David R. Lee’s Answers

David R. Lee

Houston Speeding / Traffic Ticket Lawyer.

Contributor Level 10
  1. I was issued a "minor in consumption" in Texas, but the officer forged my signature and I have proof, is this a viable defense?

    Answered about 1 month ago.

    1. David R. Lee
    2. Jennifer J Wirsching
    3. Steven Ray Green
    4. Penny Wymyczak-White
    5. Cory Julien Roth
    5 lawyer answers

    If you have not paid a fine or been to court on this, then the matter is not on your record. A good attorney will try to keep it that way. The key question is whether you were consuming alcoholic beverages of one kind or another in public. If he did not witness it, and does not have others who did, and you kept your mouth shut and did not admit the offense, then you have a reasonable chance of winning. There are probable cause issues also in play. Was this really a valid stop, or was he...

    8 lawyers agreed with this answer

  2. If already hired a criminal defense lawyer, will another lawyer agree to a consultation?

    Answered over 2 years ago.

    1. David R. Lee
    2. Joseph Aragon
    3. Amy Elizabeth Owen
    4. Lee Golini
    5. Caryn S. Fennell
    5 lawyer answers

    Sounds bad. Real bad. Put all of this in writing to your existing attorney, and cc: the Court. with CM/RRR so you're sure s/he sees it and formulates some pointed questions for your Attorney. I disagree with the comment of the other attorney, regarding the ability of one attorney to speak with the client of another. If you approach them, seeking to fully exercise and assert your rights, I do not believe they violate a disciplinary rule in speaking to you. For them to go further than...

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  3. What is my recourse if the court breaks the law

    Answered about 2 years ago.

    1. David R. Lee
    2. Evan Edward Pierce-Jones
    3. Michael Lawrence Doyle
    3 lawyer answers

    This isn't a criminal law question. Ex Parte communications (communicating with one side w/o notifying or requiring the presence of the other) are roundly condemned in both the Texas Disciplinary Rules of Professional Conduct, and the Texas Code of Judicial Conduct. These can be obtained on line or directly from the Texas Supreme Court. The previous advice is very well taken. If you are going to make accusations of Professional Ethics breaches, you'd better have ALL your ducks in a row....

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  4. Firearms seized and now HPD says they have been destroyed, but I have a court order for them to be returned. What can I do?

    Answered over 2 years ago.

    1. David R. Lee
    2. Evan Edward Pierce-Jones
    3. Cynthia Russell Henley
    3 lawyer answers

    That is a civil suit. You need to bark up that tree. You did what you were supposed to do and still got shafted. There is something called "sovereign immunity" they will surely assert that even if they did wrong, s i sheilds them from consequences for it. Get with an attorney who practices civil rights law, or consumer law. Then you will know that yes you can, or no you can't sue them, and yes you can or no you can't reasonably expect to get substantial damages from them. If more...

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  5. How much time must be given to an attorney who is the subject of an ineffective assistance of counsel claim to be given notice?

    Answered over 2 years ago.

    1. David R. Lee
    2. David N. Smith
    3. Stephen A. Gustitis
    3 lawyer answers

    First things first. Consult with and then hire an attorney to represent you in your IAC claim. The more time that passes, the harder it will be to prevail or even get a fair hearing. The State will soft peddle the former lawyer's performance, now matter how deficient it was. They will try to show there was nothing constitutinally lacking in what, how or why your original attorney did what they did . . . or didn't do. They have a conviction. They don't want to jeopardize that. The...

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  6. Arrested and charged with first time marijuana possession.

    Answered over 2 years ago.

    1. David R. Lee
    2. Evan Edward Pierce-Jones
    2 lawyer answers

    Mr. Pierce-Jones is correct, that is the stance taken by the Judges in Harris County. You made bond, therefore you have, or have access to, sufficient money to afford an attorney. It may not actually be so, and you are entitled to demonstrate that to the Court. If he or she accepts your proof, then they may order that one be appointed. But that needs to be your absolute last resort. If indeed you CAN afford an attorney then by all means hire one. Those who make their living doing...

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  7. What are the chances of me getting 3 yrs probation on a 3rd DWI in Texas?

    Answered 2 months ago.

    1. Jeffrey Alan Hines
    2. Harold David Agron
    3. David R. Lee
    4. Matthew Oberlin Williams
    5. Michael Paul Lemond
    5 lawyer answers

    There are too many variables to give any definitive answer, third person like this. The second DWI is not the only bad. You are continuing to drink and drive. All of the time, money and surcharges you've paid already haven't shown you the error of your ways. You need help. No kidding. You HAVE TO stop drinking. Stop. Altogether. Or you will do prison time. If not this time, then next. You can't manage that alone. You will, if you haven't yet, be issued a "smartstart" type device...

    4 lawyers agreed with this answer

  8. What happens if I receive a citation within my 90 days Deferred Disposition (probation)?

    Answered about 2 years ago.

    1. Jim Mitchell Medley
    2. David R. Lee
    3. Macy Michelle Jaggers
    3 lawyer answers

    It depends on what your terms of your Order of Deferred Adjudication were. If it says no offenses, and the ticket was written by a peace officer in that same system (like yout 1st was in JP Court, and the 2nd was written by a Sheriff, Constable, ISD cop, or DPS trooper) you have your choice; butter or margarine (you're toast) If written by somebody in a different system (CoH first time, Har JP 1-1 [for instance] the second) and you are NOT required to come back to court and swear that...

    4 lawyers agreed with this answer

  9. I am on deferred ajudication, and stipulated to complete a rehab. What will happen if Im am terminated or leave?

    Answered over 2 years ago.

    1. David R. Lee
    2. Evan Edward Pierce-Jones
    3. David N. Smith
    4. Michael Hardie Moore
    5. Troy D Krenning
    5 lawyer answers

    As you say, you stipulated (pead guilty) in order to receive the course of treatment. That authorizes the Judge to sentence you within the range specified by law, if there is a failure/violation of the terms that were agreed to. Part of what they do in treatment is to break you down, to get you to admit you really have no control over "it". Leaving, or resisting them to the point that they terminate your treatment would cause any of a range of "bad things" to happen to you. You have to...

    4 lawyers agreed with this answer

  10. My son, who is out on bond already, was arrested again today. Can he still be released when he appears tomorrow?

    Answered 30 days ago.

    1. David R. Lee
    2. Erick Masten Platten
    3. Jay Scott Finnecy
    4. Joseph Stansel Bogen
    5. Michael Lawrence Doyle
    5 lawyer answers

    Can he be? It is possible. But he re-offended (and didn't learn a gul-durned thing!) while out on the first bond, which is very high and that bespeaks other criminal history (he's probably already in Fel. - District - Ct.), so it may be "no bond", on the grounds that a) he violated his terms of release and b) there is substantial danger that the Defendant will go out and continue breaking the law. Was the evading charged as a Felony, too? Sounds like it might be. Not so good. How...

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