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Wayne Allen Fowler
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Wayne Fowler’s Answers

248 total


  • Can I personally, not my lawyers, get blood discovery for my case.

    It's been nearly 2yrs. and the Bexar County DA has not released blood evidence even though there has been numerous requests by my attorney(who is no longer my attorney).

    Wayne’s Answer

    You may certainly ask for it? If the lab is willing to provide it, you will likely have to pay for it--which can be expensive. My guess is that you will have even less success that your attorney, and if they have been unsuccessful, that does not look good for you. I'm not sure why you no longer have your previous attorney, but you do need one.

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  • I have been arrested for burgulary of habitation..My first offense and no other criminal record.

    The detective called me and I was really forth coming with all the information he ended up letting me leave and called me about a week later letting me know I can turn myself in for a 2nd degree felony for burgulary of habitation. Just trying to s...

    Wayne’s Answer

    I am not attempting to wag my finger at you, but the fact that you were forthcoming only meant that you just handed yourself over to the State on a silver platter. I counsel my clients, and I will do the same for you, to never, never, never voluntarily speak to law enforcement without an attorney--certainly never without having an attorney to represent you.
    Please get an attorney now, so that you can address the arrest warrant that is out on you, and can protect the remaining rights that you did not waive.

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  • Took a Xanax had NO alcohol but got a DWI , bond states i had .08 can i win the case?

    I had taken a xanax bar and ended up passing out behind the wheel my car was parked and was issued a DWI they didnt ask for my DL or insurance administered test at the station asked for a lawyer wasn't given a chance to call my attorney. Booked me...

    Wayne’s Answer

    You can receive a DWI without having a single drop of alcohol in your system. The issue is whether you had the normal use of your mental or physical faculties. This includes taking prescription drugs, or even over the counter medications. Since you were passed out behind the wheel, the police considered you to have been operations a motor vehicle. While the bond and name issue is interesting, the best thing that you can do is to get an attorney experienced in DWI/DUI law. You need it.

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  • My husband has 7 yrs parole n was jailed now for dui how much time would he get know he has medical n mental condition

    first sentence 13 yrs was release on parole for 7 did 3 outside but he got in a car n drove n had drank early but still smelled so was locked up n his parole is in violation. he recently got disabled for mental problems .

    Wayne’s Answer

    Just having a "mental condition" does not automatically get time erased from a sentence. There is much more involved than that. A criminal defense attorney would be able to give you a more complete answer based on more facts than we have here.

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  • I have a class-b misdemeanor that I'll be getting petitioned for a nondisclosure, can I just file this myself?

    I called a few attorneys and let them look up my criminal records which has 1 charge in 2006 for the class b misdemeanor which also was deferred and completed, but they are charging hefty. Is a 1,000 accurate and reasonable? Can I try and get a no...

    Wayne’s Answer

    $1000 is reasonable and is about the median fee as far non-disclosures go--some charge less and others more. You have the right to file these petitions yourself, but that doesn't make it an good thing to do. Don't take the chance and hire an experienced attorney to do this for you.

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  • Can I leave on my 17th birthday

    Not out of town or anything just to live with a friend or something I'm going to finish school everything

    Wayne’s Answer

    Emancipation is the choice available if you are under 18. This can be granted if you are married, in the military, and certain other situations. If it's just to live with a friend, and your parents do not agree, then you need to wait a year.

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  • Can i get a Texas chl with early terminated deferred adjudication for a tittle 5 charge?

    I was charged with a Tittle 5 state jail felony in 2011. I was granted deferred adjudication for 2 years, the case was early termination in 2012. I have no order of conviction but the attorney representing the state claimed that i was convicted. I...

    Wayne’s Answer

    Deferred Adjudication is considered a conviction for a Title 5 charge.

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  • I have a second degree felony for possession and got deferred adjudication can i get a twice card

    haven't been convicted got probation

    Wayne’s Answer

    If it is only for possession, then you may be able to get a TWIC card.

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  • Probation violation and they want to extend me for one year and have me serve 30 days in jail.

    Anyway to get the 30 days cut down or is that standard? Can I serve my time on the weekends? Pro & cons of serving time on weekends?

    Wayne’s Answer

    The simple answer is that "it depends." With an attorney you will have more options. It is unlikely, depending on if the jurisdiction even allows a deal like this, that you will be able to get it on your own.

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  • What happens to my permit if i get a mip?

    i was in the backseat of a vehicle when we were pulled over with beer in the car and the cop gave everyone a mip and my friends say they get their licenses suspended even if you weren't driving but what happens to my permit if i plead guilty ?

    Wayne’s Answer

    I don't recommend that you plead guilty because of the potential consequences that will follow you. Get an attorney, as difficult as that may be, and let them help you potentially avoid these consequences.

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