked for violations a new sentence imposed. Any failure to comply with your probation terms during this time could result in additional evidence to revoke your probation.... View More
My ex wife is serving 45 days on weekends over a period of months for DWI. In the meantime, she is still drinking like a fish while in custody of my two young sons. Generally speaking, is a defendant required to abstain from alcohol in that situation just like in a probationary situation? And if... View More
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answered on Jul 8, 2017
It is possible but unlikely that she is serving days in jail - even over weekends - as a condition of probation. It sounds like she is serving a jail sentence on weekends. If she's serving jail time, there are no conditions other than going to jail when she is supposed to. If she's... View More
Will the xanax in my system cause me any trouble when the results from my blood test come back? No one was injured and there was no damage to my vehicle as I was the only one involved. I asked to take a breathalyzer test on site but the officer refused and arrested me.
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answered on Jul 5, 2017
Yes. The prosecutors can, and often do, allege that you were intoxicated based on prescription medication.
https://www.versustexas.com/videos/dwi-arrest-with-no-alcohol/
Being a 1st offense what is it that hiring a DWI lawyer can help with? Do you help keep the fine lower, no probation time? what is it that you help the defendant keep from punishment wise?
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answered on Jul 3, 2017
I recommend that you read over the DIC paperwork that is acting as your temporary driving permit if you do not hire lawyer asap. You have the ability to prevent the suspension of your drivers license if you hire a lawyer to request an ALR hearing within 15 days of your arrest date. That hearing is... View More
he didn't beat her up but he did hit her and he lives in El Paso tx and we can get him out if we pay 2,500 but we don't have that much money what can happen next ?
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answered on Jun 23, 2017
There are significant immigration consequences for non-citizens: https://www.versustexas.com/criminal/immigration-consequences/
You will want to speak to an immigration attorney before posting his bond.
She said I slurred speech mind u jus woke and she said my car smelled like alcohol and I told her it was my friend in the car that had been drinking till 5 am she started the field test and I told her I wasn't taking any test and had nothing else to say and to put me in the car that's all... View More
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answered on May 31, 2017
You are presumed to be innocent! Nevertheless, you are not providing enough information to answer your question. Thus, you should hire a DWI lawyer to try to "beat" your case and save your driver's license. Please keep in mind that a person only has 15 days to inform DPS that you are... View More
Im not a legal citizen, but im married to one. Im already out on an immigration bond, and i dont want to serve any jail time or risk being on immigration hold if i happen to turn myself in.
answered on May 30, 2017
Serve your sentence - do the community service. You agreed to it when you accepted the sentence. If charged with violating you may need to ask the court to reinstate the sentence. Take care of your immigration status. You can be deported for a DUI and a violation is a second charge for which you... View More
A Korean immigrant/green card holder lives in the U.S. is scheduled to visit the Philippines in about a month and was arrested and got a DUI recently. The trial date is not yet set. Would there be any complications with traveling and/or returning to the US? Thanks.
answered on Apr 21, 2017
A first DUI is not considered a CIMT or AF so it is not a removal offense for an LPR unless there are aggravating circumstances. This person is free to travel. However, make sure to return for any court dates.
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answered on Apr 4, 2017
You will be representing yourself or hiring someone to represent you.
How much jail time is he looking at and is there anything a lawyer can do to keep him out of jail???
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answered on Apr 4, 2017
The answer depends on whether he was convicted of the December DWI before he was arrested for the DWI with a child passenger. Typically, a first DWI with no prior convictions does not get assessed any jail time with probation. Similarly, the state jail felony charge of DWI with a child passenger... View More
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