Skip to main content
Martin W. Judnich

Martin Judnich’s Answers

896 total


  • What do I do in court if I am trying to fight an MIP?

    So I recently received an MIP this weekend at a music festival. I didn't realize I could deny a PBT so I blew a .022. The police officer did not see me with an alcoholic beverage. One of the cops told me to plead not guilty in court, which is tomo...

    Martin’s Answer

    Never just plead guilty. If you want a clean record hire an attorney and see what they can do for you. A judge is not going to help you keep a clean record if you just plead guilty.

    See question 
  • Hello there, I would like to ask if this is real or some kind of lie please advise me! Please follow the link! Many Thanks !!

    http://status-sva7b75999743.kcc-states.com/internal/result?CN=2015393A13EFC876

    Martin’s Answer

    Yeah, this looks like straight spam. I'm guessing its a lie though.

    See question 
  • I have an expunged DUI, that was expunged in 2013. Will an expunged DUI show up on an FBI background check?

    I unfortunately got a DUI in 2001 in my early 20s.. I got it expunged in 2013. I requested my background check from Ky, which is completely clear. Can the expunged DUI still show up however on an FBI background check? I didn't disclose it on my jo...

    Martin’s Answer

    Typically yes. Although the conviction may have been expunged, arrest records typically stay on the background so law enforcement has an idea of your true background.

    See question 
  • Can this DWI be removed from my records based upon this information?

    This DWI occured four years ago, everything was completed satisfactorily. I pulled my record from the TxDPS search today and it lists the following Court Status A first in 2012. After the case was resolved in 2013 it showed a new Court Status B....

    Martin’s Answer

    Every state has enacted laws to prohibit DUI convictions from being taken off of records. It is called Expungement, and most states have done away with it.

    See question 
  • Second DUI, probation revoked after 1.5 years and given 10 months work release. What is the likelihood of a reconsideration?

    My fiance just had his probation revoked and much to our and our lawyer's surprise, he was sentenced to 10 months in jail with work release. He had already served two months in jail related to the offense. This seems especially harsh considering t...

    Martin’s Answer

    Very unlikely. A court usually loses jurisdiction to even change a sentence after a certain amount of time has passed. So, you could try to hire another attorney to get a better result, but if the sentence was within the legal options available to a judge, it is very unlikely to be changed. What exactly do you intend to offer the judge to change his/her mind??

    See question 
  • What can we do if the ordered judgement was not fulfilled correctly?

    For our judgement, We the defendants, were ordered to pay the plaintiff money. In the judgement the plaintiff was also ordered to provide all workable electronic files by a certain date. That date has now passed and the plaintiff did provide an e...

    Martin’s Answer

    There is not enough information here to give you a correct answer. You say they did provide what was ordered but it isn't working, that's complicated. What is less complicated, is you owe money and you have not paid it. Best answer is to hire an attorney to help you, otherwise you may have assets seized.

    See question 
  • Is being in custody the same as being under arrest with police?

    I tried filing a complaint for assault, battery and false imprisonment by hospital ER, which I am in litigation with in MT. Sheriff's office refused to accept complaint, saying I was in custody, because I rode in with them instead of driving myse...

    Martin’s Answer

    Being in "custody" is what happens when you are arrested by law enforcement. Sounds like you are asking about how to serve a complaint though. You do need to follow the legal process of service to sue anyone, including the cops. There are also administrative things you have to do correctly when you are trying to sue a city or town. If you want to do it correctly, hire an attorney and don't try to do it yourself. If you have a good case, an attorney will take the case.

    See question 
  • Jail time from DUI with health conditions?

    I'm getting ready to serve some jail time due to a DUI. I was given medical clearance form which the doctor denied as I have two heart conditions. What happens next? If they won't clear me to do jail what can I do?

    Martin’s Answer

    You could try to do this yourself and see the judge, however when dealing on matters of health, you don't want to take any chances. Invest in your future and hire an experienced DUI attorney to assist you to make sure you get an alternative placement. Best of luck.

    See question 
  • I ve had my 1st run in with the law i received a dwi back in Dec.What should i do

    I have no prior record

    Martin’s Answer

    That is a long time to have not really done anything yet. I suggest finding an experienced dui lawyer on Monday and get going. Some attorneys may not be interested in your case due to the age, so get someone as soon as possible to help yourself out.

    See question 
  • I have primary custody of my daughter, the mother is trying to create a new parenting plan. Should I get a lawyer?

    My daughter's mother gave her to me back in 2008, and a parenting plan was agreed upon and signed. We have had ups and downs with her. Lately things have gotten worse, and her unstable income, and messy house is a concern. Our daughter doesn't wan...

    Martin’s Answer

    If this is going to become a contentious situation, you should get a lawyer. If she is already trying to modify the parenting plan, you are probably bound for court anyway. Our office does handle these types of matters if you are interested.

    See question