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Christopher J. Downey

Christopher Downey’s Answers

10 total

  • In jail on a federal drug charge and is not a us citizen he was caught after crossing mexico boarder what can happen to him

    in terms of punishment

    Christopher’s Answer

    Because this question lacks specific detail, my answer must be general. The range of punishment for such offenses is vast and is largely a function of the type and amount of the drugs involved, the context of the underlying case, and the actions of any co-conspirators with whom the person was acting. In the event the criminal matter resolves, the person will, after resolution, be transported by the United States Marshalls to ICE for deportation proceedings.

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  • What do I do if my lawyer is not calling me back after paying him 2,500.00

    I paid him to file a civil case against this guy for touching my child and to get a restraining order. The guy came on my property and scared me and my child and then call the police out and told the police, I threatening his life. The police offi...

    Christopher’s Answer

    1. Send written request for a meeting via facsimile, email and mail. Keep records.
    2. If no response in a reasonable time, call office and request a meeting.
    3. If no response, demand an accounting of time, a refund of any unearned fees, and find another lawyer.

    There may well be a reasonable explanation for your lawyer's delayed response to your inquiry. No need for this to turn into a matter of lost faith until it become apparent that there is no reasonable explanation.

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  • My husband got a 2nd dui. Can he be sent to jail if he is the sole provider?

    Rec'd 1st dui early 2009- Community service, classes & 1 yr probation (popped ua & rec'd automatic 10 day sentence). Got 2nd dui Feb 25, 2012 in city he does not reside (Madisonville, TX). June 25, 2012, bonded out & has interlocking device til c...

    Christopher’s Answer

    • Selected as best answer

    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.

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  • MY GIRLFRIEND IS ON FELONY PROBATION.WOULD SHE BE ALLOWED OUT OF THE COUNTRY FOR MAYBE 4 DAYS?

    SHES ON DWI FELONY PROBATION AND HAS 2 MORE YEARS TO GO BUT NOT DELINQUENT ON FEES OR ANYTHING ELSE

    Christopher’s Answer

    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.

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  • Why does a DUI disqualify you if you have lived here 22 years, graduated high school, went to college?

    Live here for 22 years, graduated high school, went to college, have a clean record except a DUI. The DUI happened a year ago and was dismissed thru probation. Why are misdemeanors even mentioned in this new law. What can be done?

    Christopher’s Answer

    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.

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  • How likely is it for a man with these charges, MAN DEL CS PG 3/4 <28G ,INSUFFICIENT BOND - POSS MARIJ <2OZ ,AGG ROBBERY to get

    off on probation/parole

    Christopher’s Answer

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

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  • I have 2 misdemeanors B in Texas one for failure to identify and the other for theft by check both from 2001 need cleared

    They r both from 2001 nothing in my record since then n nothing before I need to get them taken care of I dont know what to do . And I no longer live in Austin tx I now live in a different city

    Christopher’s Answer

    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.

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  • In Texas, can a misdemeanor B be expunged?

    The misdemeanor was possession of less than 2oz of Marihuana. No jail time, just probation. completed about 5 years ago

    Christopher’s Answer

    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.

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  • Arrested for DWI and they said I refused to give a blood test.

    What can i do if I were arrested for DWI and asked for the breathalizer and they said no. They then said I refused to give a blood test but I have pictures where they cleary tried to draw blood which you can see a huge bruse. After they booked me ...

    Christopher’s Answer

    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 on whether a breath or blood test is refused. As regards your mistreatment by the police, it is important you maintain all of the evidence you can and make attempts to hold accountable those officers who were involved. You will likely be best served by an attorney with extensive experience in criminal law as well as internal affairs investigations.

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  • If someone is charged with a crime (white collar) in a different county, and they aren't considered a flight risk, what happens?

    Would they normally be arrested, or would they normally be informed of the charge and given a chance to respond through their lawyer without being taken into custody? Would they normally have to travel to the other county to be arraigned? Th...

    Christopher’s Answer

    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 turned himself in to authorities. otherwise, that person is considered a fugitive. Once the turn in is taken care of, negotiations and the exchange of information can commence.

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