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Robert Sterling Guest
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  • How can I go about getting my records hidden?

    I have a 2 felonies that I would like to have hidden. I did 1yr9mths tdc time back in 08 and was released in 09. Finished up parole in 2012. I have not gotten into any trouble. what should I do?

    Robert’s Answer

    If you went to TDC then you were convicted, and convictions can not be expunged in Texas. All you can do is apply for a pardon, but Rick Perry hates granting pardons, you have a better chance at winning the lottery. Sorry, but under the current law you can't expunge your records.

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  • Can late notice of a probable cause hearing demand dismissal on the merits?

    computer not working well. served with notice 24 hours late. 972/231.2841

    Robert’s Answer

    Dismissal of the case? The hearing? I'm not sure what you're asking. What's the PC hearing for? A motion to suppress? An examining trial? Is this a state case? Federal? I need more information, which you don't want to post online as it's not privileged. If you are facing a hearing in a criminal case you should have a lawyer representing you.

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  • What does Open plea of true mean ?

    my bf was arrested for a probation violation for failure to report . He had a motion to revoke , two announcements , now on his case file it says under event type open plea and und the comments it says Open plea of true which is not in tell may ....

    Robert’s Answer

    Generally an open plea of guilty or true (in probation cases), is when you plead without a plea bargain, or agreed upon sentence and you let the judge or jury decide the punishment.

    In this case it appears your boyfriend is going to tell the judge the allegations in the motion to revoke his probation are true, and ask the judge to sentence him.

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  • Are speeding tickets a felony or misdeameanors

    my husband had numerous speeding tickets no insurance but all were taken care of. now has his license back. We are in trouble for a felony charge can they throw all these together and make him a career criminal or are traffic only misdimeaners? ca...

    Robert’s Answer

    Speeding ticket can not be used to enhance felony charges. 2-20 cases are second degree felonies, 25-life cases require prior felony convictions or a charge of continuous sexual assault.

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  • Can an arresting agency (police) provide a DWI arrest video directly to the defendant without going through the DA?

    My lawyer asked the police for the arrest video to assist with the ALR hearing but they declined to release it. Was there any possibility that the police would have released it?

    Robert’s Answer

    Each police department has a different policy. The law doesn't require them to release the tape, so most won't. But it doesn't hurt to ask. This is just one example of how the DWI game is rigged against defendants in Texas. We hide the most important piece of evidence, the video, from the defendant at the ALR hearing. Why? Because they don't want your lawyer to use it to cross examine the officer at the hearing. Just wait, it gets worse. The DWI game in Texas is set up to get you to plead guilty, or be found guilty, so the State can get their money from you (surcharges, fines etc).

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  • I was falsely arrested for trying to shoot a neighbors dog after instructed by sheriff department

    Dog attacked other dogs and daughter in law in m yard sheriff stated shoot the dog and drove away. Got gun out and neighbor came charging after me bean chest butting while I was holding gun. All I did was face the butt of the gun not the barell. ...

    Robert’s Answer

    What should you do? You should hire a local criminal defense lawyer.

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  • Can the judge throw me in jail if i dont take a pleadeal like my lawyer said he could

    my lawyer had told me that if i didnt plea and take the deal that was on the table that the judge would throw me in jail and await trail so is that something the judge can do

    Robert’s Answer

    It's not something a judge should do, but it the judge does throw you in jail for not pleading then your lawyer needs to be ready to protect you. I'd talk to your attorney about what his plans are if the judge follows through with this threat.

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  • If my attorney is late for docket call at my defense trial, does that hurt my case ? my case got bumped because of case overload

    If my attorney is late at my defense trial, does it hurt my case and make me look bad ? my case got bumped that day, the court claimed because of "unexpected" cases of inmates. I am wondering if I should be suspicious of my attorney, because the ...

    Robert’s Answer

    Defense lawyers are usually required to appear in multiple courts at the same time, which is impossible. For example, in Dallas all the misdemeanor settings are at 9, and as a defense lawyer I can set in 5 different courts that morning. I"ll be late to at least 4 of them and the judges understand that. Unless it is a jury trial setting I wouldn't be too worried about it. It sounds like an announcement setting in which you appear and then reset the case so both parties can work on the case more.

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  • I have a civil lawsuit from a junk debt collector pending w/ court date set for 27 days from now. What's next for me to do?

    3rd party junk debt collector, JP court, not dismissable by statute of limitations, already filed answer and served plaintiff with answer. I need to win this case and do everything correct, but cannot afford an attorney, (that's why the debt char...

    Robert’s Answer

    It's hard to walk someone through the civil litigation process on Avvo. This forum is for general Q&A questions, what you are asking is for someone to tell you how to litigate a debt defense case, which is beyond the scope of this forum. The reason is that the answer you seek depends on the facts of your case, which we don't know. I know you believe you can not afford a lawyer but I would encourage you to call around and see if anyone can work with your budget.

    Here is a link to our debt defense page, it provides general information, but maybe it can get you an idea of what to expect. http://www.guestandgray.com/debt-defense.html

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  • I have a no contact order on my parole and looking for an attorney who can help me fight it. tylersmom1104@gmail.com

    please, if any one knows of a lawyer that handled cases on special conditions of parole ,tell me know.

    Robert’s Answer

    Try Bill Habern, http://www.paroletexas.com

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