Sean Timothy Mcalister’s Answers

Sean Timothy Mcalister

Houston Criminal Defense Attorney.

Contributor Level 9
  1. Concerning my murder charge...

    Answered almost 2 years ago.

    1. Sean Timothy Mcalister
    2. Joseph Francis Vinas
    3. Chayah Skye
    4. James Regan
    4 lawyer answers

    Sometimes finances simply prevent you from hiring the attorney of your choice. And just as every person is different, the same goes for court appointed lawyers. Some court appointed lawyers are well respected, diligent, born fighters and all around excellent lawyers. Some are, well...not. In Harris County, there is a testing and approval process to be on the appointment list. Only certain lawyers will be qualified to handle the highest level of felonies. You would hope they would care...

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  2. What is a misdemeanor 2?

    Answered almost 2 years ago.

    1. Sean Timothy Mcalister
    2. Katherine Ellen Shipman
    3. Cynthia Russell Henley
    4. Peyton Zimmerman Peebles III
    4 lawyer answers

    There is no such thing as a Misdemeanor 2 in Texas. There are only Class A, Class B and Class C Misdemeanors. When you are talking about theft, the degree of the offense is determined by the amount of the theft. Your question talks about $1500.00. That is actually right on the edge between misdemeanor and felony. Theft between $500 and $1,499.99 is a Class A misdemeanor. I assume this is the level of offense you are concerned with, otherwise your original question would be asking about a...

    8 lawyers agreed with this answer

  3. Legal immigrant arrested for shoplifting merchandise worth $200.this is first offense.

    Answered almost 2 years ago.

    1. Sean Timothy Mcalister
    2. Macy Michelle Jaggers
    3. Alexander Joseph Segal
    3 lawyer answers

    Don't ever play around with any type of theft related offense. I advise anyone to do whatever it takes to avoid a permanent scar on their record for theft. When you throw in the added complication of immigration consequences it is even more critical that you are very careful about how you resolve the case. Don't just walk into court and plead guilty or no contest. You should not navigate this alone. Please, please consult and hire a criminal defense attorney.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can his criminal felonies be seal or receive a non-disclosure?

    Answered over 1 year ago.

    1. Deepali Meenu Walters
    2. Sean Timothy Mcalister
    3. Lloyd Stefanus Van Oostenrijk
    4. Macy Michelle Jaggers
    5. Tami Cheri Pierce
    5 lawyer answers

    Would need more details. You said he served three years. If that was in the adult penitentiary, then there is nothing really that can be done. You also mentioned probation. Straight probation would not allow for any relief. If it was a deferred adjudication on a felony for robbery, he might be eligible for a non-disclosure. However, he would not be eligible until 5 years after the end of the deferred adjudication. You also mentioned he was a teenager, I guess it is possible this was...

    6 lawyers agreed with this answer

  5. Son arrested for vandalism

    Answered almost 2 years ago.

    1. Sean Timothy Mcalister
    2. Leonard C. Morales
    2 lawyer answers

    I hate to respond with an answer like "it depends," but it does. The level of the charge depends on the value of the window. It also depends what your son's age is. If he is between 10 and 17 he would get charged as a juvenile. If he is 17 or older, he could get charged as an adult. There are a million different scenarios of how this could play out. That being said, there are definitely good ways to resolve these types of cases and still have the ability to clean up your son's record....

    5 lawyers agreed with this answer

  6. I am charged with a 3rd degree felony ,I was offered 20 yr ,tdc $3000 in fines and $28,000 rest I paid all the money and now

    Answered almost 2 years ago.

    1. Sean Timothy Mcalister
    2. Nicole Elizabeth Knox
    3. Evan Edward Pierce-Jones
    3 lawyer answers

    The range of punishment for a 3rd Degree Felony in Texas is from 2-10 years in prison and up to a $10,000 fine. So unless you have a prior TDC trip the offer is outside the range of punishment for a 3rd Degree Felony. And I would say that it would be highly unusual for your attorney to recommend that you pay such a significant amount of restitution unless there was some firm deal in place first. It sure seems like there is a lot more going on that we know about here.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I have a house arrest matter because of a criminal felony charge and I currently have no attorney.

    Answered almost 2 years ago.

    1. Sean Timothy Mcalister
    2. Donald Norman Payne
    3. JaPaula C Kemp
    3 lawyer answers

    Obviously, you are facing an extremely serious charge. It is common for a Judge to put restrictive bond conditions on someone charged with Murder. Bond conditions can be amended or adjusted by the Judge, but considering the serious nature of the charge it may require bringing proof of certain things (i.e. documentation from your doctor and/or work) before she is willing to adjust those conditions. That being said, bond conditions are certainly not the most important issue you are facing....

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. If i have a felony or misdemeanor as a minor will it be sealed at age 17? I was told it would seal automatically

    Answered almost 2 years ago.

    1. Sean Timothy Mcalister
    2. Shawn H. Smith
    2 lawyer answers

    No, that is not true. The sealing of juvenile records does not happen automatically. There are not enough details in your question to know what level offense we are dealing with and your current age. There are certain waiting periods that are in effect depending on whether a juvenile case is a misdemeanor or felony and how the case is resolved. But let us assume for the purpose of this answer that you are, in fact, eligible to seal your juvenile records. For you to formally clean up your...

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  9. If you shoplift while your a minor, and it's $118 worth of stuff and got caught. What can he do to get it off his record?

    Answered over 1 year ago.

    1. Sean Timothy Mcalister
    2. Anthony Michael Solis
    2 lawyer answers

    Assuming he cannot beat the case on its merits, there is a resolution called deferred prosecution that can be negotiated for. It is a form of probation, however if the juvenile complies with all of the conditions of the deferred prosecution the case will be dismissed and he will be eligible to seal his records immediately.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. If the judge has the right reject that punishment that attorney and prosecutor had came to before and the plead has been signed?

    Answered almost 2 years ago.

    1. Richard Kurt Arbuckle
    2. Sean Timothy Mcalister
    3. Nicole Elizabeth Knox
    3 lawyer answers

    The Judge does have the right to accept or reject any plea bargain. If the Judge does reject the plea bargain, however, you are not stuck. You would be entitled to withdraw your guilty plea, walk away from the bench and start all over again. A lot of your post seems to be lamenting about wasting time and resources. Honestly, the best thing you and your lawyer can do is try to understand WHY the Judge doesn't like the plea bargain and see what other adjustments or alternatives are available....

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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