Robert Sterling Guest's Answers

Can felony conviction be reduced to misdemeanor in Texas?

Don't listen to California lawyers who know nothing about Texas law. In Texas a conviction can not be changed from a felony to a misdemeanor. You can get a pardon, but barring that there is no motion to change a conviction to a lower degree of offense. I am curious about what you pled to. The minimum sentence for a State jail felony is 180 days state jail. You should check your plea paperwork (judgment). There are certain agreements (12.44) that treat state jail felony cases like...

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How do you make a court appointed attorney actually work on your behalf???

In Dallas, it's not uncommon to reset a case many times. If you don't like the way your court appointed lawyer is handling the case I'd recommend 1) sharing your concerns with your attorney and 2) scheduling some interviews to see if you can hire a private attorney.

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Facing 2x Assault Family /w BI. Have alleged victim plead with prosecutor?

I would recommend asking your lawyer these questions. Basically, you are asking the best way to defend a family violence case. There is no standard answer to that question. I don't know enough about the facts, prosecutor, judge, "victim" to advise you on how to proceed. Your question is well beyond the scope of what can be answered on AVVO. Consult with your attorney to decide how to proceed.

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Friend plead guilty, but felt wrongly accused...need advice!

If he pled, he more than likely waived his right to appeal. You need to hire the best lawyer you can afford. Find a local criminal defense lawyer who handles post conviction matters (appeals/writs). If your friend plead guilty, and waived his right to appeal, he can still file a writ challenging his plea. Do not delay.

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What do I need to do, If I married two people?

Our firm handles family cases in Hunt County. If you'd like to come in for a consultation we can see what your options are. Please call 972.564.4644. Bring whatever paperwork you have to the consultation.

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My daughter is getting bullying texts can I file for Harassment charges?

Not sure the criminal justice has a solution for this situation. You have a first amendment right to say very mean things, and texts are speech. The telephone harassment laws have been used to prosecute in these situations, but at least one appellate court has ruled that this behavior is protected by the First Amendment. To be sure, take the texts to some local attorneys and see what they recommend.

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Do I need to hire a lawyer to have my DUI expunged?

Expunctions are very limited in Texas. To qualify you must have received a not guilty verdict, or had the case dismissed. If you took probation, you will not qualify for an expunction. Motions for non disclosure are similar to an expunction, but not as robust an option. They are limited to deferred probation cases and DWI does not allow for deferred probation. To give a defininte answer I would need to see your criminal history. Schedule a consultation with a local attorney. Have her look...

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Options for a more cost effective way to deal with warrants from failure to appear for some traffic tickets.

Contact a local ticket attorney. See if he can lift the warrants and if you can get the fines reduced or some of the cases dismissed. Fixing the car will not dismiss the pending cases.

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As the non custodial parent, what are my legal rights when my child has been removed from the home by CPS in Texas?

Being behind on child support does not affect your conservatorship of your children. You should hire an attorney immediately so you can assert your rights in court. Don't wait for CPS, take the initiative and fight for your children. If the mother is not a fit parent, you can petition for custody of your children.

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Can i win, if i fight my public intoxication?

The above answer is correct, Miranda is not always a useful defense. PI cases are very rarely given sobriety tests, the standard for PI intoxication is different than DWI intoxication. You can only win if you do fight. The system is set up to discourage defendants from fighting PI cases. For example, hiring a lawyer and spending hours on end in municipal court is expensive. Paying the fine is usually $200-$300. Most people give up and pay the fine, even though they are innocent. In...

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