Skip to main content
Mario Madrid
Avvo
Pro

Mario Madrid’s Answers

66 total


  • I have a breathalyser; I was away my roommate tried to move my car & blew into the device & failed. Can she get into trouble?

    It's a court ordered breathalyser and I have a PO. Of course I can get into big trouble if they think it was me, but I also don't want to see her get into trouble.

    Mario’s Answer

    I agree with the prior responses. Your friend will not have any problems, but you may end of getting blamed. Hopefully it was an interlock with a camera.

    See question 
  • Somebody I know got caught steeling...$50-$500 theft class B...first time....clean record...what to expect in court?

    Will they have to serve jail time or fine or probation? I know max time is 180 days &/or upto $2000. Your realistic answer is appreciated..

    Mario’s Answer

    As you mentioned the maximum punishment for a class B Theft is up to 180 days in county jail and up to a $2,000 fine. As a first time offender your friend would likely be offered deferred adjudication, a type of probation that does not result in a conviction.

    If your friend completes the deferred adjudication he/she can file a Petition for Nondisclosure to have the record sealed from the public. However, a better result would be Pretrial Diversion which would result in a dismissal and could be expunged.

    Your friend needs to hire an experienced attorney to keep this off their record. A theft would be detrimental to their future.

    See question 
  • WHAT DO I DO IF I GOT A CITATION FOR EXPIRED INSPECTION?

    I RECEIVED A CITATION FOR EXPIRED INSPECTION STICKER BUT I DON'T OWN THE CAR ANYMORE? WHAT DO I TELL THE COURT?

    Mario’s Answer

    You can either pay the fine or set the case for trial. If the police officer does not show the case will be dismissed. Unfortunately the fact that you don't own the car anymore does not change the fact that you were driving it when the inspection sticker was expired. Another option would be to get the inspection from the current owner and present it to the court. The court would likely dismiss it with a $20 post compliance fee.

    See question 
  • Is it possible to give information to a defense attorney anonymously, and how would a person go about doing it?

    how would you feed information to a defense attorney without putting yourself at risk of being called to testify or anyone involved in the case knowing about it? There may be a gang involved and it could be very dangerous to pass along this inform...

    Mario’s Answer

    I agree with the prior post. It is not difficult to provide information anonymously to a defense attorney. The real question is whether the information will be useful. The attorney may be able to cross examine witnesses regarding the information or it may send them in the right direction while investigating the case, but the ability to have a live witness testify as to the information, would be most beneficial.

    See question 
  • My boyfriend was charged with AGG ROBBERY W/DEADLY WPN and he didnt do it...how much time will he get and what do i need to do?

    it was a old friend trying to put him away because their friendship went bad

    Mario’s Answer

    Your boyfriend is innocent until proven guilty. As the previous posts discussed he needs a good experienced criminal defense attorney to defend him as he is charged with a First Degree Felony which has a range of punishment of 5-99 years or life. Further, if he has any prior TDC convictions his punishment range can be enhanced. But to answer your question, how much time will he get, he may not get any time. He needs a good attorney to defend him.

    See question 
  • Fighting MIP charge

    I was charged for Minor in Possession of alcohol. Me and my friends were at a party with alcohol that cops had arrived to just as we were leaving. As we pulled out there was two cops parked at the end of the road who had pulled us over when we dro...

    Mario’s Answer

    If you are set for trial you must still appear at court. You are certainly at a disadvantage without an attorney as you do not know the rules of evidence and procedure that are required to properly defend yourself in trial.

    Often times in Municipal Court cases like a MIP, if the police officer does not appear the case is dismissed. You will also likely have an opportunity to speak with prosecutor. If you do speak with a prosecutor you can request Deferred Disposition, which is a probationary period that if completed will result in the case being dismissed.

    See question 
  • Will a sentence for 2nd DWI, if found guilty in trial, be worse becasuse of 2 previous felonies that are more than 20 years old

    Felonies are for possession '86 (state) and distribution '89 (federal).

    Mario’s Answer

    DWI 2nd offense is a Class A Misdemeanor and carries a range of punishment of up to 1 year in the county jail and up to a $4,000 fine. Any Class A Misdemeanor offense where the defendant has a prior Class A conviction or higher (in this case 2 felonies which are higher than a Class A) can enhance the punishment range to a minimum of 90 days to 365 days in county jail.

    In order to be eligible for probation in Texas you cannot have a prior felony conviction. This does not mean that you cannot get probation. Often times through plea bargains people with prior felonies are granted probation. However, if found guilty by a jury and the jury is assessing punishment, the punishment range would be 90-365 days, no probation.

    See question 
  • Is it possible to get an assault classified as a felony reduced to a misdemeanor or even dropped. If so how?

    The charges were not filed by the victim but by the police.

    Mario’s Answer

    If the charge is aggravated assault, assault family violence 2nd offense or assault family violence impeding breath, it is possible to reduce the case to a misdemeanor assault causing bodily injury or assault offensive touching as these are lesser including offenses of the ones I listed.

    It possible to have any case dropped. It depends on the facts of the case, the reasonableness of the prosecutor and skill of your attorney.

    See question 
  • ASSAULT CAUSES BODILY INJ... thats what i was charged with in texas.. what should i plea? state of texas vs me

    I called the cops on my exs for leavin our kids alone while i went n helped a friend out, when i came home we got n a arguement over it n i swang to hit him but i didnt touch him my friend got to me before i could n her elbow hit him right under t...

    Mario’s Answer

    If you are charged with Assault Causing Bodily Injury (a class A Misdemeanor) you face up to 1 year in County Jail and up to a $4,000 fine. You are presumed innocent and have a right to a jury trial.

    You should hire an experienced criminal defense attorney. If you are unable to do this by your court date you should request a reset to hire an attorney.

    See question 
  • Has the maximum sentence for a state jail felony gone up to 6 yrs or is it still 2 yrs?

    My husband chose 4 yrs probation over a 2 yr state jail and lasted almost a yr before he was arrested on a mtr warrant. the most we were expecting was a 2 yr sentence but ive been told it could be a lot more time

    Mario’s Answer

    I agree with the previous answers unless you have not provided all of the information.

    It is possible for example that if your husband chose 4 years probation over a 2 year state jail sentence, that the plea bargain was for a 4 year deferred on a a 3rd degree felony, which would then carry a possible range of punishment up to 10 years in prison.

    This is just a hypothetical scenario on my part. You need to speak with his attorney or at the very least get the judgement from the clerk's office to determine what he actually pled to, to determine what his possible range of punishment is.

    See question