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Jon P Thomas

Jon Thomas’s Answers

2 total

  • Can I file a wrongful arrest on the bay town police department for arresting me for DUI when i drank nothing and did no drugs .

    I was run off the road on the interstate , when i tried to get back on i did not have enough room and spun my car out on the median . I turned around to make sure everyone was OK because another car spun out and hit the concrete blocks . When I...

    Jon’s Answer

    First, you need to ensure your DWI charge is dismissed. Though, it may seem like a dismissal would be a no brainer, the DAO may not be willing dismiss the case that quickly or easily, especially if so move may have been injured or sustained a large amount of property damage.

    Though, they may now be now be alleging intoxication because of drugs, don't worry to much. The whole marijuana thing is often a fall back when people blow a 0.00. I have never had them push a drug related DWI. They have all gotten dismissed.

    In regards to suing for wrongful arrest, unless you can prove they knew you were not intoxicated or that a reasonable person would not believe you intoxicated under the facts - there is not much that can be done.

    Thanks,

    -Jon

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  • How long does an extradite hearing normally take? How long does the state of Georgia have to come get an inmate in Texas?

    My husband was arrested in Texas 3 days ago for a warrant that he had in the state of Georgia for vilolating probabtion, im wondering how long does he have to sit and wait for an extradite hearing, and how long does Georgia have to come get him? H...

    Jon’s Answer

    Your husband will be taken before a judge, who will inform him of the extradition warrant and the underline criminal charge(s). At this point, your husband can either consent to the extradition or challenge the legality of his arrest. If he disputes the warrant, the judge will appoint counsel or permit retained counsel time to file an application for a writ of habeas corpus. At the writ hearing the prosecution will have to prove the validity of the warrant and that your husband is the actual person being accused. Based on the evidence provided in the hearing the judge can order his immediate release or hold him over for a reasonable time allowing the arresting jurisdiction time to come and retrieve him. Most Texas county jails will only hold a defendant 10 days on an extradition warrant.

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