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Wayne Allen Fowler
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Wayne Fowler’s Answers

248 total


  • Can a judge lie about the time served at YMAC?

    My husband was charged with a 1st degree felony. The lawyer gave him some options so he decided to do the 2 months at county and then get transferred to YMAC. But the judge told him that if he was good for the first 3 months they would let him ...

    Wayne’s Answer

    Judges may not say everything perfectly every time, but generally out-and-out lying is not something they do. Your plea agreement should cover everything and your attorney should have covered this with you in detail. Ask your attorney and they should be happy to clarify everything with you.

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  • Motion to Adjudicate Guilt - Never showed up for Probation

    My Friends boy friend had been given DEFERRED ADJUDICATION - 2yrs probation for possession of a controlled substance <1gram(DMT) and was ordered to report to community supervision office by dec 17, 2011. For whatever reason at the time, we have n...

    Wayne’s Answer

    Your friend's boyfriend needs to hire an attorney now, otherwise he needs to turn himself in. Likely, if he is arrested first, he will go to jail and serve the rest of his sentence. At least with an attorney, he can try to make sure it is not as bad as it could be. Every day you would be able to stay out of jail should be worth what little effort it would take him.

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  • Can a person who's pleaded guilty in a federal case recant his decision on the day of sentencing?

    My friend wants to change his plea and he has sentencing in 2 days. He wants new legal representation. He feels his attorney has not represented him fairly. Can he ask for a continuance? Also can you explain to me if you have federal charges and s...

    Wayne’s Answer

    Chances are slim that the court will allow you to do this, unless you were forced to accept the plea deal you agreed to in some way. I also doubt that the court at sentencing will find that you have been treated unfairly, considering you have had ample opportunity to say something about it long before now. Can you ask? Sure. You can ask. But unless your reason falls into the one stated above, I would not want to chance making it worse on myself by doing so--and you can do that, if the court says okay, and the government says fine, the deal is off. We are going for the full amount possible on your charge(s).

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  • I have a capias warrant. Ag filed against me and I was told by ag and district clerk if I bring in money and take the paper?

    If I take the paper to a ag office they will lift the warrant. I missed my court date months ago. I finally able to have some cash called to see what's going on and I had a warrant. I don't want to go tk jail and I don't want to pay a lawyer. ...

    Wayne’s Answer

    With all due respect, you have reached a point where you don't get to have everything go your way. You have decided not to follow the courts order for payment, you have decided not to appear in court when ordered, and now that you have have a warrant for your arrest, you have decided that you do not want to pay for an attorney to help you get out from under the mess you are in?

    I can tell you that you are not making things any easier on yourself. You are not able to dictate to the court what you will or will not do. This is precisely why you need an attorney. We are here to help those that are in positions such are the one you are in now. Listen to good (and free) advice, and get an attorney, and lessen the chance of spending your time regretting it behind bars.

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  • If the judge terminat a murder case at trial can it be reopen?

    my friend had pretrial conference the other day his laywer said the all the witnesses said they refused to be a witness & that they lied about seeing my friend shooting the deceased guy. now the only witness is a guy that lied to the Cops multiple...

    Wayne’s Answer

    The simple answer is, "it depends." If, after the jury is empaneled, the judge declares a mistrial for some reason, it may be possible for the State to retry the case, in some instances. But, if after the State's case, there is no way to prove the ID requirement, the judge can find against the State without the defense needing to do anything (called a directed verdict). If this situation occurs, the defendant would not be able to be retried for the same crime again.

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  • My DWI charge is being reduced to obstruction of a roadway, will my license still be suspended?

    after over a year after my wreck (one vehicle, no property damage to anything other then my own) they are charging me with DWI. At the seen or at the hospital i was never asked to blow, they did take blood at the hospital (.14) but i was never arr...

    Wayne’s Answer

    Suspension of your license is not a foregone conclusion, since you did not appear to refuse breath or blood test, nor did you indicate that as a plea condition. But because you are unclear of the terms (e.g. community service is generally an aspect of probation), it would be wise to contact an attorney first before agreeing to any plea with the DA. The money spent could well make the difference between what the State is hoping you will accept and a much better deal.

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  • If a sexual assault case of a minor is there a statue of limitations for prosecution?

    The sexual assault case involving a minor child is 8 years old.. almost 9 years old. This case is repetitively continued. Possibly due to the lack of evidence. As it is individuals word against the minor child's outcry. What is the statue of li...

    Wayne’s Answer

    Unfortunately, if it is sexual assault of a child--in this case aggravated sexual assault of a child, since the child is under 14 years of age--there is no statute of limitations and would be charged as a first degree felony. A criminal defense attorney is a necessity in any case. Contact one immediately.

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  • I'm being accused for using an assistance place checking info to pay another bill. However I was never given their bank info

    I have never been in trouble and I didn't do it. I have my bank statements showing where I paid for my phone bill. I don't know what to do. I am a stay at home mom 4 months pregnant I need some type of guidance.

    Wayne’s Answer

    Being accused of any wrongdoing can be very stressful. Who made this accusation is important as well because that can give us an idea of the next move you need to make. If it is not the police, you may have some more time to work with. Many attorneys on this site offer free consultations. I suggest that you contact one and discuss what your options are.

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  • Can I get a charge expunged? How many am I allowed?

    Can I get a possession of controlled substance charge expunged? Or how about a trespassing charge? Can both be expunged?

    Wayne’s Answer

    While you may not be able to have your record expunged based on an entry of a guilty plea, you may be able to get the records "sealed" with an order of non-disclosure. It has a very similar effect to having the records expunged in that the records would only be available to law enforcement and not to the general public. An attorney experienced with expunctions and non-disclosures should be able to help you.

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  • How can someone verify an extradition request from another state?

    Boyfriend was picked up for a teletype from TN to extradite on misdemeanor theft charge. Prior arrest from neighboring city released him after calking TN and having TN contact county office in TX.

    Wayne’s Answer

    If the warrant was out of a county in Texas, contact the sheriff in that Texas county. I agree with my colleague that they don't generally extradite from a different state for a misdemeanor, but regardless, you should hire an attorney now, in Texas to be prepared to help him when he is transferred.

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