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Sean Timothy Mcalister
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Sean Mcalister’s Answers

63 total


  • Do I need to worry?

    I got caught shoplifting at target. It is my first offense ever. They just took my picture and told me sign a paper saying that the value of the merchandise was not of high value. The cops were not called and they just let me go and told me not t...

    Sean’s Answer

    It does not sound like you were formally charged with any offense, so no it would not be on your record. To me it sounds like the store documented the case and I'm guessing probably asked you to never come back. Just understand that if the paperwork they had you sign was a trespass warning advising you that you would be arrested if you ever returned to Target, just stepping foot back on that store property could get you in formal legal trouble.

    Should you worry? Maybe. Sometimes these types of investigations can be turned over to law enforcement and the District Attorney's Office at a later date. Or perhaps it really ends here. Meaning the store made a decision to document your actions but not formally turn it over to law enforcement.

    Good luck.

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  • What is the punishment for arson felony 2 for a 15 year old juvenile who up til this point has not been in trouble

    My son was charged with arson (F2) I would just like to know what to expect

    Sean’s Answer

    The Juvenile system is quite different than the adult system. The main distinction you should focus on here is that he is charged with a felony. Being charged with a felony in the juvenile system opens up the option of TJJD (Juvenile prison) and changes the time period when a juvenile can move to seal his records (19 years of age on a felony).

    Just understand that the juvenile system puts an emphasis on rehabilitation. They tend to try to steer children towards probation rather than incarceration. That being said, focus on the big picture...how long will the taint or scar of this charge follow the child. What you want is the ability to clean up his record before it makes a permanent impact on his life.

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  • What is a sentenced reduction in tx?

    My husband is currently serving time as of 8/2014 in tdc , judge gave him 8 yrs capped on aggravated assault deadly weapon ,does his case qualify for that or is there other motions to file to help lessen his sentenced?

    Sean’s Answer

    Aggravated Assault with a Deadly Weapon is actually a 2nd Degree Felony. So the range of punishment is 2-20 years in TDC and up to a $10,000 fine.

    As the previous posters have said, there really isn't paperwork you can file and ask for a reduction of a sentence.

    However it is possible, depending on the facts and circumstances, to file a writ claiming things like actual innocence or ineffective assistance of counsel. Being successful on a writ is not easy, but it may be worth considering under the right circumstances. You will have to consult with an attorney who is familiar with the writ process to decide if it is a wise decision to pursue one.

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  • Would it be advisable for me to approach the DA on my DWI case and ask for the charge to be reduced?

    I have been charged with DWI for the first time in my life. I cannot afford an attorney and am in a court where the judge does not give PD's unless you are unemployed or on disability/SSI. It appears that I will not be eligible for Pre-trial Diver...

    Sean’s Answer

    I practice criminal defense in Harris County every day. I have a number of current pending DWI's. We work every day to try to find arguments to get DWI cases dismissed. It is very difficult these days to get DA's to concede their DWI cases and dismiss them. These cases are almost never reduced in Harris County. Perhaps other counties offer that sort of resolution, but it is highly unlikely to happen in Harris County. The ONLY way to get a good result is to hire a defense lawyer to take a very detailed look at your case and find an argument that may ultimately persuade the DA or a jury to let you go.

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  • How long will cps take to move on a positive ua result?

    Due to accusations of drug use, cps opened a case on me and told me to take a UA. I went within the 24hr time window allotted, my case worker eagerly awaiting (constant phone calls about my completion). I have not heard from her since I inf...

    Sean’s Answer

    A single positive UA result alone is not usually enough for CPS to take any drastic action. However, the rest of the circumstances surrounding the taking of the UA really matter here. CPS does not just randomly show up at someone's door and ask for a UA. Someone had to have called in a referral about drug use or perhaps you have prior CPS involvement. I think you need to pick up the phone and call an attorney, because there are way too many scenarios to discuss over one quick Internet response.

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

    My friend served three years for a robbery he committed in his teens; he got off of probation last month December 2013. He received three felonies for each employee in the robbery. He recently tried to apply for automotive school and was denied ad...

    Sean’s Answer

    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 a juvenile offense. If so, there would be a whole different set of rules regarding his ability to seal his records.

    The bottom line is there are a bunch of possibilities, but the details matter.

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  • How can I prove to CPS and the detective that someone filed false allegations

    Kids were taken away from us because if physical abuse and neglect allegations. They are totally false and CPS doesn't seem to believe us.

    Sean’s Answer

    I agree with the other lawyers who have already answered, you need to consult a lawyer ASAP. There is a very critical stage at the very beginning of a CPS case. It is called the show cause hearing. It is a full adversarial hearing to challenge the reasons for the children being taken. If CPS prevails at that hearing, then they can stay in your life for up to a year and you are basically in a position where you have to prove yourself to be a worthy parent.

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  • Can u have a drug case overturned after pleading guilty to it?

    My name is david I plead guilty to a one gram crack charge about 4@ ahalf years ago in fresno,ca because they took me and my girl to jail when they found it outside and said they were going to charge both of us with it but let her go!

    Sean’s Answer

    There are ways to challenge criminal cases and convictions even after the case is over. For your particular case, you need to consult an attorney in California to evaluate your post-conviction options.

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  • Is there any way to avoid jail time on a felony POC less than a gram arrest?

    I am 32 and have a prior arrest for theft charge (felony reduced to misdemeanor) 46 days served in county jail and ordered to pay back. I was never given probation on the case as long as the money was paid back, which I did. Does it matter if I ...

    Sean’s Answer

    • Selected as best answer

    If you are charged with PCS less than 1 gram, and you have no prior felony convictions, it would be mandatory for them to give you probation. Now, if they are offering jail time as a condition of that probation or deferred adjudication, that is all part of negotiation.

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  • If sentenced to 160 days in jail will they serve the 160 days in jail or can they get out earlier?

    Already has done 70 days in jail

    Sean’s Answer

    Every jurisdiction is different, but most local jails have some rule involving 2 for 1, 3 for 1 or some other computation that allows a person to be released after serving just a portion of their sentence. Please check with a criminal defense attorney in the jurisdiction where the person is incarcerated.

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