Daniel Keith Peugh’s Answers

Daniel Keith Peugh

Denton Criminal Defense Attorney.

Contributor Level 7
  1. What determines whether a DUI will be classified as a misdemeanor or felony?

    Answered over 2 years ago.

    1. Gene Raymond Beaty
    2. Daniel Keith Peugh
    2 lawyer answers

    A DWI with 2 or more prior convictions for DWI is a third degree felony. A single DWI with a child under the age of 15 in the car is a state jail felony. Intoxication Assault (a DWI wherein there was an accident and someone suffered injury) and Intoxication Manslaughter (a DWI wherein there was an accident and someone was killed) are both felonies. DWI first offenses or DWI's with only 1 prior DWI conviction are both misdemeanors. Non-DWI priors will not make a first DWI a second or a...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What are the possible punishments if I was charged as a Juvenile with theft. It was a Class A Misdemeanor.

    Answered over 2 years ago.

    1. Scott Douglas Marquardt
    2. Daniel Keith Peugh
    3. Kevin Rindler Madison
    3 lawyer answers

    In Texas we have a Progressive Sanction Model for Juvenile cases. The Sanction Model is located in Chapter 59 of the Texas Family Code. A first offense Class A Theft would equate to a Sanction Model Level 2 offense. Sanction Level 2 calls for diversion or first offender programs. These programs often consist of a meeting with a juvenile probation officer, a Theft Intervention Class, and, possibly, some community service. The programs vary but they often operate without the juvenile and...

    2 lawyers agreed with this answer

  3. Does my 16 yo daughter need an attorney?

    Answered over 2 years ago.

    1. Daniel Keith Peugh
    2. Peter Andrew Schulte
    3. Eric B. Dick
    3 lawyer answers

    She is charged by law enforcement with a Class B Misdemeanor. However, the law allows for juvenile diversion programs. It seems to me a first offense shoplifting cries out for diversion. Harris County Juvenile Probation can contact you to come in with your daughter and meet with them. They can offer your daughter a diversion program that might require he to take a Theft Intervention Class and possibly perform some community service. If this should occur the case will not be filed in...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Do I need a state lawyer?

    Answered over 2 years ago.

    1. Paul F. Tu
    2. Daniel Keith Peugh
    3. Harry Edward Hudson Jr
    3 lawyer answers

    TYC, now TJJP, can only hold juveniles until their 19th birthdays. However, any stay in TJJP is a serious consequence and you should absolutely provide your son with a lawyer. The Texas Family Code requires that parents provide lawyers for their juvenile children in these situations. If your son was in custody and he was being questioned about possible criminal activity without the required legal safeguards being followed, that would be illegal. Any evidence obtained from such a questioning...

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  5. Do I have to pay child support, while I have district court conditions of release orders for juvenile son to be in my custody?

    Answered almost 3 years ago.

    1. M Elizabeth Foley
    2. Daniel Keith Peugh
    3. Thomas James Daley
    3 lawyer answers

    The Juvenile Court Order does supersede the District Court divorce decree but, only as to custody. Where the Juvenile Court Order is silent the divorce decree is still controlling. That includes paying child support even though, under current circumstances, that does not make much sense. To be sure you are not in violation of your divorce decree, the safest course of action is to petition for a change in those orders to reflect the new circumstances. If the Prosecutor's Office files formal...

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  6. Can i move out at 17 without being emancipated and not get into trouble?

    Answered over 2 years ago.

    1. Daniel Keith Peugh
    2. Harry Edward Hudson Jr
    2 lawyer answers

    Until you are 18 years of age or you are legally emancipated you are your parents responsibility by law. In Denton County we do not treat 17 year olds as runaways. Here, a runaway report to the police would be changed to a missing persons report because of your age. Your name and other statistics would be entered into the state and national data bases. When you come into contact with a police officer anywhere that enters your name into his or her in car computer you will come up on the...

  7. Need to know legal rights

    Answered over 2 years ago.

    1. Daniel Keith Peugh
    1 lawyer answer

    Whatever actions your brother-in-law is alleged to have taken that amounted to sexual harassment could also constitute a crime. If he is ultimately charged with a crime he has a right to remain silent about the allegations, he has a right to an attorney to represent him regarding the charges, and he has a right to be proven to have violated the law beyond a reasonable doubt. There are, of course, a number of other rights involved in defending juvenile charges. Those are the big ones. If...

  8. What would be the best way to give a counter offer to a plea, when its Bmisd, and Youve waived rights.

    Answered over 2 years ago.

    1. Matthew Ryan Montes
    2. Daniel Keith Peugh
    2 lawyer answers

    The best way to make a counter offer to a prosecutor is face to face. You will also need to have some reason why the prosecutor should lower his or her offer. If you can document those reasons with tangible records, photos, or statements so much the better. Be prepared for the prosecutor to refuse to negotiate with you. You are not represented by counsel and you are not an attorney. Prosecutors are attorneys. Some prosecutors' offices will not negotiate with unrepresented citizens because...

  9. CAN I ASK FOR A COPY OF A POLICE REPORT, AND A COPY OF A STATEMENT MADE AGAINST MY MINOR CHILD BEFORE THE COURT DATE?

    Answered almost 3 years ago.

    1. Daniel Keith Peugh
    2. Cynthia Russell Henley
    3. Richard Timothy Jones
    4. Alan James Brinkmeier
    4 lawyer answers

    Yes. Get your child an attorney. The police report, witness statements, and video are collectively known as discovery. You can ask that the judge order the prosecutor to turn those things over to you or at least let you see them. In my experience, judges are likely to grant that request. However, you seem to be seriously contemplating fighting this ticket. You will be at a severe disadvantage against an experienced prosecutor. A defense attorney can more easily get discovery than a party...

  10. What kind of lawyer do I need to retain for a class c ticket that my 15 year old received for disorderly conduct?

    Answered almost 3 years ago.

    1. Nicholas Ryan Poehl
    2. Daniel Keith Peugh
    3. Cynthia Russell Henley
    4. Jeffrey Charles Kennedy
    4 lawyer answers

    You definitely want a criminal defense attorney as your son is charged with a Penal Code offense. Your best bet would be an attorney that handles both adult criminal and juvenile matters as your son is still a minor. Even ticket courts handle juvenile matters differently than adult matters. For example, your son might be eligible to take care of his ticket via Teen Court. Teen Court is an excellent program that minors get to participate in as the prosecutors, defense attorneys, and jurors...