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Michael Shawn Matlock

Michael Matlock’s Answers

12 total


  • Have DUI, carry a gun in my vehicle. Is this legal?

    On probation with the sniff to start add-on; no one has told me that I cannot continue to carry a weapon (concealed) in my vehicle for my personal protection. What does the law say?

    Michael’s Answer

    Texas Government Code Section 411.172 spells out the eligibility requirements for a Concealed Handgun License in Texas. At the time of applying for the license, you cannot be charged with either a Class B, Class A, or felony. In Texas, a first time DWI is a Class B misdemeanor. Therefore, you would not be eligible for such a license.

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  • What are the porcedures and consequnces for a juvenile first time shoplifter for somethng worth less than $50?

    well my daughter was caught shoplifting at a store in a mall for something that was worth like 6 bucks shes never done this or has ever gotten any citations/tickets for any matter ever she is 16 yrs old. i need to know what will happen in court an...

    Michael’s Answer

    In Texas, Theft under $50 is a Class C misdemeanor. A citation is issued. It is handled in municipal court, and the maximum punishment is a fine up to $500. Depending on the municipality, it is quite likely your daughter would be offered a short term of deferred adjudication, which is a type of probation without a conviction. Provided she did not get into trouble again and violate the probation, the case would be dismissed at the conclusion of the probationary term.

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  • Police questioning of juvenile

    If a juvenile in Texas asks to speak to his father while being interrogated so the father can hire an attorney, should the police questioning stop? What happens if it doesn't?

    Michael’s Answer

    In a recent case, the Texas Supreme Court held that under certain circumstances, a juvenile's request to speak to a parent about hiring an attorney during custodial interrogation, can result in a de facto request for counsel pursuant to the 6th Amendment. See, In re H.V. 252 S.W.3d 319.

    If the questioning doesn't stop, it violates the juvenile's rights under the constitution and a long line of case. In such a case, any statement made by the juvenile would be suppressible, however, any physical evidence obtained as a result of the statement, called derivative evidence, would likely be admissible under U.S. v. Patane, a 2004 Supreme Court case.

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  • Police questioning of juvenile

    If a juvenile in Texas asks to speak to his father while being interrogated so the father can hire an attorney, should the police questioning stop? What happens if it doesn't?

    Michael’s Answer

    In a recent case, the Texas Supreme Court held that under certain circumstances, a juvenile's request to speak to a parent about hiring an attorney during custodial interrogation, can result in a de facto request for counsel pursuant to the 6th Amendment. See, In re H.V. 252 S.W.3d 319.

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  • Sntence reduction

    i have 2 sons that is in a federal prison is there a form i can complete requesting a sentence reduction or would i have to retain an attorney for that?

    Michael’s Answer

    There will almost always be a form prepared by someone looking to make a quick buck that you could potentially complete and file in just about any given case. However, when you hire an attorney, you are buying his expertise and experience and knowledge about whether the form itself is proper to be filed, as well as advocating on your behalf.

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  • Statatory rape

    How long is can a man be held responsible for stagatory rape?

    Michael’s Answer

    The statute of limitations for sexual assault is ten years after the minor reaches 18.

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  • What is considered accessory to a crime

    What is considered accessory to a crime

    Michael’s Answer

    Depending upon your jurisdiction, the actual wording of the definition will likely vary. However, as a general rule, an accessory to a crime is one to either performs a particular act or allows an act to be committed, which furthers the underlying crime.

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  • Can a spouse file theft charges against the other spouse for using the credit card without permission

    Can a spouse file charges againts the other spouse for using his credit card with out permission. And if so what is the punishment for that. Is it considered, Theft, Forgorie and Fraud even if they are married?

    Michael’s Answer

    The simple answer to your question is yes, any one that feels they are the victim of a crime can file charges against the alleged perpetrator, even if they are married. If this case was in Texas. the charge would likely be Credit Card Abuse.

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  • Requesting a motion for a sentence modification for a capital offense.

    An offender was a party to a capital murder, but instead of being convicted as an accessory or such, was convicted under the same penal code section as the actual shooter. The offender has been incarcerated for 15 years already. Is there a way to ...

    Michael’s Answer

    There are a few legal arguments for a sentence modification, but it typically depends upon the case itself. With fifteen years having gone by, the only option to attack a sentence at this point would be with a writ of habeas corpus. You would want an attorney that routinely handles these types of cases to look at the specifics because there are very precise limitations on these types of collateral attacks, and if done improperly, can result in a negative outcome.

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  • Can you get a drivers license in TX if your license has been suspended in SD for 3rd offense DUI and behind in child support

    can you get a drivers license in the state of texas if your license has been suspended in south dakota for 3rd offense DUI and your behind in child support also

    Michael’s Answer

    The general answer is that if another state lawfully suspends your license, and you move to Texas, Texas will refuse to grant you a Texas driver's license due to the other state's suspension. In other words, if you can't get a license in South Dakota, Texas will follow that suspension so that you would likely not be able to get a Texas license until the South Dakota suspension was lifted.

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