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Nathaniel Lewis Miller

Nathaniel Miller’s Answers

51 total


  • Can my husband be reinstated to parole if i prove his innocence and be let out of jail sooner

    my husband was arrested on a bogus mistermenor charge and his porole was violated because of it i went to the da to talk to someone there and was asked to return today to talk to someone else about the incident, i can prove his innocience

    Nathaniel’s Answer

    Parole will get the full police report and likely ask questions of your husband about the incident - even if the prosecutors dismiss or decline to prosecute the case. Often times there were other things going on (drinking, etc) that will also violate parole. He should retain counsel as soon as possible. If he has a parole hold (sometimes referred to as a blue warrant) try to retain someone as soon as possible before parole goes to speak with him in jail without his attorney present.

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  • If a cell phone is sitting right next to the Datamaster CDM breath tester, Can a motion be filed that invalidates a breath test?

    I read that a cell phone can cause "radio interference" the results were .083 and .081 external batch .079. My cell is just sitting next the machine throughout the whole station video..

    Nathaniel’s Answer

    The type of motion you're likely referring to would be called a "motion to suppress" in Texas. With nearly any motion, it's on the movant (the party or side filing the motion) to prove the basis of the motion and argue for the relief sought.

    The judge makes rulings on each motion but he would probably need to hear testimony or see evidence that the cell phone disturbance did cause interference before granting the motion and suppressing the breath test results. Whether this type of hearing would be pretrial or during trial depends on the criminal procedure and practice of California courts. Seeks advice from local counsel to further discuss your issue as soon as possible.

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  • I am wondering what to do if I can't afford my SCRAM bracelet? Can I use my jail credit to reduce some of the cost?

    I am wearing it now as a condition of my bond, but I don't know for how long. I have a full time job and have secured part time work, but still will not be able to make payment for this device along with all the other items required to comply wit...

    Nathaniel’s Answer

    Not knowing Travis Counties policies, it seems very unlikely that you will be given credit for two days served towards payment of bond condition expenses. Even if you were, that would like add up to little more than $200 which probably doesn't even cover one month of SCRAM. You should beg and borrow the finds necessary to retain an experience felony DWI lawyer in Travis County as soon as possible to further the discuss the details of your situation and to look into alternatives to the SCRAM if you cannot afford it.

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  • Is a reduced charge possible for a 3rd DWI?

    I've had 2 DUI's (same as DWI) in 2006 and 2007 in another state, and just got a DWI in TX. Work full-time, go to school full-time, and have already entered myself into outpatient counseling and AA. Is it possible to have the felony reduced to a m...

    Nathaniel’s Answer

    Hire a Texas lawyer experienced with Felony DWI work in the county your case will be prosecuted. Do so as soon as possible and follow his or her advice. To answer your question - it is possible. There are many, many things you need to be doing right now to be healthy, better yourself, and better your case. A good lawyer will arm you with the tools and direct you to services to best achieve those goals.

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  • I was charged with theft at the age of 17 and was charged as an adult. What would I respond on my job applications?

    In my applications it states "Have you ever been arrested, convicted of, or plead guilty or no contest to, or received probation, suspension, or deferred adjudication to a misdemeanor or felony?" Would I respond yes or no?

    Nathaniel’s Answer

    Without knowing how the case was disposed/resolved, the answer to the application questions should be "yes". If your case was dismissed or if you were acquitted at trial, you may be eligible for an expunction of your arrest records. If you successfully completed a deferred adjudication you may be eligble for a non-disclosure. This is a technical analysis and you should consult a local attorney - especially if your case is still pending. You want to see your case resolved in a way that allows you to expunge or seal the records or your arrest.

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  • The courts want me to go to rehab for alcohol when my case is about possession with intent to deliver? Can i not go?

    I am doing a open plea of guilty in Dallas, County for 5 Felony cases, It is my first time being in this kind of trouble. My charges are 2 (Poss. With Intent to Deliver) 2 (Unlawfully Obtaining of CS) 1 (Possesion of a CS).. They want me to go to ...

    Nathaniel’s Answer

    Your question is confusing in that you say that "they want you to go" yet you will be pleaing guilty open to the Judge. Normally, "they" would be the prosecutors which means that your attending Wilmer would be a condition of your plea bargain agreement. If you do have a plea bargain agreement then your attorney should be the one to discuss your need or lack of need to attend the alcohol program. If there is no plea bargain agreement and you go open to the Judge for punishment, you are bound by his decision and can only appeal it under certain circumstances. Being sent to a facility that you don't want to go to is generally not an appealable issue.

    Good luck to you.

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  • My husband called the police after I assaulted him but didnt press charges, will this come up when i do a background check?

    I wasn't arrested, but in TX they have a zero tolerance for family violence. I am 1 year away from my degree in Criminal Justice and want to know if there is anything I can do. A police report was made but I wasn't taken into custody because he di...

    Nathaniel’s Answer

    I agree with the attorney above. However, if you have not been arrested, there will be no records of the offense on a typical background check. Obvisouly, if someone knew of the incident and had enough identifers to properly request the specific report from the police agency, they might be able to do that. But general background checks search for arrest records and conviction records.

    Remember, just because you weren't arrested on scene, doesn't mean you won't be arrested later on if the police decide to seek a warrant based on the incident. I suggest you speak with a local criminal defense attorney soon.

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  • Should i still be worried about the fake ID?

    so on 6/17/12 i got arrested for drug paraphernalia, dui, and a fake id. i already went to court for the drug paraphernalia so that ticket is out of the way. but i was never charged with a dui or my fake id. the evidence for the paraphernalia was...

    Nathaniel’s Answer

    If what you were arrested for was Driving While Intoxicated (DWI) and not DUI-Minor (which is a Class C ticket only given to minors under 21) then yes, you need to be checking to see if a case ever arises. If they drew your blook to test for alocohol or drugs, results on those test could take 3-6 months for the lab to return to the police agency. The police could be waiting on those results to determine whether they will filed a DWI case with the prosecutor's office for prosecution.

    Speak with an experienced local attorney who can better guide you and begin preparing a defense if necessary.

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  • Probation for a dui. i got a "false positive" on my breathalyzer. 10 min. later it was fine. am i going to jail?

    texas

    Nathaniel’s Answer

    Follow Attorney Henley's advice. You may need to take your device in to be recalibrated. You can expect for your probation officer to discuss it with you at your next probation meeting because the interlock company will send reports form your device to him or her directly. Make sure that you are successfully completing EVERY other requirement of your probation (communitgy service hours, fees, classes, etc) so that you better your chances of your probation officer not requesting that a revocation be filed.

    Good luck and please remember Attorney Henley's advice should your device ever fail again.

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