John M. Gioffredi’s Answers

John M. Gioffredi

Dallas DUI / DWI Attorney.

Contributor Level 12
  1. Is it possible to get a public defender for my DUI charge in state of TX

    Answered almost 6 years ago.

    1. Kelly W. Case
    2. Eli Zev Ilionsky
    3. John M. Gioffredi
    3 lawyer answers

    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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    3 people marked this answer as helpful

  2. 19 months to get obligatory blood test back. Court requests interlock device for first alleged offense. Any other options?

    Answered 8 months ago.

    1. John M. Gioffredi
    2. Todd Gregory Lehn
    3. Gene Raymond Beaty
    4. Macy Michelle Jaggers
    4 lawyer answers

    There's no such thing as an "obligatory" blood test (it's either consensual or non-consensual) but it's a cool word, so that's OK. Your friend may wish to pursue a speedy trial claim. He/she has an unusual delay in excess of one year, probably without legitimate justification. If combined with repeated demands for a speedy trial and a showing of some prejudice to the defendant, that may be able to get the case dismissed. See my summary on speedy trial rights for more information.

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  3. I have a probation violation warrant for my arrest this is my second violation my first violation wasn't revoked whats will hapn

    Answered over 1 year ago.

    1. John M. Gioffredi
    2. Lucio Antonio Montes
    3. Stephen Andrew Hamer
    3 lawyer answers

    Nobody knows what will happen to you if you violate probation. I'll answer your question like I answer every other probation violation question: If you are on probation (and apparently you are), and the DA can prove that you violated your probation (and it sounds like they can), then the judge can do anything he or she wants to you, as long as it is within the sentencing options provided by state law. That includes a lot of options, including a long prison sentence. I somewhat disagree...

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

    Answered 9 months ago.

    1. Gary Churak
    2. Scott Douglas Marquardt
    3. John M. Gioffredi
    4. John Douglas Lloyd
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered 10 months ago.

    1. Gene Raymond Beaty
    2. Gary Churak
    3. John M. Gioffredi
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

  6. I was just charged with a possession of drug paraphernalia. What are my chances of getting this off my record?

    Answered about 1 year ago.

    1. Stephen Andrew Hamer
    2. Todd Gregory Lehn
    3. John M. Gioffredi
    4. Kevin H. Pate
    4 lawyer answers

    You state that you were charged with the offense of drug paraphernalia in your college dorm, but you had nothing on your person nor in your room. With those facts, you could likely win in trial with a lawyer, but that would likely cost you $750 to $1,500, or even more, and there could be no guarantee of winning. In Dallas County, under that set of facts, I can all but guarantee (98%+) that you could get deferred adjudication probation, and upon successful completion of that, you'd be...

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  7. Can cops put "workers" present regardless? Is it the ticket holder's responsibility to prove otherwise?

    Answered about 1 year ago.

    1. Todd Gregory Lehn
    2. John M. Gioffredi
    3. Stephen Andrew Hamer
    4. Andrew Stephen Roberts
    4 lawyer answers

    It was LABOR DAY. It's hard to imagine that LABORERS were working that day, so I think your testimony alone would go a long way towards proving that you are right. It's not impossible to prove that there was no workers, but anytime that you are contradicting a cop there is a good chance that you won't win that battle. We charge $75 to handle Dallas tickets. Call us if you want legal assistance. 214-739-4515

    2 lawyers agreed with this answer

  8. I have a "theft by check less than $500" in McKinney. I paid the fees & checks off through the court. How do I get it dismissed?

    Answered about 1 year ago.

    1. Deepali Meenu Walters
    2. Stephen Andrew Hamer
    3. John M. Gioffredi
    4. Michael James Edwards II
    5. Michael Douglas Shafer
    5 lawyer answers

    You have a "theft by check less than $500" pending against you in McKinney, you have already paid off the restitution, and now you ask the best way to get it "dismissed, expunged, never to be seen again." The BEST way to get it "dismissed, expunged, never to be seen again" is to hire a lawyer FIRST, then make that part of the plea bargain BEFORE you pay any of the restitution. While you still owe the money you have MUCH more leverage to get that done. Once you've paid the money, you have...

    2 lawyers agreed with this answer

  9. Do I need an attorney. I was arrested for for Assult on a child, which is not what happened. I was at a concert and one thing

    Answered about 1 year ago.

    1. Stephen Andrew Hamer
    2. Frank Mascagni III
    3. Anthony Michael Solis
    4. Bart Charles Craytor
    5. John M. Gioffredi
    5 lawyer answers

    YES! You need a good attorney! As you state: You can face a LOT of jail time (actually penitentiary time) but whatever. The court appointed attorney SHOULD help you. Most are very competent and highly dedicated, so you may already have a good attorney! But then again, some of them are awful. If the girl was 16, almost anything beyond kissing her or holding her hand is sexual assault of a child. It may be a stupid law (I think it's ridiculous myself), but it IS the law in the state...

    2 lawyers agreed with this answer

  10. How can I get a Misdemeanor class c Offenses Expunged?

    Answered about 2 years ago.

    1. M Elizabeth Gunn
    2. John M. Gioffredi
    2 lawyer answers

    You ask if you can get Class C midemeanors expunged. The question might seem simple, but the answer is fairly complicated Class C misdemeanors include traffic tickets and any crime which is punishable by fine only. These cases are normally filed in municipal or JP courts. For any Class C acquittal or outright dismissal (i.e.-you were never fined or put on probation), you could expunge the offense under Texas Code of Criminal Procedure (TCCP) Section 55.01. You should also be able to...

    2 lawyers agreed with this answer