Skip to main content
Robert Hampton Tuthill

Robert Tuthill’s Answers

485 total


  • Should i get a lawyer for misdemeanor assault charges?

    I have a class A charge for assault and one for interfer w/ emergency call. Should I get a lawyer

    Robert’s Answer

    Absolutely. No question. There can be a lot of consequences to charges like this that a lawyer can talk to you about, not to mention the skills an attorney will have to help fight your case.

    See question 
  • Texas- How does one go about finding the best method or best lawyer to do a complete & effective expungement of criminal records

    Found not guilty, eligible for expungement August, 2010,need clean background check

    Robert’s Answer

    Any criminal attorney should be able to help you with this. I would start with the attorney who represented you on your case where you were found not guilty.

    See question 
  • Where can I get a low priced lawyer?

    My boyfriend is locked up for aggravated robbery charge and violation of probation charge I have a part time job and go to school therefore I dnt have a lot of spare time. Or money what do I do to get him out sooner than what they want to give him...

    Robert’s Answer

    I also think that your boyfriend should look at getting an appointed lawyer. A decent lawyer generally costs a decent amount of money. Good representation rarely occurs on the cheap....

    See question 
  • Can you get your criminal background sealed if it begin in 1997 a deferred adjucdication and was revoked after 8 years? Discharg

    Sp, Probation deferred in 1997 for ten years I did 8 and after that she revoked my probation gave me 2 years tdc, completed case discharged since 2007. can it be sealed to employers?

    Robert’s Answer

    I agree with the other two answers. Since this deferred resulted in an adjudication of guilt and a sentence of 2 years, it cannot be sealed or expunged.

    See question 
  • Whats the charges for a 17 year old boy and a 16 year old girl to have concentual sex?

    ma and this girl went to a hotel to have sex and her parents are saying they are gonna file charges are there charges to file??

    Robert’s Answer

    Technically, charges could be filed on you but, as the other answer stated, there is a defense to the charge in your situation since you are so close in age. The odds of charges actually getting filed are extremely low.

    See question 
  • If my Criminal record was “disposed” what is shown when a background search is conducted? How do you answer the Deferred adjudic

    Completed the deferred adjudication in 2001 my case status states “ disposed” what is the proper was to answer the job application when it ask “ Have you ever been convicted of a misdemeanor, felony, of received deferred adjudication, or probatio...

    Robert’s Answer

    "Disposed" just means that a case was taken care of and is no longer pending on the court's docket.

    What actually happened with your case? Were you convicted? Was the case dismissed? Did you plead guilty? Did you get probation? Deferred Adjudication?

    As far as answering the questions for employment, if the question asks you if you have ever been arrested, the answer would be yes, unless you have had an expunction. If the question asks if you have been convicted, that depends on the outcome of your case. Deferred Adjudication is not a conviction unless a Motion to Adjudicate has been granted.

    So it really just depends on what the employment question is asking and what actually happened with your case. Assume an employer will see everything unless an Expunction or a Petition for Non-disclosure has been filed.

    See question 
  • If a person is pn orobation from another county and no MTR has been filed, how does he get out of jail if he doesn't have money

    he was appointed a lawyer that does not want to ask for lower bail as afraid judge will increase it more than $50,000. Charge is allegation of sexual assault which was an actual mutual flirtation or misconduct. PO is aware yet travis co insists on...

    Robert’s Answer

    I agree with the previous answer. There is too little information provided here to provide an educated answer.

    If, however, the defendant in this case does not like the appointed lawyer or how the appointed lawyer is handling the case, they are always free to hire their own lawyer.

    See question 
  • A male had 2 dui's in 1986 and 1 in 2010. Could there be any leniency on the 2-10 year jail sentence (Texas)

    A male had 2 DUI's in 1986 and 1 DUI in 2010. Could there be any leniency on the 2-10 year jail sentence (Texas)

    Robert’s Answer

    a third offense for DWI in Texas is a 3rd Degree felony with a punishment range of 2-10 years, as you stated. You ask if there could be leniency on that punishment range. There are a lot of options that may be presented. While I do not practice in Travis County (Austin), felony DWIs are often reduced to misdemeanors when the priors are very old. There is also a chance for probation on the Felony itself. Just because the punishment range is 2-10 years does not mean the defendant will receive that punishment. Think of it as a worst case scenario.

    It is impossible to say exactly what will happen but an experienced lawyer will be able to tell you what the options may be once they are hired on the case and have full knowledge of the facts and circumstances.

    See question 
  • What are the procedures and chances of gettin a Class B Misdemeanor arrest expunged after Pre-trail diversion?

    I was involved in car accident, no alcohol or controlled substances, just an accident, and the police arrested me for wreckless driving. I completed the Pre-Trial Diversion and all charges were dropped, but the arrest still remains on my record, ...

    Robert’s Answer

    The good thing about Pre-Trial Diversions is that the offense can be expunged from your record. You have to wait until the Statute of Limitations expires, which is 2 years on a misdemeanor. Some Pre-Trial Diversion agreements (at least where I practice in the Houston area) includes an agreement that the Defendant will not seek an expunction earlier than two years after completion of the diversionary period. This would be separate from the Statute of Limitations issue. So the actual time period you can file for an expunction will depend on the agreement for the diversion.

    The process of an expunction is basically a civil lawsuit. You have to file the expunction in Civil Court and all the proper agencies must be served with notice of the suit. They are normally agreed to and it is just a time consuming process to get all of the agencies to agree and sign off on the expunction. I would suggest hiring a lawyer to help you with this.

    See question 
  • Evading arrest

    i was pulled over, did not pul over rite away, the officer cut my hand, sent me to e,r. officer made sure i was seen at hosp for stitches then left me there, now i have a warrent and im wilingl to get lawyer but cant do time because im in medical ...

    Robert’s Answer

    I would contact a local bondsman and talk to them about setting up a "no arrest" bond. Basically they find out what the bond will be and get everything set up so you can turn yourself in without getting arrested. You then get processed in the jail and leave once that is done without having to actually spend time in jail.

    As far as whether you will do "time" as a result of the charge, there is always a chance of that. It sounds like your charge is Evading Arrest with a motor vehicle, a State Jail Felony. This charge carries up to a maximum 2 years in a State Jail Facility. This is a serious charge and you should contact a local attorney to represent you.

    Having said that, if you have a clear criminal history, you may be able to avoid a jail sentence and be eligible for some type of probation or Deferred Adjudication. So if your attorney determines the State has a strong case against you, you still may be able to avoid doing "time."

    See question