John M. Gioffredi's Answers

Texas DUI Deferred Adjudication...Is it on any type of record?

I must respectfully disagree with attorney Herman Martinez. There is a world of difference between a DWI and a DUI in the state of Texas. Just for starters, only persons under the age of 21 can get a DUI, but anyone can get a DWI. You can get deferred adjudication on a DUI (as you indicated you did), but you cannot get deferred on a DWI. In Texas, a DWI means "drunk driving." By definition, a DUI means that you were NOT drunk (otherwise, you would have been charged with DWI). As far as...

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Facing jail time for 2nd DWI in Travis County, TX.

You ask if you are facing jail time for A 2nd offense DWI. The short answer is not much and not likely. First of all, if you fight the charge and get a not guilty, there is no punishment, so there is obviously no jail time. That should be your first avenue to explore. Secondly, if there are no aggravating circumstances, probation is typically offered on a DWI 2nd offense conviction. But in Texas, there is a mandatory 72 hours jail time for probation on a DWI 2nd. Many judges and jurors...

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What legal questions can I ask in my own murder trial if I am doing a pro se

I hope that your question is a hoax - just to see how many lawyers will take the bait and respond to your question. If you are serious, God help you. Enjoy the rest of your days in prison. Either get a court appointed attorney NOW, or hire one. If you want to try your hand at criminal litigation, go out and get a traffic ticket. You need a lawyer.

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Would a sexual relationship between a 19 year old male and sixteen year old female (2.5 year age difference) constitute statutor

It would seem highly unlikely that law enforcement would pursue such charges, but never say never. Law enforcement can pursue whatever charges they want. Clearly the three year affirmative defense would apply in this situation, so I can't imagine the DAs pursuing these charges. The parents can squawk all they want - the older party has an affirmative defense to prosecution - end of story.

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3rd dwi sentence?

Your father was recently arrested for a 3rd offense DWI. The previous two DWI cases were in '91 and '92. In this case, there was a minor accident with no injuries. You ask what your father's sentence might be. A DWI 3rd offense is a 3rd degree felony carrying a range of punishment from 2 to 10 years in the pen, and a fine not to exceed $10,000. The sentence may be probated. The fine may be probated as well, but I can't recall seeing that on a DWI 3rd offense. In the Dallas area, it's...

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Will a good DWI attorney be able to overcome admission of "enough" and "quite a bit" to drink in a DWI Trial?

You ask if a good DWI attorney will be able to overcome your statements to the police that you had "enough" and "quite a bit" to drink in a DWI arrest. If those specific statements can't be suppressed (ruled inadmissible), they will undoubtedly be harmful to your defense. I often tell my clients that more people are found guilty for what they say than anything they did during their arrest. It has been said that confession is good for the soul. That may be true, but confession is lousy for...

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Moving to TX. DUI conviction 1 year ago. License will be reinstated with IID in March.

Wow. Such an easy sounding question, but such a complicated answer... Texas will almost certainly allow you to have a driver's license, but inter-jurisdictional suspensions can be tricky. You may have to jump through a number of hoops. There are a number of ways a driver's license may get suspended in Texas for a DWI: 1) A DWI 1st conviction, with no probation 2) Failing a DWI breath or blood test (scoring over a 0.15 BAC) 3) Refusing a DWI breath or blood test 4) Failing to pay a...

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Is it possible to get a public defender for my DUI charge in state of TX

The judge is supposed to appoint you an attorney if you are indigent (poor, and without resources to pay an attorney). As a practical matter, however, some judges are pretty strict in their determinations on who qualifies as indigent. For some, the fact that you have made bond and have a job will keep them from appointing a lawyer for you. You need to consider that in Texas, any DWI result other than a dismissal, or a not guilty verdict, results in a permanent conviction that will be on...

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If a case is disposed and it means that its closed, then why did the person get put on probation? and is it on their record?

You ask: Why is a completed probation for burglary of a habitation still on a person's criminal record? When a person is placed on probation, and successfully completes it, that case is "closed." But it still happened, and the law treats it that way. It will be included as part of the person's criminal record - for life. That's why it's called a criminal record - it's recorded! If it was deferred adjudication probation, it won't be a conviction - that's the main advantage of getting...

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I wanted to renew my vows this summer with my husband and want to know what will happen to our previous marriage license?

No. Your marriage doesn't "start over" just because you renew your vows. Your opld marriage certificate remains intact, and you won't get a new one. Renewing your vows is prett much just a ceremonial / romantic thing.

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