Skip to main content
John M. Gioffredi

John Gioffredi’s Answers

181 total


  • How long can the State of Texas wait to file charges on a indecency with child charge.

    I was arrested and its been 3 months since my arrest and I have never been formally charged by the DA's office yet.

    John’s Answer

    In Texas, there is no statute of limitations for murder, sexual assault, or indecency with a child, along with a few other crimes. If you are GUILTY, hire a lawyer as soon as possible and start planning your defense. If you are NOT guilty, hire a lawyer as soon as possible and start planning your defense. If you aren't sure, hire a lawyer as soon as possible and start planning your defense. The road ahead for you is likely very rough indeed. The very best of luck to you!

    See question 
  • How long can someone be arrested without charges if the person is in the hospital, and can they keep their family from visiting?

    My brother was recently shot by a police officer and he has been in the hospital for a week now. We have not been allowed to see or talk to him. We haven't even been able to talk to the doctor or nurses. The hospital won't acknowledge that he is t...

    John’s Answer

    You haven't talked to him. You haven't talked to the nurses or doctors. The hospital won't acknowledge his presence.

    What hospital? How do you even know he is there? Could he be in another hospital? Or in jail by now? Have you contacted the press? They are usually right on top of any police shootings.

    See question 
  • Can a probation officer extend my time just because I haven't paid off court fees!

    My probation officer has extended my time by 3 months because I have not paid off court fees . I have paid off all probation fees . I thought court fees are different department from probation. Is he allowed to extend my time just for that reason

    John’s Answer

    I agree with the others. If your probation is extended, you'll have more monthly probation fees and more trips to your probation officer. Try to get everything paid off ASAP and get this all behind you!

    See question 
  • What is the difference between interview by the police and getting arrested?

    A cop wants to interview me due to a fraud allegation. I contacted a lawyer and asked him to talk to the officer to get more info on the matter. The police told him that he is not going to arrest me and the interview is for 2 hours. Now my questi...

    John’s Answer

    You write that a police officer wants to interview you regarding a fraud allegation. Don't do it. Just say no. If you have a lawyer, refer them to your lawyer.

    For a thorough discussion about what can happen if you DO talk to the police, go to YouTube and search under the heading "Don't Talk to Police." There you will find an eye-opening 48 minute lecture jointly presented by a law school professor and a police officer. If my clients express a continued desire to talk to the police against my advice, I instruct them to watch this video first. If they take the time to watch this video, they usually decide not to talk. Take the time. It might be the most important 48 minutes of the year for you.

    You haven't been arrested or charged with a crime yet. If you want that to change, talk to the police!

    Best of luck to you!

    See question 
  • I have a DUI restricted license in CA and am relocating to TX for work. Can I get a restricted license in TX as well?

    I have 9 months left until my license can be reinstated in California. If I can get a restricted license in Texas I would also be interested to see if it might add additional time to the restriction. Thank you!

    John’s Answer

    Absolutely! As long as you had a driver's license in California and it was suspended for reasons other than physical or mental disability or impairment, you should be able to get a Texas Occupational Driver's License (Texas Transportation Code Section 521.242.) A Texas judge can allow you to drive anywhere in the state of Texas and up to 12 hours in any 24 hour calendar day.

    See question 
  • My case hasn't been filed yet..

    I was charged with possession of a cs. Class b misdemeanor, and my initial court date was suppose to be at the middle of January of 2014, but when I arrived that morning, they told me to call in and check every week to see if my case has been file...

    John’s Answer

    I agree with the other answers, but this particular problem is unique to Dallas county. On misdemeanor cases, the sheriff's office gives you a fictitious court date (to check the misdemeanor "bulletin board") before they even know if a case will be filed against you, which is complete BS. I've seen people trudge down to the courthouse unnecessarily every two weeks for over a year checking to see if they have a court date.

    Either hire an attorney to take care of this for you, or figure out how to monitor it online so you can save numerous wasted trips to the court house.

    See question 
  • Can an individual seek mandatory GPS monitoring based on a desire to protect himself and society from his predator impulses?

    The GPS tracking and monitoring being sought would need to include various exclusion zones such as schools, parks, playgrounds and typical gathering places for young people. The deviant urges are serious enough to raise concern of more serious con...

    John’s Answer

    You ask if an individual can seek mandatory GPS monitoring to protect himself and society from his predatory impulses.

    Wow. That is a unique question. As far as I know, anybody can order a GPS monitor for themselves (or their family, etc.) at their own expense. Assuming that it was functioning properly, the GPS should be able to monitor his every movement. It should also be relatively easy to find a GPS monitor by simple Google search.

    There is however no device or system (to my knowledge) to "alert" anyone upon entry into all of the prohibited areas such as you describe. The programming to do that might be possible, however I think it would be very difficult and cost prohibitive.

    I greatly admire your attempt to protect this person and especially any potential victims by being vigilant and proactive. I would think that counseling would be your first line of defense. Presumably an experienced counselor would have other suggestions as well.

    Best of luck to you! Be safe!

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

    Friend complied with blood request and was arrested. no suspension of license as he didn't refuse. Out on bond for 19 months when court notifies him that he has new bond requirements including interlock device. It seems to me that a hearing may be...

    John’s Answer

    • Selected as best answer

    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.

    See question 
  • Do I need to get out of my car after a traffic stop?

    If a cop pulls me over for a head/tail light out, or whatever the reason it might be. Do I really have to get out of the car, if she/he asks me to, after giving him/her my insurance and DL? I have been stuying the fourth amedment right, however, ...

    John’s Answer

    • Selected as best answer

    You ask if you must exit your motor vehicle upon the request of a police officer.

    Yes, for two reasons: 1) The United States Supreme Court has said so since 1977, and 2) I've seen officers beat the hell out of people who refuse to do so. The person refusing to exit the vehicle is then generally charged with resisting arrest. And you are correct, the case that decided that is Pennsylvania v. Mimms, 434 U.S. 106 (1977), which was a 6 - 3 decision, meaning 3 of the justices disagreed with the decision. But it's still the law.

    The decision held that the intrusion upon the privacy of the individual driver was minor, and outweighed by the risk of danger to the officer. In another case, the "get out of the car" rule was extended to passengers as well as drivers.

    The only actions a motorist is required to do (other than to obey all traffic laws) is 1) pull the vehicle over if emergency lights are activated, 2) provide proper identification upon request, and 3) exit the vehicle upon request.

    Best of luck to you!

    See question