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Brian Matthew Bouffard

Brian Bouffard’s Answers

3 total

  • Can the police follow you leaving a bar and fabricate an excuse to pull you over?

    My boyfriend caught a ride home from the KJ who had nothing to drink that night at closing time from the bar. The police were in the alley watching the bars and pulled out behind them, followed them almost to our house and then pulled her over. Hi...

    Brian’s Answer

    Unfortunately, the short answer is yes. Police can be in any public place anyone else can be, such as the parking lots of bars at 2:00 a.m. If they see something they think is suspicious, they can follow you on a public road. Most people commit a technical traffic violation routinely while driving. Examples are "fail to signal a lane change" or "fail to signal a turn at least 100 feet from intersection" or having a license plate frame that obscures a sliver of text on the plate that says "Oregon." Your example of not stopping behind the white line at a stop sign will result in a credibility contest between you and the police.

    Talk to an experienced criminal defense lawyer, because many traffic stops can be successfully defended even though the police take special care to write their report in such a way that seems airtight. Don't despair, just get all the information and good advice you can before making a decision. Good luck!

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  • Can a judge tell you who u can and cannot talk too?

    legally can they do that? my boy friend has been to medium and then charges were dropped. Because the charges were dropped i dont think they can tell me that i cannot date him. but idk soo can they?

    Brian’s Answer

    If your boyfriend was the defendant, then he may have been placed on bond conditions or other orders to stay away from you. While the case is pending, those orders are perfectly legal and he can get in serious trouble for violating. If you're clear that the charges are dropped, and your boyfriend doesn't have any other pending criminal issues, then you're probably okay (assuming you're both adults). Your answer isn't clear about whether there is any other kind of issue like CPS involvement. If there is, then that could affect you both negatively.

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  • MY FRIEND IS CHARGED WITH POSS CONT SUBST U/1G-PG1. THE DRUG WAS FOUND IN THE CAR SHE WAS RIDING IN. THE DRUG WAS NOT HERS.

    MY FRIEND HAS A LONG PAST CRIMINAL HISTORY. SHE HAS BEEN CLEANING HER LIFE UP AND HAS PLANS TO MARRY SOON. THIS CHARGE COULD LOCK HER UP FOR AWHILE. THE DRIVER OF THE VEHICLE ADMITTED SHE OWNED IT. MY FRIEND DID NOT KNOW THAT THE DRUG WAS IN THE C...

    Brian’s Answer

    Your friend needs an attorney. Typically in Tarrant County, the DA is reasonably willing to listen to a fact scenario like you're describing, particularly if the driver of the car is truly willing to admit the contraband belonged to her. But your friend needs someone to go speak with the prosecutors on her behalf. At the end of the day, the State has to prove, beyond a reasonable doubt, that your friend possessed the substance. My job as an attorney is to do everything legally possible to keep the State from doing that.

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