Robert Hampton Tuthill’s Answers

Robert Hampton Tuthill

Houston Juvenile Law Attorney.

Contributor Level 14
  1. Texas deferred adjudication and dismissal

    Answered over 5 years ago.

    1. Robert Hampton Tuthill
    2. Paul Holt Walcutt
    2 lawyer answers

    When your deferred is completed, the judge signs an order ending the deferred and releasing you from the community supervision and the charges are dismissed. There is no additional motion or order that you need to file.

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  2. Can i win, if i fight my public intoxication?

    Answered over 5 years ago.

    1. Robert Sterling Guest
    2. Robert Hampton Tuthill
    3. Joseph Briscoe Dane
    3 lawyer answers

    public intoxication is actually tough for the state to prove in Texas. To be convicted of public intox, the state must prove that you were intoxicated, in a public place, while being a danger to yourself or others. Generally what makes the case difficult is proving the danger portion. The fact that the officer did not test you for intoxication helps you as well. There is nothing that says people are not allowed to drink a beer and then go walking around. The state will have to prove...

    1 lawyer agreed with this answer

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  3. Can police test a substance and mail in a warrant for your arrest?

    Answered over 5 years ago.

    1. Robert Hampton Tuthill
    2. Jordan Elliott Lewis
    3. Paul Holt Walcutt
    3 lawyer answers

    They can file charges anytime within the statute of limitations, so they would have a couple of years to charge you if they desire. If they decide to charge you, they will issue a warrant for your arrest. Whether or not they will pursue the charges is up in the air, it really would depend on the cop. He could have just wanted to scare you and threw the mushrooms away after leaving you. Or, he could really have them tested and then charge you accordingly. It is impossible to say. Most of my...

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  4. Need help to find an attorney, help!!!

    Answered almost 6 years ago.

    1. Robert Hampton Tuthill
    2. Cynthia Russell Henley
    2 lawyer answers

    There are several good attorneys in the north texas area that can handle a possession case. I would suggest starting with the bar associations for the area. Try to avoid attorneys willing to guarantee a result . An attorney cannot guarantee an outcome to a case, especially if they have not even read the offense report or spoken to a prosecutor yet. Also try to avoid attorneys that are willing to charge you a small amount per appearance. The appearances can become numerous, and the fee can...

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  5. Will a positive drug test at a DWI hearing send me to jail in the state of Texas?

    Answered over 5 years ago.

    1. Robert Hampton Tuthill
    2. Robert Sterling Guest
    3. Shahin Zamir
    3 lawyer answers

    If you are showing up for a plea, you should be fine. I assume you are going to plea guilty and take a probation from your question. They can only violate you on your probation for something you actually do on your probation. If you smoked weed 3 weeks ago, and it shows up on your first drug test, you should be ok. In this situation, i would follow your attorney's advice. Just be honest and up front. Explain that you are changing your ways and will be drug free. I have never seen a judge throw...

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  6. Can I get my first husband's last name back after a second divorce?

    Answered over 5 years ago.

    1. Robert Hampton Tuthill
    1 lawyer answer

    If the judge refuses to change your name during the divorce proceeding to something other than your maiden name, you can always file for a name change outside the divorce process, and you should easily be able to change your name to the last name you had with your previous husband.

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  7. How long can you be detained before indicted?

    Answered over 5 years ago.

    1. Robert Hampton Tuthill
    2. Edgardo Rafael Baez
    2 lawyer answers

    Since she is getting charged with a felony, she can be detained pending indictment for 90 days. If the State of Texas has not obtained an indictment within 90 days, she must be released either on a personal bond or by reducing the amount of bail required, if the State is not ready to proceed. This is according to Article 17.151 of the Texas Code of Criminal Procedure.

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  8. Should i turn myself in

    Answered over 5 years ago.

    1. Robert Hampton Tuthill
    2. Joseph Briscoe Dane
    3. Howard Woodley Bailey
    3 lawyer answers

    I agree with the previous answer. Warrants simply dont go away. Try contacting the Sheriff's Department in the county where the charges took place. Ask them to check you for warrants. I would also consider contacting a bonding company in the county where the charges took place. Talk to them about researching the warrant, and if there is one, setting up a non-arrest bond with them.

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  9. My wife is a permanent resident of the US and has been charged with 3 DWI's. Her lawyer proposed to clean her record .

    Answered almost 6 years ago.

    1. Robert Hampton Tuthill
    1 lawyer answer

    That doesn't make any sense. First, if you are convicted of DWI, or three DWIs, you cannot clean them off your record. Second, if you are convicted for any offense where the punishment or agreement is for a jail sentence, the individual is released from the jail once the sentence is complete, as long as there are no other holds in place. You should be able to contact the jail and ask them why she is in custody. They should also be able to tell you how long she is supposed to be there....

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  10. How long can a county jail (brazoria) hold an inmate who is on hold for another county (harris) before they have to let him go

    Answered almost 6 years ago.

    1. Robert Hampton Tuthill
    2. Jordan Elliott Lewis
    2 lawyer answers

    The previous answer is 100% accurate. As a side note, Brazoria county is very slow about doing anything.

    4 people marked this answer as helpful