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Wayne Allen Fowler
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Wayne Fowler’s Answers

248 total


  • ESTA form after Alcohol Public Intoxication in TX

    Hi, I am living in Europe and I am eligible for the VWP program. But I have been arrested for Alcohol Public Intoxication 2 years ago in TX and spent the night in jail. I have been placed on Deferred Disposition Probation after a no contest...

    Wayne’s Answer

    It is possible that you would be okay, not so much because it's not a crime against moral turpitude (it's not), but because public intoxication is a class "c" misdemeanor, which means that punishment is only a fine. The Electronic System for Travel Authorization (ESTA), generally is used by the USA to identify those persons attempting to gain entry into the country that have a class "B" misdemeanor, or above--which is available to international law enforcement agencies. The fingerprints are not a problem.

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  • I caught a theft but since it was my first offense the judge dropped it to disorderly conduct so what show up on my records

    Theft dropped disorderly conduct July 2007

    Wayne’s Answer

    • Selected as best answer

    The big question is whether you pled guilty to the disorderly conduct, or was offered deferred adjudication. You may have the record expunged only if you were offered deferred adjudication, otherwise not. One other possible sticking point is whether the prosecutor required a waiver of expunction as part of the plea agreement. If this happened in your case, you will not be able to have it expunged, even if you were offered deferred.

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  • Fasley accused

    My wife's sister came to stay a week with us after she was released from her mental institution for setting a man on fire. She is diagnosed with ADHD, bi polar and schitzofrenia. She went on one of her rampages and was arrested at our house, as sh...

    Wayne’s Answer

    It is not surprising that the local pd still has a case open because rape allegations as you might guess are very serious, and taken very seriously by the police for ay potential victims benefit. I would caution you against expecting that this will just go away. This is exactly the reason you need an attorney. Hire one, and say nothing else to any law enforcement person.

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  • Can a dismissed case for theft by check be immediately removed from your record if close to 7 years old?

    I was denied employment and found out about the pending case during the background check. It was for eye glasses that I never even took possession of. It was written in 2007 and I called them to cancel the order and never picked up the merchand...

    Wayne’s Answer

    There is likely no way that the employment decision will be changed, even if your background could be erased immediately. Having said that, an expunction will have the records related to the theft case destroyed. Once all of the leg work is complete on this process--and there is a bunch--you should not have this dismissed case show up in any future job applications.

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  • Pawn shop disputing ownership of stolen property

    I have stolen property that the police has located at a local pawn shop. The detective in charge of my case informed me the pawn shop is disputing ownership and I will eventually have a court date set to prove the items are mine. I have photo's, s...

    Wayne’s Answer

    • Selected as best answer

    The pawn shop is disputing ownership because they likely don't want the police looking at them with a scowl for having stolen property. After all, they gave someone money for the property that you are now saying is yours. That doesn't mean that they get to keep your property, if you can prove it's yours, though. It sounds like you have more than enough to overcome your burden of proof that the items are yours. Do you need an attorney? Maybe not. But if the value of the property being returned to you justifies an attorney's fees, I would consider it.

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  • My boyfriend got denied for parole the first time does this mean he will get denied the second time violation on 2 dirty ua

    Violations on 2 dirty ua

    Wayne’s Answer

    If your boyfriend shows up with dirty UAs while in jail, he will not get parole, period. He needs to make sure he stays clean or he will likely be serving his full sentence.

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  • Is a refusal in Dallas County an automatic loss at the ALR hearing?

    I refused all tests, including the breathalyzer, but submitted a blood test from a warrant. My attorney and I still do not have my blood test results as of today (I was arrested early June 2014). As of my ALR hearing last week, we lost and I ...

    Wayne’s Answer

    Losing the ALR is not the important point. The ALR hearing is used to set the officer's testimony and get the evidence that the state will be using against you. Your attorney should have explained to you that because it's your second DWI that jail time of up to 30 days will be a part of any plea in which you get probation. It may be possible to get work detail in place of the sitting behind bars. Regardless, I understand you are concerned, and you have every right to be with your second DWI, but listen to your attorney and if you have questions, ask them.

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  • Is lawyer needed for motion to be put bk on probation?!

    First timer..has served 3mo in tdcj on shock probation..safp.on 9mo sentence..6mo tdcj.3mo halfway

    Wayne’s Answer

    • Selected as best answer

    Technically, no, but I would strongly caution against it. The reason we subject ourselves to the grueling years of study (which never ends) and testing to become criminal defense attorneys is because we want to help people that are in situations such as yours. This difference is why you can expect better results with an attorney on your side than attempting it on your own.

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  • If i was found not guilty due to the fact i completed deferred adjudication will the arrest still show up even with a motion of

    non-disclosure?

    Wayne’s Answer

    It may seem like a play on words, but you were not found "not guilty." What likely happened was that the judge deferred an entry of "guilty" to see if you would successfully complete deferred adjudication. Since you completed the terms of your deferred plea, the charge was dismissed. With the non-disclosure, the arrest will only be visible to law enforcement.

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  • My husband was offered 6 yrs hoe much will he have to do?

    My husband got his 3rd dwi while he was on parole. they are offering 6 yrs tdcj. how much time will he do and can it run concurrent with the parole violation? Can he get credit for the time he served on the charge he was on parole for if they run ...

    Wayne’s Answer

    A third DWI is a felony with prison time from 2-10 years. The key here is that the minimum is two years. I would count on it being a real possibility that he will serve at least that, based on the offer of 6 years from the State. This time will be separate and not in conjunction with any prior sentence.

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