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Jason Heath Howard
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Jason Howard’s Answers

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  • What are some legal options to an unauthorized use of a motor vehicle charge when already on probation, but messed up?

    When my friend was already on probation for the Unauthorized use of a motor vehicle charge, he messed up on his probation and is facing maybe 180-2 yrs in jail. Is there any other legal options to take so he could avoid the jail time? And to reins...

    Jason’s Answer

    Assuming a petition to revoke his probation has been filed, the prosecutor should still have the authority to negotiate the case with your friend's defense attorney. That's why it's so important to hire one who will make sure to explore all options available to your friend. Yes, a judge can reinstate your friend but an agreement reached with the state can also usually achieve that same goal. Understand there are different ways ranging from treatment to short-term jail time to address your friend's violations without revoking him and sending him to state jail.

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  • I have a court date tomorrow for criminal Misch >=1500 <20k. My question is. What is the possible punishment I could get.

    1991 Buglery of building. Deferred adjudication 5 years completed.

    Jason’s Answer

    Criminal Mischief resulting in damages of $1,500 - 20,000 is a State Jail Felony in Texas which carries a penalty range of 180 days - 2 years in a State Jail facility and up to a $10,000 fine. If you completed the deferred adjudication from 1991 and that case was dismissed, you should not have a felony conviction resulting from that case and ultimately would still be probation-eligible. That is assuming, of course, you have not been convicted of any other felonies in Texas or any other state.

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  • I was convicted of Misdemeanor Assault in 2012 in Texas. I have completed probation. Am I able to have my record sealed?

    .

    Jason’s Answer

    In Texas, there are generally two types of probation in criminal cases - 1) straight probation or 2) deferred adjudication. Under section 411.081(d), a person may petition a court for an order of nondisclosure if they have completed a deferred adjudication (option 2 above) and the case was dismissed. There is no such remedy if you plead guilty and receive a straight probation (option 1 above.) Thus, it's very important you determine which type of probation you received at the time you pled guilty.

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