Don Ellis Mcclure Jr.’s Answers

Don Ellis Mcclure Jr.

Houston Criminal Defense Attorney.

Contributor Level 10
  1. Can I drop charges?

    Answered about 3 years ago.

    1. Don Ellis Mcclure Jr.
    2. Cynthia Russell Henley
    3. Charles Elwood Soechting Jr.
    3 lawyer answers

    I would call the original police officer, but I would also call the Harris County District Attorney's Office to let the prosecutor know about your situation.

  2. What do I do if I want to file an affidavit of Non Prosecution? Harris County

    Answered about 3 years ago.

    1. Cynthia Russell Henley
    2. Don Ellis Mcclure Jr.
    2 lawyer answers

    Such affidavits rarely get the case dismissed. In fact, if you say anything that is different than the report, his case will normally be moved to a different prosecutor who only handles family violence cases. Some cases do get dismissed, but it is not as easy as just filing the affidavit.

  3. My ex wants to pick up my son at 500pm because he has t-ball practice. i wasnt aware of the practice until about 3 hours ago.

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Don Ellis Mcclure Jr.
    2 lawyer answers

    You do not have to let your son go with your ex. However, it is important that both parties work toward allowing your son the opportunity to be engaged in extra-curricular activities. Unfortunately, these types of activities do not follow a visitation schedule which usually requires the efforts of both parents during their respective times. I know that 3 hours notice is short notice and I would make sure that your ex gives you a schedule of practices and games or talk to the coach directly.

  4. Domestic violence felony charge. is there way to dismiss charge? no criminal history. but has been abusing wife for 2 yrs.

    Answered about 3 years ago.

    1. Cynthia Russell Henley
    2. Don Ellis Mcclure Jr.
    2 lawyer answers

    It would be highly unusual for them to dismiss the case - no matter what your wife says to the DA. In fact, if she denies the abuse or changes her story, it is most likely that they will assign a special prosecutor from the family violence unit to prosecute the case. You really need to hire an attorney to review the evidence.

  5. Felony charge lowered to a misdemeanor class A assault.

    Answered about 3 years ago.

    1. Charles Elwood Soechting Jr.
    2. Cynthia Russell Henley
    3. Don Ellis Mcclure Jr.
    3 lawyer answers

    Expunction will not work for a deferred probation. You need to wait two years from the date you complete your probation and then file a Motion for Non-Disclosure. Non-Disclosure will help to shield your record so that most employers will not be able to see the record. However, this will not erase your record completely.

  6. What can my probation officer do?

    Answered about 3 years ago.

    1. Charles Elwood Soechting Jr.
    2. Cynthia Russell Henley
    3. Don Ellis Mcclure Jr.
    3 lawyer answers

    I agree with the other two posts. Probably, you do not have to worry about being revoked at this point if this is the only issue. Probation in Harris County is tough to complete if you still work full time and have a family. Take it very seriously. Don't just do the minimum - go beyond and get whatever you can knocked out as early as possible.

  7. I was never married or engaged to my boyfriend. we have a son together, my son & i have moved out b/c of his drug abuse & no

    Answered almost 4 years ago.

    1. Jeffrey Milton Gillespie
    2. Cynthia Russell Henley
    3. Jeffrey Carl Brashear
    4. Patricia Faye Bushman
    5. Don Ellis Mcclure Jr.
    6. ···
    6 lawyer answers

    Both parents have equal rights to the children in the absence of a Court order. If you let him visit and take the children and he does not return the children, there is little that you can do to get the children back until you get to Court. You need to hire an attorney and file a SAPCR (Suit Affecting the Parent Child Relationship) along with a TRO (Temporary Restraining Order) to keep the status quo and arrange for visitation, support, etc.

  8. My wife took off with my kids. What can I do to get them back?

    Answered almost 4 years ago.

    1. Don Ellis Mcclure Jr.
    2. Kelly Chang Rickert
    2 lawyer answers

    You need to hire an attorney immediately. The fact that she left the children, voluntarily, with you and had infrequent visitations will help your situation. The fact that she ran away with the children will usually upset most Courts (if it was for no significant reason). You need to file for Divorce and also get a Temporary Restraining Order with a hearing. Of course, you do need to have some way of locating her to serve her, but there may be other ways to give her notice of the divorce.

  9. I wanna get divorce

    Answered almost 4 years ago.

    1. Jeffrey Milton Gillespie
    2. Jeffrey Carl Brashear
    3. Patricia Faye Bushman
    4. Don Ellis Mcclure Jr.
    4 lawyer answers

    I agree that the normal range will be between $750-$1,500.00. There are attorneys who will handle your case for much less money, but be careful if you go that route. Also, children, property and retirement issues could increase the fees. I would suggest interviewing several attorneys to find one with whom you feel comfortable and that are reasonably priced.

  10. My wife wants the divorce, we've been married for 6 years what can she obtain??

    Answered almost 4 years ago.

    1. Sarahjane Davidson
    2. Eric Lee Gruetzner
    3. Jeffrey Carl Brashear
    4. Don Ellis Mcclure Jr.
    4 lawyer answers

    Texas is a community property state. Generally, the property and business that you owned prior to a marraige will be considered separate property. If she has devoted time and/or money to your property and/or business, she may be able to make a claim for reimbursement of that value against your separate property. It can be a real sticky situation. Hire an attorney.

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