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Jeffrey David Parker

Jeffrey Parker’s Answers

3 total

  • Military member not stationed in TX but who is a resident and regestered vehicle owner, recives a no state inspection ticket?

    there is an extention on the drivers lincesne for military, but is there one for state inspection? the same vehicle has been regestered in TX from 1996 to present, no state inspection from 1999 when military member moved to WA

    Jeffrey’s Answer

    As an attorney based in the same county as Fort Hood, I see this situation often. The answer is that if the motor vehicle is operated on State of Texas roads, the vehicle must have a valid state inspection.

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  • Revoction of probation

    I was placed on probation for obstruction of a passageway it was a plea instead of for a dui. I just recevied a summons to appear in court. The court docket said the setting was for an approval of probation revocation. Can this be done if I havent...

    Jeffrey’s Answer

    The best answer I can give you is to hire an attorney in the location where you were placed on probation. The reason for that is because local counsel knows the local procedures best, and can therefore properly advise you.

    I say that because I am a board certified criminal defense attorney based in Bell County, Texas and it does not appear from your question that you are on probation for a case which originated in Bell County. Therefore, any answer I could give you about how Bell County operates would be of no use to you if your case originated somewhere else.

    For example, you mentioned your case was for DUI. Does that mean that you were under 21 years of age at the time of the offense? In Texas, it is DWI, not DUI, unless the case involved a minor. If you were under 21, are you on probation through the juvenile court system, or through a Justice of the Peace Court? If so, then you need an attorney who specializes in juvenile law.

    Also, did you mean “obstruction of a highway or other passageway”, Texas Penal Code Section 42.03? If so, then I am very confident that your case is not in Bell County state court, even though you listed Killeen as your location. In the county courts of Bell County, a reduction is always made to the Class C offense of criminal attempt (even though there is no such offense, that is what we do here).

    Further, you would not receive a summons to appear in a Bell County criminal court, you would be arrested (unless you are a juvenile, then you would be “detained”). However, you listed Killeen as your location, so does that mean your case is in federal court? If the offense happened on Fort Hood, that’s an entirely different situation altogether. If the federal magistrate judge (Judge Manske) put you on probation, then you definitely need someone who routinely practices federal criminal defense on base and in Waco.

    Finally, there are no settings for “approval of probation revocation” in any courts in this county. The only similar setting would be for a hearing on a motion to revoke community supervision, but before that you would have an appearance hearing and a pretrial hearing. At the initial appearance hearing, the judge will ask you if you are hiring an attorney, asking for court appointed counsel, or representing yourself (pro se). You need to choose one of the first two options, you need help.

    The reason to get an attorney (even a court appointed attorney if you can’t afford to hire one) is because the attorney will know what your options are to get the best resolution of your case for you.

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  • New charges with a pending case from 2 years ago

    I'm an 25 with no prior convictions. 2 years ago I was arrested for DWI, was able to keep my drivers license and currently awaiting my trial. We currently I am being charged for damaging a bathroom for criminal mischief and have been told by ...

    Jeffrey’s Answer

    First, the owner cannot issue a warrant; only a judge can issue an arrest warrant. Secondly, if no arrest warrant has been issued, and you have not yet been arrested; then you are not currently being charged. Thirdly, a judge should only issue a warrant charging you with a crime if the judge believes a criminal offense has actually occurred.

    To be found guilty of criminal mischief, a jury would have to find that you intentionally or knowingly damaged or destroyed tangible property belonging to someone else, and that you did so without that person’s effective consent. See Tex. Pen. Code Section 28.03(a)(1).

    You should note that it is a crime only if you “intentionally” or “knowingly” damaged the bathroom. If it was accidental (i.e. “reckless”), there is no criminal offense (only a civil action). That may be what the officer told you. However, keep in mind that police officers are generally not lawyers. Once the officer presents the case to the prosecutor (who is a lawyer), the prosecutor may believe that you are guilty of a criminal offense and may direct the officer to obtain an arrest warrant against you.

    Additionally, if the damage was done intentionally or knowingly; then this is both a criminal and a civil matter.

    Offering to pay for the damages does not mean that you cannot be charged; and, in fact, that offer may be used against you as evidence of your guilt (or at least a guilty conscience). If you did commit criminal mischief intentionally or knowingly, then you could be found guilty of a crime. If found guilty, you can be sent to jail, fined, and forced to pay for the damages.

    Finally, your question was “what do I do now?” The answer is, tell your lawyer. Only a lawyer who practices in your county will know the local time frame and whether no-arrest bonds are available. Most importantly, your local attorney will be able to advise you as to the possibility that your bond for the DWI case will be revoked as a result of a new charge. One of the usual conditions of any bond in Texas is that you not commit a new criminal offense. If you are charged with criminal mischief, a judge has the power to revoke your DWI bond and have you rearrested. Your local attorney will be able to advise you as to that likelihood and what your rights are in that regard, as well.

    In conclusion, the best advice I can give you for the future is to stop representing yourself. As soon as the owner began accusing you of a crime, you should have stopped talking to everyone except your lawyer.

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