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Wayne Allen Fowler
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Wayne Fowler’s Answers

248 total


  • What are some outcome of a dwi with an open container pre-trial? Is there anyway to avoid jail time

    Trying to keep my 2 jobs

    Wayne’s Answer

    Your best chance to avoid the worst consequences in this particular circumstance is pre-trial. Get yourself an attorney as soon as possible, so you can gather evidence and lock in testimony at an ALR hearing, if 15 days has not elapsed.

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  • Is there a possible chance of passing alcohol urine test sent off to lab.. Last drink was 38 hrs ago only a glass of wine..

    Never had any major issues with probation..if I fail what will happen to me

    Wayne’s Answer

    That would, of course depend upon what you mean by "passing " the test. I suspect that what you are relating to is an ETG test. Ethyl Glucuronide (EtG) is a direct metabolite of beverage alcohol (ethanol). Its presence in urine may be used to detect recent alcohol consumption, even after ethanol is no longer measurable--up to 3-4 days after consuming the alcohol. If your last drink was only 38 hours ago, then likely ETG will show up. You can have probation revoked with one failed UA. You may want to get an attorney now.

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  • I was arrested for agg. sexual assault of a child. Is there a time limit on when my case must be presented to the grand jury?

    A search warrant was served at my home in June 2013 (nothing found) I was arrested in August 2014. The allegations against me were made to CPS in June 2013.

    Wayne’s Answer

    Since there is no statute of limitations for prosecuting someone with aggravated sexual assault of a child, the answer is no. Get a criminal defense attorney now.

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  • Got 2 pending charges for 3dwi-felony assualt on a public servent-felony cop did not get hit - same case will one drop?

    got my 3 dwi in texas when the cop told me to put my hands behind my back. i didnt turn around . i stayed tryna to beg talk my ass out .. he den grabed my hand and i slipped it away he then grabbed my arm and i kinda put my open hand as a stiff ar...

    Wayne’s Answer

    Here's the bad news; you don't have to make any contact with the police office for it to be assault. Likely the officer will say that when you put up your "stiff arm guard," that was the assault because he was in apprehension of a battery. In simple terms, a "swing and a miss" is still an assault, like it or not. More bad news; this is too much detail to post on this forum. Get an attorney now, if you haven't already. They will be your best chance of any reduced or dropped charges.

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  • Does anyone have any OTHER suggestions as to what steps I should take?

    A few days ago, a roommate moved out. Leaving some things behind, she said that I could do whatever I wanted with the things she was leaving behind. Instead of throwing out, I decided to keep a printer and a tv she left behind. Days after that, sh...

    Wayne’s Answer

    This is a public forum that is just as accessible to law enforcement as it is to you. When you post a question try to be as general as you can. You can be detailed with your attorney that you can find on AVVO.

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  • Class A DWI and AOS application.

    A year ago, I was arrested for DWI, first offense with a BAC greater or equal to 0.15. I recently got married to an American citizen, I'm legally in the USA, and my spouse and I already had our marriage based green card interview. And it was appro...

    Wayne’s Answer

    Crimes Involving Moral Turpitude are crimes that can make applicants inadmissible from getting a green card. A conviction for a DWI that is not considered one of these types of crimes and would still likely enable you to get a green card. However, if you have been convicted of a higher degree DWI, which could have an intent requirement, (i.e. aggravated DWIs are considered Crimes Involving Moral Turpitude) this would hurt your green card application.

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  • Odds that a Harris County (Texas) judge issue a writ of habeas corpus on a 32 yr old conviction w/o deferred adjudication.

    This is a misdemeanor theft case, value of $5 to $22 in 1982, no deferred adjudication, lawyer did not do his job to request deferred adjudication with expungement for the defendant. It was a straight guilty plea dictated by the lawyer to the cli...

    Wayne’s Answer

    The odds are definitely not in your favor, but should you chose to move forward and are willing to invest the time and money involved, there are a number of highly qualified appellate attorneys on this site that you can chose from to help you.

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  • My boyfriend was charged with burglary of habitation- force . They have told him they have no evidence but he is being indicted

    When he was arrested for this he was bonded out on a 20,000$ bond he failed to pay the bond and now he is back in jail for this what can happen to him since he is being indicted please lmk

    Wayne’s Answer

    As criminal defense attorneys we have a saying that "you can indict a ham sandwich." To indict you need only probable cause. That is a long way from guilt beyond a reasonable doubt. But that also means that there is something that tends to implicate him in the crime. He needs a criminal defense attorney immediately. They can determine how to best defend him.

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  • Once you've been arrested for state charges and have not been sentenced can they add more charges to the original ones?

    My friend has been arrested for a state charge, then posted bail. He then got picked up for a related federal charge & was sentenced to 15 years, we are now waiting for the state to pick up where they left off.

    Wayne’s Answer

    Yes. If law enforcement uncovers evidence of additional crimes or enhancements to previously charged crimes, the indictment can be modified to include those.

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  • Ex-wife living with police officer

    my ex-wife lives with a police officer, every time i try to pick up my child - she denies visitation. i call the police to make the report but my ex-wife's boyfriend who is a police officer comes out and starts talking to the police and then they...

    Wayne’s Answer

    While you are contacting the police with the expectation that they should do something, there really is nothing that can be done absent something from the court. Getting a family law attorney that can file a Motion for Enforcement should give you what you are looking for.

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