Christopher J. Downey’s Answers

Yes, he can. If the case is "enhanced" with the prior offense, his potential term of confinement is up to 1 year in the county jail. He should also be aware that he can lose his driver's license for up to two years and that he is not eligible to receive a driver's license or occupational driver's license for the first year of the suspension.

The result will be a function of the facts of the case and the quality of the lawyering.

Your situtation raises a host of issues. As regards the allegation of DWI, it is critical you seek the representation of a criminal attorney who can guide you through the myriad of legal venues you will need to travel to protect your driver's license and to defend yourself against the allegation of DWI. You have only 15 days from the date of arrest to challenge the State's intention to suspend your driver's license. Additionally, Texas law allows for increased sanctions and penalties depending...

The short answer is "no" a marijuana charge that resulted in a probation cannot be expunged. However, if the "probation" was, in fact a "deferred adjudication," then it may be possible to seek an Order of Non-Disclosure, which, if granted, has the effect of removing the charge from public view. Cwertain agencies can still find the record, but for most purposes, not the general public.

Generally speaking, courts in Harris County will review all travel requests to travel out of the Country but will typically grant them if the person is in compliance. The person should anticipate that he/she may be required to take a drug test including a hair follicle test upon return.

You should absolutely have an attorney look at the paperwork associated with your prior conviction to determine whether the "judgment and sentence" contains the requisite wording to uphold the conviction.

The key to resolving your problem is knowing what the result was. Generally, speaking, if the cases resulted in dismissals or acquittals, they can be "expunged." If they resulted in deferred adjudications that were successfully completed, they may be eligible for "Orders of Nondisclosure." If they resulted on probations or other forms of final conviction, they will remain on your record unless they are somehow overturned or pardoned.

As you might imagine, this answer will change depending upon the jurisdiction handling the case. Your best bet is to contact an attorney routinely practicing in Shasta County and asking them whether that jurisdiction will allow a negotiated turn in, or a manner to post bail without being arrested in the traditional sense. This will have the effect of lifting the arrest warrant. Most jurisidictions I've dealt with simply will not negotiate the details of a case unless and until the target has...