Michael Shawn Matlock's Answers

Police questioning of juvenile

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...

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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

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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Police questioning of juvenile

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

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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Chances for getting marijuana possession dropped for a juvenile

Many people do not realize they can be charged with DWI/ DUI even though they have not had anything to drink. The statute, Texas Penal Code Section 49.04, requires only that the government prove the driver was intoxicated by "not having the the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body." Without having you perform...

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

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.

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

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.

Sntence reduction

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.

Statatory rape

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

Warrant and police station guidelines

Yes, arrest information, including your personal contact information, as well as the charge for which you were arrested are public information. The information can be accessed at either the County or District Clerk's office, or in some counties, online. You can be held accountable for your charges without having first seen a judge, although you would typically be arraigned by a local magistrate before being released. There is no requirement that you see the District Attorney prior to your...