Marcos M. Garza's Answers

2nd DUI Offense; Different State but Same CO Driver's License

If Tennessee discovers your Colorado DWAI, it may be used as an enhancement. I would recommend obtaining a TN driver's license at this time as well. If the Colorado DWAI is used as an enhancement, then you could face a minimum of 45 days of jail time, up to 11 months and 29 days in jail. However, further investigation and research needs to be done on your Colorado DWAI, --as I understand it, a COl DWAI involved a .05 threshold for BAC, therefore, an argument MAY be able to be made that your...

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My exhusband stopped paying my court ordered spousal support will I have to go back to court to compel him to pay

You can bring your case back to court by yourself, (without an attorney) for little or no charge. If you are incorrect and for some reason he doesn't owe you support it is possible (although perhaps unlikely) that you would have to pay some court costs. However, if you are indeed correct that he owes you support and you only had to come to court due to a problem of your X's, then I think it is likely you will owe nothing. You may want to consider hiring an attorney to represent you in this...

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In Tennessee. Was arraigned for DUI, asked 60 days to find attorney. Return date set the for dec 15. Can change that date now?

Probably. Contact a lawyer as soon as possible. Usually under circumstances like this, a court will give an attorney at least one continuance as a matter of courtesy once they newly get involved in a case. However, there aren't any guarantees and this varies from place to place. I recommend calling a lawyer as soon as possible.

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TN juvenile criminal code, consequences for shoplifting

If the minor has a clean record then likely the minor will have to pay restitution, do some community service and maybe placed on probation for a period of time. If the minor has been in trouble or charged with crimes before, the punishment could be much greater. I would recommend contacting a local attorney for further advice about how these matters are handled in your jurisdiction and to ensure that this matter is handled in such a way as minimized negative impact to your minor's record....

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Can I still drive a moped on county roads if my license is revoked from a DUI in Tennessee?

No. If your license is revoked to drive a car or other vehicle, your license is also revoked for other motor driven vehicles such as motorcycles and mopeds. In many cases you can obtain a restricted license in Tennessee to drive to and from work and school. I recommend contacting a local attorney to discuss the options of your specific situation further.

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Can you get a DUI pleaded to a lesser charge if you refused sobriety tests.

Yes, however, every case is different and I highly recommend retaining the services of a lawyer in the Memphis area. You can go to www.ncdd.com and look for a lawyer who is experienced in handling DUIs in your area. Generally, there are not statutes or prohibitions to the reduction of a DUI to a lesser offense regardless of whether you refused the field sobriety or chemical tests. However, in some jurisdictions, the District Attorney's office may have internal policies that limit the types...

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What are the chances of pleaing not guilty for possession of controlled substance and possession of paraphenlia?

It is difficult to tell what your chances of successfully defending this case would be without know the details of this case. Most people can pass a traditional urine drug screen for marijuana after approximately 30 days. Other drugs vary, depending upon the drug, number of times used, quantities used, as well, as size, weight, gender and metabolism. I recommend contacting a criminal defense lawyer as soon as possible in order to determine what the next step should be in your case.

My fiance has been charged with Marital rape, and he says that he did not rape the girl. What are his chances if getting off?

It is difficult to say at this point what your chances of defense are, however, it is relatively certain that you should get an experienced criminal defense attorney involved as soon as possible. Everyone has a right to remain silent and I would recommend that your friend exercise that right until he has spoken with an experienced attorney.

I was charged with underage consumption while sober. What can I expect in court? Can I get this expunged from my record?

There is a good chance that with the proper representation that you could obtain a dismissal on your underage consumption charge. Due to the fact that an Underage Consumption is usually not considered an extremely serious offense, often a DA or court may agree to dismiss the charge upon completion of community service, staying out of trouble, or other conditions. Any charge that is dismissed can be expunged from your record in Tennessee. The key first step is to get the charge dismissed or...

Paid off probabtion from pot dui in october got a citation for being with minors who were drinking beer what happens

The citation could possibly trigger a violation of probation and possibly jail time and other punishments. This is a very delicate situation for which your friend should seek the assistance of a lawyer as soon as possible. There may be possibilities that a skilled lawyer who knows the practice of law in your area could successfully defend a violation of probation in addition to the new charge itself.