Hunter Biederman's Answers

I shoplifted from a large department store what are possible consequences under Texas criminal cord

Possible consequences depend on the amount stolen. Under 50 = max punishment is a $500 fine 50-500 - up to 180 days in jail. 500-1500 - up to a year in jail. Higher amounts equal higher punishment. Best advice is to contact a lawyer that practices criminal defense in the Austin area.

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Violating ignition interlock requirements?

It will depend on how receptive the probation officer and court are to your assertion that it was not you. The probation officer (through the DA's office), could file a motion to revoke your probation based on the violations. You would then potentially be subject to whatever range of punishment (up to 180 days in jail) was originally worked out during your original sentencing. The state would need to prove that it was you that violated the terms of your probation. Testimony of a your...

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What are the consequences of receiving an MIP while on probation for an MIC?

You ask a few questions. Should I contest it? It is going to depend on "their" side of the story, and if a licensed attorney thinks they can beat the case. It will also depend on what the proposed consequences could be. In general, the maximum punishment for a MIP or MIC is a 500 fine. If he is on probation, that means he received a deferred probation. Sometimes, you can work a deal with the prosecutor to keep him on deferred probation on the MIC, and get deferred probation on the MIP as...

I just received a 2nd DWI in Harris Co - TX. Do second offenders usually get jail time?

The punishment range for DWI 2nd is 30 days in jail up to 180 days in jail, and up to a 4000 fine. However, the jail time can be "probated," which means you get probation. However, even if you get probation, by law you must serve at least 3 days in jail as a condition of probation. If your prior DWI was within 5 years, it is at least 5 days in jail. Jail as a condition of probation can be as many as 30 days.

My husband got a dui in 1999 and never finish taking care of it do i need to get a lawyer for his upcomming court date?

Absolutely. There can be speedy trial issues, or even simply research into the lack of evidence in the case. Missing videos, reports, or even an officer moving or getting suspended may come into play. A good attorney can do all of this, including getting open records on the officers involved. In general (assuming no new bail jumping type crimes came up), he should be in pretty good shape to get a good result with the right research done. Memories fade, especially 10 years later.

If my DUI was dismissed am I still required to get SR 22

John and Paul are correct on this one. The ALR (administrative suspension) is where the SR-22 insurance can come into play. That is why we recommend going to an outside insurance company to get an SR-22 policy. That way, if the case is dismissed, your insurance company is less likely to find out about the arrest.

If someone gets 17 yrs sentence prison time for dwi's in tx. when will he be able to up for parole

It will depend on many factors. If they got 17 years, it means they are either on DWI #4, or DWI #3, with a prior trip to the pen. In general in Texas, intoxicated related offenses serve the most time after violent offenders & sex offenders. Usually, true parole possibilities will only arise after at least half the time served.