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Robert Sterling Guest
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  • My brother was found guilty on capital murder. .

    I would like to get further info on the process of an appeal.

    Robert’s Answer

    You need to hire a local post conviction lawyer immediately. The process involves filing a notice of appeal, possibly a new trial motion, and then reviewing the case for the best possible arguments on appeal. It's not something that is simple enough to explain on Avvo. Your brother most likely has a court appointed appellate lawyer, you should ask him/her what to expect. You can also try to retain a private appeals lawyer if you want.

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  • Texas case law and legal precedents for police brutality/ex force? police writing a misleading report by omitting information?

    Looking to get a case dismissed due to police brutality during arrest, excessive property damage during search, and omitting material information from the police report

    Robert’s Answer

    You'll need to hire a defense lawyer to assist. These aren't issues you can litigate without a defense lawyer. All police reports are misleading to some degree, in that officers usually only include information that fits their conclusion (that you are guilty) and they mold the events to fit that narrative and leave out other information that would show a defendant's innocence, it's police report writing 101.

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  • If my daughter is fifteen and she got pregnant by a nineteen year old and they got married in another State will he face prison

    He married her to keep from going to prison and at this time he does have a case opened up for sexual assault and he was sent a letter in the mail to call and go to the station for interview with the sheriff what are his chances of him not going ...

    Robert’s Answer

    He should not speak with the sheriff, or call to set up an interview, or speak with anyone in law enforcement until he hires a defense lawyer.

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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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