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Mario Madrid
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Mario Madrid’s Answers

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  • Hi my son is 16 he was charged with aggravated sexual assault the girl was 11 they just picked him up what are we up against now

    16 year old and 11 year old at that time

    Mario’s Answer

    Because your son is 16 years old, he is considered a juvenile for the purposes of criminal law. However, under Texas law he can be certified as an adult. The charge of Aggravated Sexual Assault of a Child is a First Degree Felony which carries a punishment range of 5-99 years in prison. Additionally, a conviction would result in lifetime registration as a sex offender. You should consult an experienced criminal defense attorney.

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  • Speaking to an Investigating Officer? Should I or no?

    Should I speak with the investigating officer in regards to a crime, I have been accused of? What is the purpose of the interview. If I do, can the officer arrest me after the interview? The charge is for a Class A misdemeanor.

    Mario’s Answer

    I agree with the other posts here. Do not speak with the investigating officer, speak with an experienced criminal defense attorney. If the police have enough evidence to charge you, they will. You will not talk yourself out of being charged but can definitely talk yourself into a criminal charge.

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  • 2nd DWI in Texas. Can I chose jail time over probation? And if I chose to do so will I still have to pay the 2,000 surcharge?

    How much jail time am I looking at and will I have to pay the $2,000 surcharge for three years? I just got bailed out and court was reset to next month. I have a court appointed attorney but debating on hiring an experienced DWI attorney....

    Mario’s Answer

    The maximum jail time for a first time DWI, which is classified as a Class B Misdemeanor, is 180 days in jail. That amount of jail time is highly unlikely if any jail time at all.
    As to the surcharge, if you are convicted you will be required by DPS to pay a surcharge to have a valid driver's license.
    You will need an experienced DWI attorney to investigate and evaluate the case.

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  • My son was arrested this morning for ASSLT FAM/HOUSE MEM IMPED AND EPO Hold. He has no prior arrest /Crim. History

    He is a senior in college and works at the Boys and Girls Club part-time. Incident occurred between him and his girlfriend. She was also arrested for ASSLT. BI FV. He claimed, she assaulted him first by striking him several times with an extension...

    Mario’s Answer

    As your son is charged with a 3rd Degree Felony punishable from 2-10 years in prison, he needs to hire an experienced criminal defense attorney. If true, these are very good facts for his defense.

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  • I am 19 and go a DWI in Texas whats gonna happen when I go to court?

    I'm 19 and got arrested for the first time with a dwi. They gave me a blood test and took me to jail. Friday is my court hearing. What do I plea and in most cases what do you think will happen?

    Mario’s Answer

    You will not be asked to enter a plea when you go to court. The court will likely reset your case so that you can hire an attorney.

    You should hire an attorney as soon as possible. You can have your license suspended by an adminstrative judge. Any attorney would need further details and to review the state's file, video etc., before they can advise you on possible outcomes.

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  • Running out of time to find a criminal attorney to help fight federal charges against my boyfriend for child pornography.

    My boyfriend is facing sexual/internet federal charges. My boyfriend has never been in trouble before and before his investigation had a good job. We were both currently trying to get out of debt so we do not have any money to hire an attorney. We...

    Mario’s Answer

    Unforunatley people never expect to be charged criminally and are not prepared for the expense of legal representation to defend their freedom. However, your boyfriend's number one priority should now be to figure out a way to hire a competent defense attorney. His freedom depends on it.

    There are many attorneys that offer payment plans. Follow the suggestions of the previous posts and keep looking.

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  • Can a Texas DPS Highway Patrol officer write me a ticket for out-of-date inspection well within the downtown city limits?

    Was written a ticket for out-of-date inspection and no front license plate by TX DPS Highway patrol in downtown Austin on city road. Does he have jurisdiction to do that?

    Mario’s Answer

    DPS jurisdiction is statewide. You should get a new inspection and a front license plate and bring proof to the court. Most courts will dismiss the charges with post compliances fees of $10 and $20.

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  • Where exactly does it state that I am eligible to enlist with my criminal background?

    I have one juvenile theft charge, one prostitution charge and one D.U.I.

    Mario’s Answer

    You should speak with recruiters from the different branches of the military. It is my understanding that each individual branch has different requirements to enlist.

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  • Received a letter for a speeding ticket in 2006 , moved out of country 2 days after ticket was issued

    but before leaving called the city to pay and was told it was not in the system yet.when I returned in 2007 I received a letter paid the amount requested for no contest. Called the city was told payment received 0 balance owing , judgement render...

    Mario’s Answer

    A traffic ticket attorney may be your best best. If you have proof that you paid before your court date you should ultimately be able to straighten out the situation. However, as we all know the way things are run in the government doe not always make sense.

    The one thing you also have to look out for is whether these this FTA is one and the same with the ticket you made and not some ticket you may have overlooked.

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  • Is it legal for a school to take your phone and charge you to get it back

    ok i am doing research on this topic. say your phone rings in class and the teacher takes it to the office. from there they make you pay them to get it back. another lawer had said that the fee is leggit cuz of labor and time to store it and keep ...

    Mario’s Answer

    I would suggest approaching the School District Board to address this matter.

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