Jerry Wade Tidwell Jr.'s Answers

Jerry Wade Tidwell Jr.
Plano Criminal Defense Attorney.
Contributor Level 7

3

Attorney answers:

  1. Jerry Wade Tidwell Jr.
  2. M Elizabeth Foley
  3. Cynthia Russell Henley

Can a 17 yr. old girl be charged with a felony for hitting an officer?

Asked by a user in Denton, TX - 10 months ago.

As stated, yes a 17 year old female can be charged with felony assault of a peace officer. Additionally, though there are a number of defensive options available. Denton County DA's office does have a pre-trial diversion program that may cover this type of offense and facts. However, I think they require an individual to be represented by an attorney. The reason is because it is a contract with the state that has certain performance obligations by both parties. Additionally, the individual will...

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3

Attorney answers:

  1. Jerry Wade Tidwell Jr.
  2. Cynthia Russell Henley
  3. Charles Elwood Soechting Jr.

What happends when i get a fourth dwi while im on felony parole and didnt show up to courth

Asked by a user in Odessa, TX - 10 months ago.

The situation you described is potentially very serious with major consequences. I would suggest you contact a local attorney immediately as you may be facing a bond revocation, a "blue warrant", and possibly a felony indictment.

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3

Attorney answers:

  1. Cynthia Russell Henley
  2. Jerry Wade Tidwell Jr.
  3. M Elizabeth Foley

What is the total fee to a lawyer to dismiss a class B misdemeanor theft, 1st time offense? $150 item Texas

Asked by a user in Houston, TX - 10 months ago.

The problem is not quoting the fee, but managing your expectation. You state you want "the charge dropped or dismissed;" not to be intentionally condescending, all criminally accused want this and all criminal defense lawyers want to be able to deliver this to their clients. However, there is no mechanism to do this directly. Furthermore, no criminal defense attorney can promise or guarantee this outcome. Only the prosecuting attorney can do what you ask. Many criminal defense attorneys...

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3

Attorney answers:

  1. Jerry Wade Tidwell Jr.
  2. Christopher Michael Villasana
  3. Cynthia Russell Henley

1 year and 1 month ago i was pulled over for driving w/license invalid class b misdemeanor what is the stature of limits 2 file

Asked by a user in Dallas, TX - over 1 year ago.

The statute of limitations is 2 years for this type of charge. However, you are also entitled to a speedy trial and the state is required to use due diligence in prosecuting alleged criminal offenses. It is possible that you might prevail on a motion to dismiss under these theories. You should consult an attorney so they may assess the facts of your case and advise you of your options and rights.

1 person marked this answer as helpful

4

Attorney answers:

  1. Cynthia Russell Henley
  2. Jerry Wade Tidwell Jr.
  3. Gene Raymond Beaty
  4. Maria Irene Wilson

DUI first offense,.stopped due driving slowly on highway. Is plea bargain, dismissal possible at all ?

Asked by a user in Plano, TX - 10 months ago.

Plano and Collin County are aggressive in the enforcement and prosecution of DWI offenses. Generally, once filed as a DWI the DA's office will not change the charge some other non-alcohol related offense and generally will not dismiss filed DWI charges. Clients are often confronted with the unfortunate choice to accept a plea bargain to DWI or proceed to trial on this case. However, despite the emotional burdens and stresses, clients often fair much better through the trial process. I would...

3

Attorney answers:

  1. Jerry Wade Tidwell Jr.
  2. Cynthia Russell Henley
  3. Gene Raymond Beaty

Do I need an attorney for my DWI?

Asked by a user in Big Spring, TX - 10 months ago.

First and foremost, DWI is not eligible for deferred adjudication -- has not been eligible for almost 30 years. Second, and perhaps most importantly, if you think you might need a lawyer, you usually do. Since you are getting obviously wrong legal advice, I would suggest you start considering meeting with an attorney to learn your options and proper method of handling your case. DWI is perhaps the most serious of misdemeanor offenses, with significant consequences beyond just the charge and...

2

Attorney answers:

  1. Jerry Wade Tidwell Jr.
  2. Cynthia Russell Henley

Is there a chance to get charges dropped to a lesser charge from abuse with strangulation to family violence if first offence?

Asked by a user in Dallas, TX - 10 months ago.

The answer to question in the title is that yes it is possible for assault to be a lesser charge of assault/strangulation. At this time it appears from your post the individual has only been arrested and the DA has not yet filed formal charges. There are procedures an attorney may explore in negotiating charges prior to formal filing. Additionally, lesser charges may be the basis of effective plea bargaining if circumstances justify plea negotiations. However, if the State has an uncooperative...

3

Attorney answers:

  1. Jerry Wade Tidwell Jr.
  2. Charles Elwood Soechting Jr.
  3. James Morris Balagia

Does Collin County do ETG alchohol tests while on probation?

Asked by a user in Plano, TX - 10 months ago.

Under the scenario you described, it is not likely you have much to be concerned about. The usual method of testing by probation is a urinalysis and test sticks. If your breath smells like alcohol, they may require further testing. You are fortunate that you do not have a condition of more intrusive monitoring such as ignition interlock device, SCRAM unit, or an at home breath testing unit. Good luck and use sensible judgment that does not give concern to your probation officer.

4

Attorney answers:

  1. John Walter Robinson
  2. Cynthia Russell Henley
  3. Paul Dennis Key
  4. Jerry Wade Tidwell Jr.

How do I get this misdemeanor a theft off my record?

Asked by a user in Mckinney, TX - over 1 year ago.

If and once you have successfully completed deferred adjudication probation, you them must petition the Court to formally dismiss and terminate your community supervision. Then you must file a civil Petition for Non-Disclosure (there is a filing fee). Once the Court grants and signs an Order of Non-Disclosure, you are then legally entitled to deny the offense ever occurred.

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Attorney answers:

  1. Jerry Wade Tidwell Jr.
  2. James Cannon Huber

Do i need a lawyer or court appointed attorney?

Asked by a user in Dallas, TX - over 1 year ago.

Although a major concern in hiring an attorney, fees should not be the only concern. There are 2 issues you should be aware of if you go the court appointed/public defender route. First, court appointed does not mean free. If you plead to the case in exchange for a plea bargain from the prosecutor or go to trial and are convicted, many jurisdictions will still assess the court approved fee against you as part of your court costs -- so you still end up paying for the attorney. Second, you do not...