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Don Ellis Mcclure Jr.

Don Mcclure’s Answers

37 total

  • Is the a well-written motion? (auto insurance ticket)

    see my motion posted at http://www.tcsmythe.com/COURTCASE.doc I'm afraid that if I mess this up I will lose the case won't get to try a 2nd time..

    Don’s Answer

    i ddo not handle ticket cases, but I do know that you should hire an attorney who specializes in ticket cases. No Insurance tickets can be very expensive and can lead to a loss of your license.

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  • What if you have a deferred adjudification for shoplifting and on probation for a year.

    Your stipulation consist of not being able to shop in that particular store for a year. If i enter that store before a year is up and buy something with credit card. is their anyway a store can track the transaction? if so what would happen?

    Don’s Answer

    I do not know if a store caan track your transaction. If you have already made a transaction at the store and nothing happened, then I would commit to not going back to the store. Probaably, everything is okay; However, you should not go back as, in most theft cases, it is a condition of your probation. In addition, it could be a new law violation for criminal trespass.

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  • Probation violation for alcohol use

    I am 3 yrs into a 10 yr probation for theft. I obviously have a high restituion I am struggling to pay but otherwise everything has been going ok. On my last visit I failed the UA for alcohol use and I am scared to death. I dont know what to ex...

    Don’s Answer

    You do not mention which Judge is "hosting" your probation; However, I would consider this a wake-up call and would proceed as if you might get revoked. In most cases, I do not think that this one time violation would lead to a revocation; However, each case is different. As to your struggling to pay restitution, at least pay as much as you can...even if it is a small amount. Showing good faith will go a long way with the Court as well as your probation officer. Whatever you do, do not qquit making some type of payment.

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  • Shop lifting $50-$500 at Sears In Amarillo, Texas. A legal immigrant RESIDENT of TEXAS was caught for shoplifting. What is next?

    He confessed to the store manager through the interpreter. He was taken to Amarillo Texas police station & was released on $1500 money order as a bail. He was given $1500 receipt with Cause No: PC, Cause Name: Theft Prop $50-$500 written on it..I ...

    Don’s Answer

    He should hire an attorney. Theft crimes are considered crimes of moral turpitude, which means a crime that shows a questionable character. There is not enough information in the question to answer your question as more information about his residency must be known. You really need an immigration attorney to advise you as to the consequences of this crime as they apply directly to him - every case is different based on the residency facts. Once you know the consequences, then you will be able to make the best decision possible as to the criminal charges.

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  • Whats the fee for speeding ticket

    whats the fee for speeding ticket

    Don’s Answer

    On the back of most citations, you will find a list of the more common fines. You will also find a phone number for the Court. The fees and fines are different for every jurisdiction.

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  • Wrong age on speeding ticket

    My age on my speeding ticket is wrong. Can I contest on these grounds? 75 in a 55.

    Don’s Answer

    Generally, the answer will be no. The previous contributor was correct in stating that a citation or ticket is to provide basic notice to the alleged violator of the charges pending. That being said, I would encourage you to find a ticket attorney as they are skilled at finding problems wwith the charge that are defective to the point where a case may be dissmissed. It happens more than you might think, but it takes someone who practices in this area of law on a regular basis to find such flaws, if any.

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  • Can I be terminated for receiving a large sum of money?

    I recently received a seven figure amount from an inheiritence. I have been employed with this company for over 19 years with numerous awards. I was appoached by two co-workers, one being higher up, about a loan. Well, I refused stating I was not...

    Don’s Answer

    Texas is an "at will" state and your employer can fire you without much recourse. However, that is a very general statement and employment law is a very niche practice that requires someone who spends the majority of their time practicing employment law. Therefore, I would look for someone who specializes in employment law. You may have options, but you need some good advice to find out those options, if any.

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