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Lisa Mary Haines
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Lisa Haines’s Answers

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  • I got charged for possession of marijuana I had on me 6grams and I'm a resident will they take away my residence away ?

    Advice

    Lisa’s Answer

    Tarrant County has two diversion programs for such a charge. If you are under 25, you may qualify for the Deferred Prosecution Program. You can look up that program and the drug program (DIRECT) on the internet to see what is required and whether you qualify. Whether you qualify for a court-appointed attorney or hire your own, any criminal defense attorney worth her salt here in Fort Worth should know all about these programs. Successful completion of the diversion program allows you to get it erased ("expunged") from your record. No police agency, Department of Public Safety (Tx DPS), Tarrant County District Attorney's Office, Tarrant County District Clerk's Office, nor any private businesses would be able to pull up any record of this arrest if the judge grants the expunction. Remember though, you have to affirmatively seek to expunge your record. It is not automatically done when you finish the diversion program. A criminal defense attorney can file a petition and prepare an order for the judge. First, though, you need to handle the original marihuana charge.

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  • If you have a D.U.I over 15 years old, does it still count against you ?

    I had gotten my second one bout 5years ago, and a third just last week.

    Lisa’s Answer

    Yes, all of your priors count, regardless of how long ago you were convicted. Your two prior DWIs were misdemeanors and will be used by the prosecutor to enhance your new DWI to a felony crime. In our state (Texas), this will be filed as a 3rd degree felony. It is punishable by 2 to 10 years in Texas Department of Corrections and a fine up to $10,000. Even with a probation plea, it will be a conviction. There is no deferred probation on any DWI in Texas. We criminal defense attorneys have the opportunity to attend several seminars annually that specifically deal with challenging DWI arrests on the basis of the traffic stop, the forensic evidence collected by the State, and the testimony of the officer and State's experts. Clearly you should look into hiring a criminal defense attorney who is well-versed on challenging the breath or blood evidence, the SFSE (standardized field sobriety evaluation), and taking a DWI case to a jury - one who attends or presents at these seminars.

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  • I'm on felony probation and got a Dwi in another county what are my chances of getting my probation reinstated?

    I am on felony probation for drug possession. When I first got put on probation I had nothing no job no car nothing. Now I have 2 jobs and a car. I always make my monthly reports I always pay my fees. No failed UA or anything. I completed a 9...

    Lisa’s Answer

    Committing a new crime while on felony probation is probably at the top of the list for angering a judge and getting probation revoked. But factors that could balance in your favor might include: being current on all fines/fees, being current on all community service, having clean drug tests, completion of all probation classes as directed, reporting on time to your probation officer each time, and how much time you have already successfully served on probation.

    Be sure to read the DIC-25 document you received from the officer when you were arrested for the DWI. Your driver's license may be suspended right now. You can be arrested for driving while your DL is suspended. Your probation officer can add violation to the motion to revoke. A judge only needs one violation to revoke your probation. It can be as simple as failing to complete your community service for one month or driving when your license is suspended.

    There are possible options short of being sent to Texas Department of Criminal Justice (aka prison). I would recommend that you talk to a local criminal defense attorney, one who knows the judge, prosecutors, and court probation officer in your court, so that you can find out what options are available in that court with that judge.

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  • What should I expect on my first violation on my smart start?

    I failed on my breathalyzer for the first time. I have been up to date on classes, payments, and community service. I have 4 months left on my probation. I have 2 POs I report to one by mail and the other one in person. My DWI came out of Tarrant ...

    Lisa’s Answer

    Though it is usually with a higher (felony) DWI interlock violation, judges sometimes order a probationer to spend a few days in jail upon such a violation. But if a petition to revoke probation is filed, the probationer always has the right to a hearing with the judge to fight the revocation.

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  • My friend is in tatrant county jail. His bond amount is 50k. I don ve money how can I bond him out?

    I m sure he ll manage some money as soon as he comes out, he was a business owner he recently closed his business coz of land lord. All his inventory r in public storage, coming Tuesday they r going to auction his stuf which r a lot valuable. Pls...

    Lisa’s Answer

    You cannot bond anyone out without money (cash or credit card). The judges in our county use a range of bonds that are specific to the level of crime. $50,000 looks like it is for a 2nd or 1st degree felony. Whether your friend hires an attorney or qualifies for a court-appointed attorney, he will need an attorney to seek the bond reduction. Either attorney can seek the bond reduction but be aware: the district judge does not just automatically reduce a suspect's bond when a motion is filed. An attorney can advise your friend about the bond reduction as well as the entire legal situation your friend is facing.

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  • What are typical bond conditions for a second degree felony possession charge? Could a lawyer get them modified?

    This is my third felony drug possession charge though first was deferred adjucation probation. This is for poss 4-200g cs. Is bond probation like regular probation?

    Lisa’s Answer

    As Lex noted, the felony judges vary in bond conditions. But with a high charge like you face, it is likely you will have to report to the bond office weekly and do random drug testing. To answer your second question, a lawyer can seek to have conditions modified. Bond conditions will be in place until your case is resolved with a plea, favorable outcome on a motion to suppress, or trial. Bond conditions are not as extensive as probation terms and conditions, at least in Tarrant County.

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  • Is burning a 14 yr old child with clothes iron by his father who was using that as a punishment going to be a felony charge.

    I have asked before but I was wondering if this is a felony charge since he was using this torture as punishment and what the range of punishment is on this type of felony

    Lisa’s Answer

    Any injury to a child under 15 charge is a felony charge. It can be a third degree felony with a range of punishment of 2 to 10 years in prison. It can also be a first degree felony with a range of punishment of 5 to 99 years or life in prison. The District Attorney's Office will decide the degree when they receive the case from the police, then the Grand Jury will determine whether to indict on the 3rd or 1st degree level.
    If he has never been previously convicted of a felony, he is eligible for a probation.

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  • I got minor in the possession of alcohol, will they drug test me in court?

    Not going to lie, im pretty scared for this upcoming court date on nov, 5 and i don't think im clean of marijuana, what will the consequence be if they do test me and test positive?

    Lisa’s Answer

    • Selected as best answer

    MIP is a Class C misdemeanor ticket so it is handled in the city of Arlington municipal court. Drug testing is regularly ordered in the Tarrant County criminal courts (Class A and B Misdemeanors) but no, not in this muni court.
    If you are going to court for the first time (you have not plead yet) you have some option besides pleading guilty and paying a fine, so it would be wise to talk to a criminal attorney who handles tickets in the Arlington muni court.

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  • If my 16 yr old brother stood as a look out for a burglery of the premises can he still be charged for it .?

    He was picked up at school today by a ranger , from what I gather is one of his buddy's broke into a church smh , stole a laptop and tv ... They busted that kid , he said my bro was the look out .. They found the laptop case in my bros room when t...

    Lisa’s Answer

    Under the law of parties in Texas, anyone who assists others can be charged with the same level of crime as the person who physically commits the crime. For example, whether the defendant was the robber in a bank or the getaway driver in a bank robbery, each would be charged with a first degree aggravated robbery (5 - 99 years in prison as the range of punishment). From what you have described here, your brother is facing a felony charge. Additionally, he was found with evidence of the crime in his possession. He needs a criminal defense lawyer who handles felony crimes and knows knows the Bee County juvenile court system well.

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  • My twins will be 12 in Decmthere father who has custduial custdy has been harassing them about getting sexually abused by a live

    In boyfriend of there half sister. There dad still allows him to come around and there scared to death to be there. cps said there wasn't enough evidence but the DA disagreed and took on the case. how do I go about getting custduial custdy of them...

    Lisa’s Answer

    You need to consult with a family law attorney to discuss modifying the child custody order immediately. This is not an issue for a criminal law attorney.

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