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Erick Masten Platten
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Erick Platten’s Answers

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  • I have been denied a police report. Questions.

    I have been repeatedly denied the exsistence of a police report by a law enforcement agency in texas, according to the FOIA of texas I am legally entitled to this police report. this police report does seem to exsist, I made several requests for i...

    Erick’s Answer

    If it's a report for an ongoing police investigation then you are not entitled to it until the case has been completed.
    After the case is filed your attorney can obtain a copy through the discovery process.
    Good luck.

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  • My ex just bought a bigger dirt bike for my 13 y.o. And let him ride dirt bikes unsuperwised

    I wonder that I can do in order to protect my 13 y.o. My ex just bought a bigger dirt bike for Christmas for my son. He let him ride his old bike unsuperwised on wild trails. He is telling me that he will not let my son ride new bike unsuperwised ...

    Erick’s Answer

    This is Texas and some fortunate children learn to ride and even race their bikes from a very young age. I know it's only normal to be protective but he could be injured even riding a skate board or a bicycle. Try to be supportive and reiterate your concerns that he doesn't do anything too dangerous. A lot of fathers aren't even there for children.
    Seriously doubt any family judge would agree with you.
    Push the issue too far and the boy will be asking to live with his father.

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  • I have been charged with a DWI in Texas, but, I want to find a job in California.

    I have been charged with a DWI in Denton, Texas in the July 4th weekend. I have an arraignment hearing on January 27th, 2015. But, I want to find a job in Los Angeles, California and move there and serve my probation there. Will there be any impli...

    Erick’s Answer

    You need to talk with a Texas Lawyer that specializes in DWI defense ASAP. California may not accept a transfer of your probation. But, there are many things that need to be done before punishment is even considered. There could be problems with the traffic stop, sobriety tests, blood and or breath test. It's the defense attorney's job to try and keep out as much evidence as possible to obtain you the best results given your specific case. Do your homework and read about lawyers. Read their reviews.

    If your lucky one will answer during the holiday season and speak with you.

    Sincerely,

    Erick Platten
    Statewide Defense

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  • I cant do anything to help my freind

    So I can't do anything about it except for tell a trusted adult or someone

    Erick’s Answer

    More information is needed to understand your question. Please resubmit.

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  • Shouldn't evidence ("Fruit of a poisonous tree") be suppressed?

    Pulled over for (allegedly) speeding -During the stop, officer conducts a search (after being denied permission to do so) and discovers drug paraphernalia and driver license is suspended. An hour later, officer issues a ticket for "Poss of drug pa...

    Erick’s Answer

    • Selected as best answer

    Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal courts. The Supreme Court accomplished this by use of a principle known as selective incorporation; in Mapp this involved the incorporation of the provisions, as interpreted by the Court, of the Fourth Amendment which are applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is applicable to actions of the states.

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  • Did my attorney make the right strategic move, by electing to go with a jury verses letting the judge decide in my district case

    Judge is an elderly gentleman who is particular/difficult. Facts: Process server attempted 4 times to serve the defendant. 1 time, someone looked in the peep hole of the door and would not answer. Another instance, tshe lights were on, people were...

    Erick’s Answer

    This is a procedural issue for the court not a jury.

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  • Wanting to apply for early probation release when my two year mark comes up in July.

    I was entered into a plea bargain and plead guilty for burglary, which is a felony and was sentenced 8 years probation. I have had no prior convictions on my record besides a MIP when I was 18. I am now 23 and have served 1 1/2 years of my probati...

    Erick’s Answer

    • Selected as best answer

    After one year or one third of the sentence whichever comes sooner the individual is entitled to petition the court for early release.

    That's the law but some courts want the individual to do more time than is required by statute.

    If this in Panola County and you complete everything like you are supposed to you will have a good shot at early release.

    Sincerely,
    Erick Platten
    Tyler, Texas

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  • When pregnant does it detect thc more??

    i took a pee test last week and came out positive for marijuana, i also just found out i was pregnant a few days ago.. my pee test came out inconclusive which was too much water but still detected the weed, can it be due to my pregnancy???

    Erick’s Answer

    Here's something from web md:

    Smoking marijuana during pregnancy may cause lasting behavioral and mental defects in the child. A new study in animals suggests that children who are exposed to marijuana in the womb may suffer from a variety of long-term problems even if they aren't born with obvious birth defects.

    Researchers say that although marijuana is the most widely used illegal drug among women of childbearing age, little is known about the side effects of prenatal exposure to marijuana. They say previous studies have produced conflicting results because it's difficult to account for potential contaminants frequently found in marijuana and contributing effects of other drug and alcohol use.

    In this study, researchers examined the effects of exposure to an artificial component of marijuana called WIN in the offspring of rats who received the synthetic cannabinoid while pregnant. The mother rats received a daily injection of the drug that was comparable to a low-to-moderate marijuana dose inhaled by a human smoker.

    The results are published this week in the Proceedings of the National Academy of Sciences.

    Researchers Giampaolo Mereu of the University of Cagliari in Italy, and colleagues compared how these marijuana-exposed offspring compared to others rats in terms of memory and motor activity. They found that the rats exposed to WIN in the womb were significantly more hyperactive than the other rats, but these differences diminished as the rats reached adulthood.

    The effects of exposure on the rats' learning abilities were more long lasting. The WIN-exposed rats consistently scored lower than others on learning tests throughout their lives.

    Researchers say they also found that WIN interfered with the release of a brain transmitter called glutamate, a key chemical associated with learning and memory processing.

    Although these findings have not yet been confirmed in humans, the authors say these effects on brain chemistry and activity are consistent with existing data showing learning problems in children exposed to marijuana while in the womb.

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  • How long does Texas have to indict me if I'm on bond?

    I was arrested 6/28/14 on felony possession of drugs which were the passengers but because I was driving the car I was charged

    Erick’s Answer

    • Selected as best answer

    The state has three years from the date of your arrest to indict you.

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  • Rx medication, and Probation Officer/DWI

    I was in a wreck in 2008, which resulted in 2 back surgeries, and knee surgery, so I was prescribed pain medication for a few years. After all surgeries, and pain management, I was put on Buprenorphine, to help body adjust, and also for acute back...

    Erick’s Answer

    Your PO is not a doctor and has no say in your medical care. As long as the medications are prescribed to you and you are taking them according to your doctors orders you are not considered to be abusing your medications. You need to contact your lawyer to speak to the director of your probation department regarding these requests.
    If probation doesn't respond a motion to clarify your conditions needs to be filed so the court is informed about what is going on.

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