David R. Lee’s Answers

David R. Lee

Houston Speeding / Traffic Ticket Lawyer.

Contributor Level 10
  1. If already hired a criminal defense lawyer, will another lawyer agree to a consultation?

    Answered about 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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  2. What is my recourse if the court breaks the law

    Answered almost 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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  3. 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 about 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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  4. 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 about 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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  5. Arrested and charged with first time marijuana possession.

    Answered about 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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  6. What happens if I receive a citation within my 90 days Deferred Disposition (probation)?

    Answered almost 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...

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

    Answered about 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

  8. How many people are having problems with Smart Start In-Home Breathalyzer Devices?

    Answered about 2 years ago.

    1. David R. Lee
    2. James Richard Butler
    3. Priscilla Tommye Bush
    3 lawyer answers

    It is quite common to have false positives, and mystery failures. These things are far from perfect, and some companies' maintenance and installation skill levels are better than others. the more quickly and thoroughly he reacts to these, the better off he will be. The Court may extend the period he is required to be monitored, especially if that is an alternative to a MAJ/MRP = jail time and final conviction, with all that entails. If the monitoring term is extended then, switching...

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  9. How many years you get in texas for a 3rd degree felony

    Answered almost 2 years ago.

    1. David R. Lee
    2. Jim Mitchell Medley
    3. Macy Michelle Jaggers
    4. Evan Edward Pierce-Jones
    4 lawyer answers

    Yourquestion begs the larger questions: Why are you thinking about doing a plea anyway, and why in this forum? What you should be thinking about are 1) "How am I going to afford to hire a lawyer and know which one to commit to?", 2) "Even if I can't afford one, but will need a court appointed attorney instead, how do I BEAT this case?". 3) Why am I thinking about a probation - which IS a (FELONY) CONVICTION and will weigh me down like a battleship anchor (and chain) for the rest of my life?"...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Was placed on suspension from the postal service for having loss of mail or loss of funds

    Answered almost 2 years ago.

    1. David R. Lee
    2. Amanda Michelle Webb
    3. Evan Edward Pierce-Jones
    3 lawyer answers

    You have two seperate problems, and likely need two different lawyers. Labor relations, which is the root cause of your problem, and a criminal defense lawyer, conversant with Federal Criminal Law. Do not hesitate in identifying and hiring these resources. Your Union, may or may not be of help to you in that regard. In this day and age when the USPS is downsizing, they may be tempted to dump you in the grease (while smiling in your face the whole time) in order to save somebody else's job....

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