Derk Allan Wadas's Answers

Is there ever a circumstance when they have to divulge informant information in a criminal trial?

It is possible in limited circumstances. In Texas, Evidence Rule 508(c)(2) and (3) regulates the circumstances under which the identity of a confidential informat must be disclosed. Essentially, if it appears to the Court that the informant may be able to give testimony or evidence that is material to a determination of guilt or innocence in a criminal trial, the Court must give the State an opportunity to disclose the identity of the informant. If the State refuses, the court shall dismiss...

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TX criminal code, procedure for expunging criminal record

To answer your question about expunctions, there are several ways to become expunction eligible in Texas for a Class A Theft. First, a verdict of not guilty of the charged offense by judge or jury following a trial. Second, a dismissal by the prosecuting authority, and the running of the statute of limitations.(2 years for this type of case). Third, a reduction to a Class C which results in a successfully completed deferred on the Class C, and the running of the two year limitations period....

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What is the sentence range for two counts of title 18 USC section 494

Under 18 U.S.C. sec. 494, the maximum punishment is ten years in prison. Sentencing in the Federal system is generally accomplished through application of the advisory U.S. Sentencing Guidelines. There are numerous factors that infuence the applicable guideline range, and an attorney would need more facts to offer an educated opinion. You would benefit from a consultation with a competent criminal defense attorney with experience in Federal criminal defense. That attorney may be able to...

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Can a misdemeanor A dismissed charge be expunged?

Generally, when a case is dismissed, the arrested person is entitled to an Order of expunction after the statute of limitations runs. In misdemeanor cases the statute of limitations is two years. The limitations period begins to run at the date of the alleged offense. An argument could be made that the period of time you spent in the diversion program had the effect of "tolling" or temporarily halting the running of the limitations period. Finally, I used the term generally in the...

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Can I still be arrested or prosecuted for a Class A misdemeanor in Texas from 1999?

If an "information" charging you with public lewdness was filed prior to the running of the statute of limitations, then yes you may still be subject to arrest and prosecution. I would not expect to see a warrant for this offense to appear on a City warrant list, as this offense is a Class A misdemeanor and would not be prosecuted in the Dallas Municipal Court. The database it appears that you are referring to is for warrants associated with the prosecution of Class C offenses in the...

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I have past drug charges on my record i had pre trial diversion and differed judification how can i get these charges expunged

Based on your question, I am unclear as to whether you are referring to one case or multiple cases. In a typical pretrial diversion program, no formal charge is filed and the arrested person participates in an informal "probation", or otherwise satisfies some conditions so that the case is, in fact, never filed. If you successfully completed pretrial diversion and the case was never filed, you may be eligible to expunge the record. Under the current state of the law, you will be...

What if you miss ALR?

I agree with the above answer but would add that you have a narrow time frame in which to file paperwork asking that the court set aside the suspension. The document is referred to as a Motion to Vacate the Default Order. Their are specific requirements concerning the time in which to file, the parties upon whom to file and the contents of the Motion. If the Court grants the Motion to Vacate the Default Order, the matter will be placed back on the hearing docket. I would encourage you to...

Will this hold up in court?

I agree with the above answer and would add only that the medication issue presents special problems of proof for the Assistant District Attorneys who will try to convict you. Without a blood test, it will be difficult for them to prove 1) the presence of the medication in your system at the time you were allegedly driving and, 2) that the medication was in your system at a level that would cause you to not have the normal use of your mental or physical faculties. Even with a blood test,...

I have a Class C-theft , deffered for a period of 90 days and paid fine 300. Can I apply for expungemnt after 90 days?

Under the current state of the law, you will be required to wait until the statute of limitations expires. For all misdemeanors the statute of limitations is two years. In other words, you are not expunction eligible until at least two years from the date of the offense for which you were placed on deferred adjudication.

What is the general penalty for Obstruction of a highway in the state of texas

Obstructing a Highway is a Class B misdemeanor, punishable by up to 180 days in the county jail and a fine not to exceed $2,000.00. Penal Code. 42.03.