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Scott Douglas Marquardt

Scott Marquardt’s Answers

636 total


  • Misdemeanor Extradition?

    About 17 years ago, I got arrested for a Class B Misdemeanor in Texas. When I showed up for court date I was informed that it had been rescheduled. I was in the process of moving during all this, and due to unforeseen circumstances was unable to m...

    Scott’s Answer

    Texas counties typically do not extradite non violent misdemeanors. Additionally, misdemeanor warrants are not communitcated to other states except in the case of direct requests.

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  • Will this revoke my probation? What will happen?

    I am on probation for a petty theft crime that happened over the recent summer. I have been on time/ahead with all payments, fees, community service, and po visits. Today I got into a very, very minor fender bender that resulted in only simple lit...

    Scott’s Answer

    Class C traffic offenses are not grounds for a revocation unless the thing you were ticketed for was a condition of your probation. Your PO will ask you if you had contact with law enforcement and you need to disclose it but it is unlikely thst you will be violated. Good luck.

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  • I had a class C felony for Burglary 2 in Oregon in 98 and would like to reduce it to a misdemeanor.

    I've looked into expunging my record but would it be easier or cheaper to just reduce my change to a misdemeanor.

    Scott’s Answer

    If you are looking to expunge a crime, you must do it in the state in which you caught the charge (in this case Oregon). You need to resubmit it in the Oregon section.

    Good luck.

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  • My ex-girlfriend is pregnant, and doesn't want me involved. No visitation, no child support. Can I legally just disappear?

    I am recently divorced and have two children. I have all I can handle, and don't want any more children. My ex-girlfriend has 3 children from a previous relationship, and told me that her tubes were tied. However, about 3 months ago, she had a ova...

    Scott’s Answer

    If the child receives any kind of State aid, you can be held liable for support. Child support is not between your girlfriend and you, it is between you and your child. A judge may show you some sympathy on back support if she tells you it is not yours and prevents you from being involved. You do need to talk to a family law attorney.

    Good luck.

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  • Is it possible for child support be cancelled if you reconcile with the the child's mother/father?

    We're currently living together and taking care of our child.

    Scott’s Answer

    Yes. The two of you can do so as long as there is you both agree. You will need to file a petition to modify. Also, look at your decree. Most decrees have language that cancels support upon marriage or remarriage of the parties. Good luck.

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  • If I got flashed by a red light camera while on deferred adj probation for possession of a controlled sub/u one gram is my P.O.

    gonna find out? And how is this gonna affect me? I have been doing so good and had not had any violations or dirty u.a.'s. I know one of my terms were not to violate any laws while on probation. Please help I am very worried about this. Thanks

    Scott’s Answer

    In Texas, red light cameras are civil violations not criminal. You should be fine. just pay the fine when the notice comes in the mail.

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  • My husband is in prison on his 3rd time what is his percentage of him making his 1st parole if i hire a lawyer

    this is his third time in prison his first time he signed on one year his second time he signed on 3 years and this time he was sentenced to 10 years with 3 months back time he has been incarsarated since january 23 2015 he sees parole april 2016 ...

    Scott’s Answer

    It depends on the nature of his offense. It also depends on his conduct while inside. It sounds like his first trip was a state jail felony so there would have been no parole possible. Getting the advice of a parole attorney could not hurt.

    Good luck.

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  • Why would this persons criminal trespassing charge be upgraded to to a felony?

    I know this girl, and she has a court record in 2010 that says as follow: (Case Type: Adult Misdemeanor - Filed by Information/Charges: CRIM TRESPASS HABIT/SHLTR/SUPRFUND/INFSTRT/Statute: 30.05(d)(3)(A)/Level: Class A Misdemeanor) and the...

    Scott’s Answer

    Based on the limited facts that you supplied, would guess that the likely reason would be that the misdemeanor tresspass charge was likely enhanced one degree of severity because of prior convictions. The person needs to retain a good defense attorney. Good Luck.

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  • How can you cancel a child support card?

    I am 17 years old, and my mom and dad pay child support to my grandparents. Though, because of conflict I moved out and now live with my aunt and uncle so they now take the child support from my grandparents. I don't feel comfortable living with m...

    Scott’s Answer

    Unfortunately, under the laws of Texas, you are the responsibility of your grandparents until you turn 18. You can petition the Court to emancipate you when you are 17, however, you will need to prove to the Court that you are capable of caring and financially providing for yourself. Also emancipation would likely end your dad's obligation to pay child support. You need to consult a lawyer in Cypress to further explore your options.
    Good Luck.

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  • Is there a timeframe in which a father of a newborn child must establish paternal rights or risk losing all rights to the child?

    Unmarried couple have a child 7 months after split and maternal side doesn't want paternal party to establish rights. Paternal party has intentions to establish paternity as soon as financially possible. Is there an expiration date on his ability ...

    Scott’s Answer

    Mr. Gilbert is correct. You have 30 days to either have yourself put on the birth certificate or to file an acknowledgement of paternity. Since those are no longer available to the father in your scenario, he will need to file a Suit Affecting the Parent Child Relationship (SAPCR) and request a paternity test. If he is the father, he will be able to ask the Court to establish temporary visitation and support.

    Good Luck

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