Skip to main content
Henry Curtis Paine

Henry Paine’s Answers

32 total

  • Court date is near and not satisfied with my lawyers efforts can i get date posponed

    can this be done

    Henry’s Answer

    You can always hire another lawyer. There is no guarantee that the date will be changed.

    See question 
  • In a DWI arrest does Driving License returned means there is no need to go for ALR hearing?

    I got arrested for DWI. Police took my license, performed an in room breath test. Next day I was released on bond and the license was given back to me as-is. I don't know the test results. Does this mean my license will not be affected or sho...

    Henry’s Answer

    It all depends on the test results. If you blew over .08 then you will have an ALR.

    See question 
  • What are my options??

    probation for dui. Probation officer trying to change court order but threatening to issue warrant if i don't sign for SHAM bracelet. This is her second attempt. First attempt my lawyer spoke with DA and judge. both said I paid all my fines and fe...

    Henry’s Answer

    I would hire a criminal lawyer to get you through this situation.

    See question 
  • What is the point of notifying agencies in sealing a juvenile conviction in Texas?

    I am sealing a juvenile record in Texas. It is a Class A misdemanor. It is in a juvenile (actual juvenile court) jurisdiction not J.P. Part of the TX family code states that I must notify the agencies and give them "reasonable notice of the h...

    Henry’s Answer

    In the event the agencies aren't notified, the records they have will not be sealed.

    See question 
  • Son called pd over parents argument to calm the situation and leave. Instead father arrested for AFV, and MTAG was filed.

    My husband & I argued loud enough to wake our son. My husband wanted to leave so it wouldn't get worse but I didn't want him to leave since nothing was settled. I grabbed him several times to keep him from leaving so he finally pinned me against t...

    Henry’s Answer

    Your husband needs an experienced criminal lawyer to get him through this situation. If he is not current on all technical aspects of his probation, he needs to get current.
    The ASFV case must be favorably resolved, ie. dismiissed or an aquittal or there will be problems on any MTAG that goes forward.

    See question 
  • Can I request deferred disposition for a first time offense (Class C misdemeanor)?

    I was given a citation for theft (under 50$) which to my understanding will turn into a class c misdemeanor. I am guilty but this is my first and only offense so can I request a deferred disposition and if so are my possibilities of receiving a de...

    Henry’s Answer

    • Selected as best answer

    You are certainly eligible for a deferred on a class C theft. If the case is in Denton Municipal Ct., Ms. Berry will more than likely work with you.
    In the unlikely event she won't agree to deferred, you should absolutely have a lawyer help you. A theft conviction will hurt more than most other type of offenses in the long run.
    It is important to get deferred so the option of an expunction remains open.

    See question 
  • How do I get a deferred disposition on a class C misdemeanor for theft in Bryan, Texas?

    I did something really stupid over this last weekend and got myself into some trouble. I had a lapse of judgement and shoplifted $30 so it's still petty theft. I've never done anything like this before (and I'm intending on keeping it that way) a...

    Henry’s Answer

    You need to request deferred from the municipal prosecutor. If the prosecutor will not offer deferred, you absolutely need to hire a lawyer. A theft conviction is a crime of moral turpitude that will follow you forever.
    You need to weigh what is in your best interest in the long run.

    See question 
  • My friend got raped and she has a boyfriend and they are going after him he's 17 and she's 15 I know the age different

    But he's not the one who raped her and her mom and also my friend could go to jail the other side attorney is trying to have the case drop and I don't want the three to go to jail should the my friend and them give up or fight it but I really don'...

    Henry’s Answer

    The decision to go forward with criminal charges is entirely up to the State.

    The most important thing for you to do is to be honest if you are questioned by law enforcement. You do not, of course, have to discuss anything with them.

    Your friend needs to also be honest with law enforcement. Her boyfriend needs to have an experienced criminal lawyer consult with him immediately.

    See question 
  • How long would someone go to jail for a $70 hot check in tx

    In Giddings tx

    Henry’s Answer

    You can go for up to 180 days. I would make sure that you did what it takes to get this case either dismissed or be placed on a diversion program or deferred probation.

    If you have no criminal record, your attorney should be able to help you a lot.

    If this was in Fayette County, I'm sure that Peggy Supak has some type of program in her office.

    See question 
  • For an appeals attorney - Can I file an appeal on a DWI case if the judge forgot to do a motion to suppress a video?

    I had a DWI case that went to trial and lost, but I feel this happened because the judge forgot to do the hearing on our motion to suppress. I think if the judge hadn't forgotten to do the hearing, this would have changed the outcome of my case an...

    Henry’s Answer

    The burden to preserve error was on your trial attorney.

    You only have 30 days to file an appeal. You also may file a motion for new trial in the 30 day period which extends the time to file the appeal.

    See question