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John M. Gioffredi

John Gioffredi’s Answers

181 total


  • I am looking at embezzlement for about $3000 I have no criminal background can i get probation?

    They have not filed charges yet from my employer it just happened i am scared and do not know what to do.

    John’s Answer

    You ask if you can get probation in Dallas County if you have no prior record and have been charged with embezzling $3,000.

    I agree with what the others have stated. I'm working on a similar case right now in Dallas county. The amount stolen in this case was $5,995. I'm trying to get the assistant district attorney to dismiss the case outright if my client pays the full restitution amount up front. Unfortunately, my client gave a full confession upon arrest, and the prosecutor is insisting that he pleads guilty to a one year misdemeanor theft deferred adjudication probation. With his full confession on file, we can't turn that offer down. We're scheduled to take that deal on February 7th.

    So the short answer is probably yes, you can expect probation.

    Someone once famously said that confession is good for the soul. That may be so, but it's horrible for your defense!

    Best of luck to you! Get a good attorney!

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  • Will a class C misdemeanor (family violence) have me dismissed from attending nursing school, ?

    I was charged a class C misdemeanor, the lowest charge, for family violence. I was taken to the county jail and served time for it almost 24 hours. I want to get into the medical field for nursing and I am worried that this misdemeanor will preven...

    John’s Answer

    Mr. Churak's answer is dead on. If you are serious about becoming a nurse, or any other professional contact a lawyer immediately!

    Family violence charges are the only crimes in Texas where two successive class C offenses adds up to one felony! Family violence charges are VERY serious.

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  • My husband got sentence 30 days and got time served for 13 days how many more days would he have to stay in jail Dallas jail

    he is in a Dallas jail

    John’s Answer

    In Dallas County, the sheriff always gives two days "good time" for each day served, including back time. This is sometimes referred to as "3 for 1."

    If he has 13 days back time, that will satisfy up to a 39 day sentence (13 x 3 = 39), and he should be released within a few hours after sentencing, unless he has other chcharges outstanding.

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  • What type of DPS driving record does the city of Dallas County require for their Occupational Drivers License petition?

    Was it a type-3, AR, etc?

    John’s Answer

    First of all, there is no such thing as the "CITY of Dallas County."

    In the Dallas County criminal courts, no driving record is needed for an ODL. This is where misdemeanor DWI cases are filed. ODLs for a felony DWI are filed in the Dallas County District courts. They do require a driving record.

    ODLs are confusing even to lawyers. You could try to do one yourself, but you should probably hire a lawyer.

    Best of luck to you!

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  • Second first DUI and ODL eligibility

    I refused field sobriety tests for my first DUI so I had an automatically suspended license. I received an ODL and during the time period (before being convicted of the first DUI) I received another DUI but the DPS never received my reinstatement...

    John’s Answer

    • Selected as best answer

    Wow. This is a VERY complicated area of the law, and your question itself is very confusing. To accurately answer your question, a lawyer has to know exactly what your situation is. Usually, with a DUI, there are no sobriety tests given. But DUI cases, in Texas, ONLY apply to people under the age of 21 who have been drinking, but are not drunk.

    Assuming that you are talking about DWI arrests (i.e.-drunk driving) and NOT DUI cases (under age 21), in Texas, there's no such thing as an "automatically suspended license" for refusing field sobriety tests. You can be automatically suspended for 180 days for refusing a breath or blood test, but it's only automatic if you don't request a hearing within 15 days, which is possible, but would have been a big mistake on your part.

    If you get probation on both of your DWI cases, there will be no suspension for the convictions AT ALL, because they are both first offense DWI cases and you will have gotten probation on both. If you are convicted of the second DWI and do NOT get probation, there will be another 90 day hard suspension because of Transportation Code Section 521.251(b). The 90 day suspension applies because you apparently have had an ALR suspension in the five years preceding the date of your arrest. The 180 day hard suspension would not apply because your license presumably had not been suspended for a DWI conviction in the five years preceding the date of your arrest.

    If you were convicted of both DWI cases and didn't get probation on either case, there would be a one year hard suspension under TRC Sec. 521.251(d).

    You're going to need a lawyer to figure this out for you. Good luck!

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  • What classes are you required to take by the courts for a DWI in Texas?

    Was it MADD And Alcohol Awareness classes or was that the same thing? Also was Dallas county likely to lessen the monetary penalty for starting or completing these classes before getting charged?

    John’s Answer

    For a DWI probation in Dallas County, typically you have to take a 12 hour DWI Education program approved by the State of Texas, a drug and alcohol evaluation, and a DWI Victim Impact Panel. If you get probation, you'll likely be required to take these three classes. Sometimes I negotiate a plea bargain for time served if the client takes those courses up front.

    Taking the classes early probably isn't going to hurt you, but before doing that, I'd recommend having your lawyer ask the DA how that might effect your final punishment. If there will be no reward, you might want to hold off.

    Some clients choose to begin attending AA classes shortly after a DWI arrest. I wouldn't advise that as a primary strategy in trying to get a better outcome to your case. The final outcome of your case will probably not justify the additional cost in terms of time, money, and effort in attending all of those AA classes. On the other hand, if you have an alcohol problem and you want to deal with it, by all means confront it now! There is no time like the present! You will get SOME benefit on your case in addition to any personal benefit that you may obtain from AA.

    If this is your third DWI offense (or more), AA classes would likely be appropriate and help you in your final sentencing. If your alcohol level was greater that 0.15 or so, that's also a pretty good indicator that you may have an alcohol problem.

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  • The DOB on my citation is 10 years off they also did not write my middle name on it. Can this dismiss a Public Intoxication.

    These mistakes were made on my "Release to appear authorization" sheet I got when I was dismissed from the drunk tank. It has the price of the PI charge is stated on the sheet of paper. Can this be dismissed?

    John’s Answer

    To: Public Intoxication case in Dallas:

    You ask if an improper date of birth and / or the absence of your middle name on the citation can get your charges dismissed. The short answer is no, but you have an excellent chance of having the case dismissed otherwise.

    The only inaccuracies which potentially lead to a dismissal of a case are those which are descriptive of an essential element of the offense. Neither your date of birth nor your middle name is required on a PI complaint, so those errors are irrelevant (other than showing the officer to be less than diligent in his/her paperwork).

    On the other hand, from your description of the circumstances, it's pretty clear that this happened in the city of Dallas. Dallas is notoriously poor about prosecuting PI cases. Historically, PI cases are dismissed prior to trial over 80% of the time when proper defended, and they offer deferred adjudication routinely on the PI cases which aren't dismissed. Either way, you should be able to get the arrest expunged.

    Hire a competent lawyer, and you should be fine. Don't try to handle it yourself - there are too many things that can go wrong.

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  • I have a DWI convention in Dallas, Texas., have interlock device on car. First offense.

    My probation is over, the officer of the court said the case is closed and probation is over, and that he was sent the judge the paper to sign for the interlock release. Its going on 2+ weeks now and the judge has not signed. I am now way over my...

    John’s Answer

    Once your probation is over, the judge has absolutely no jurisdiction over you or your case. Any competent judge would immediately sign an interlock removal order, but one particular county judge in Dallas doesn't quite qualify as being "competent." I have had the exact same problem with her. No doubt your case is or was in her court.

    ASSUMING THAT YOUR PROBATION REALLY IS OVER (I have no way of knowing that other than your own statement) if I were you, I'd take a crowbar, some wire cutters, and a sledgehammer over to Guardian, and tell them that their precious interlock device WILL BE removed from your vehicle within ONE HOUR - their way, or YOUR way. I'd also tell them in no uncertain terms that you will not pay another penny for the use of their machine, regardless of how long it remains in your vehicle. They can look your case up online and see that you are no longer on bond or on probation. They know that means your device needs to come off. If they need an order from the judge, that's their problem, not yours. Tell them to get the order themselves - you're no longer on probation!

    I would do EXACTLY that, but I wouldn't go as far as actually ripping the device out. An angry threat should be more than enough to get the problem solved.

    Best of luck to you, my friend!

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  • Guilty, Not Guilty, or No Contest? Public Intoxication, Dallas TX.

    My goal is to get a PI dismissed and eventually expunged. Would it be a bad idea to plead "No Contest?"

    John’s Answer

    It would be a bad idea to handle it yourself. This is a legal matter. If it's important for you to get it expunged, then hire an attorney. If you just want to fool around with it and see what you can do on your own, then by all means handle it yourself.

    If you want to save money, you can cut your own hair - but you may not like the results! The same applies to practicing law!

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  • Can I get an occupational license in Texas if I violated implied consent law in New Mexico?

    Violated implied consent law at dwi checkpoint in NM. Criminal trial pending and administrative side is being appealed. I am a sales rep and my company will not allow me to drive with the interlock device installed in the company car. Would I be e...

    John’s Answer

    As long as you have a suspended DL, and it wasn't revoked for mental or physical disability, you can get an Occupational Driver's License (ODL) to meet your driving needs in Texas. If it's a first offense DWI, or it's been at least 5 years since your last DWI, you are eligible for an ODL immediately upon suspension. TCCP Art. 42.12 Sec. 13(i) covers when an interlock device is required. If the vehicle is owned by your employer, there may be an exception to any interlock requirement. You will need an SR-22, but it is very important that you get a "non-owner's"policy.

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