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Jim Mitchell Medley

Jim Medley’s Answers

770 total


  • Caught shoplifting, what do I expect when going to court?

    I was arrested for shoplifting recently in Connecticut and have to go to court tomorrow for it, and I am entirely clueless. What should I expect to happen, what should I plead, and how do I go about getting a public defender? I am not closed off t...

    Jim’s Answer

    You may be trying to keep the situation to yourself, but if it is not handled properly, it will affect you the rest of your life. Some court appointed lawyers provide acceptable representation, but many do not. It is risky. You DO get what you pay for with legal representation. As embarrassing as it may be, get help from family or friends and pony up for a good lawyer. Some outcomes will seem so easy, but will have permanent consequences on your life.

    Get a real lawyer and try to beat that case.

    Good luck.

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  • Is there a way to get any of your conditions (guidelines) reasonably modified if you're on felony probation?

    I'm a manager / bartender, and have been for the past eight plus years.

    Jim’s Answer

    Getting the ok from a felony judge to work in a bar may be tough. It will depend on which judge you are dealing with, what your felony charge is, whether alcohol or drugs were involved in your original charge, etc. Most probation terms forbid drinking and going to bars, so your lawyer will have their work cut out for them. If is is allowed, you can expect very close supervision- drug tests, ankle monitor, interlock on your car, or other restrictions. It may be worth considering a different line of work. You don't want to be on the judge's watch list right off the bat on a felony probation.

    Good luck.

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  • My fiance is being held for theft of a firearm which I know is considered a felony. I was wondering how long can they hold him?

    He is being held in grand prairie detention center and they already said he has seen the judge but he has other warrants in mesquite therefore they are waiting for Dallas to come get him.

    Jim’s Answer

    They can hold him until a bond is set and then paid by someone.

    The Theft charge will probably have a bond of a couple thousand dollars , assuming he doesn't have a lot of prior history. The outstanding warrants will have bonds set as well. There is no way to know without knowing the number of tickets etc. He may be able get out by pleading to time served, but I do not recommend this. Some tickets can lead to license suspension and surcharges for years to come.
    Get a lawyer on his case and your counselor can help you with bond issues and deciding what to do with the traffic charges in Mesquite. There are so many things to consider. I would not make any decisions without guidance.

    Good luck.

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  • Pros and cons of Jail vs Probation for First DWI in Dallas

    I've heard that there's a possibility of only doing a weekend in jail (72 hours?) versus a 1-2 years of probation. Probation just seems like too much to endure with all the fees, requirements, and the possibility of violating it versus a weekend ...

    Jim’s Answer

    Sometimes the weekend in jail sounds like an easy way out, but in Texas you will lose your driver's license if you choose that option. If it is your first DWI, and you take probation, you will not get your license suspended as a result of the plea. If driving is important to you, you should consider probation.

    Of course this is assuming your case is not defendable. You should get a qualified DWI lawyer to represent you. Many cases seem bad on the surface, but a lawyer who puts forth a sincere effort can often do magic for you. Don't just give up and assume you are going to have a DWI. There are several great DWI lawyers in the Dallas area.

    Good luck.

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  • I was arrested for possesion of h. my aunt and uncle gave the cops the h they had found days prior. Not in my possesion at arre

    it was never in my possesion at the time of arrest.

    Jim’s Answer

    The government can prosecute you with witnesses. You do not have to be found with something on you to be charged. The government may have to work harder to prove a case like yours though. They will need the cooperation of your aunt and uncle to prove the case in court. Maybe it was theirs and they framed you? You must get representation and have the facts and law of your case analyzed by an experienced lawyer who will fight for you.

    Good luck.

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  • Can you chose to not drive during your dui diversion instead of installing an IDD?

    Perhaps one would want to save the money and use other modes of transportation instead of drive

    Jim’s Answer

    Your primary hurdle will be making the judge/prosecutor feel comfortable that you aren't drinking and driving. It's easy for you to tell them you just won't drive, but they usually want to know you aren't driving after drinking/ Requiring the machine at least gives them some comfort that you will have incentive not to drink (getting caught) and that you can't drive that vehicle if you do become intoxicated.
    Other than that concern, I think your suggestion makes great sense.

    Good luck.

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  • Could you describe a rough time-frame for the consequences for shoplifting if the store did not stop the perpetrator?

    If someone had switched a label at self-checkout and used a credit card (theoretically allowing the store to find them if they reviewed security footage but no one stopped them on their way out and they have no reason to believe the store is aware...

    Jim’s Answer

    Any criminal charge must involve positive identification of the suspect. Cases like you have described would be difficult to prosecute after the fact unless the transaction is on video, or if the clerk can later identify the person who made the transaction by sight.
    The size of the store and the attitude of the owner will play a large role if the video evidence does exist.

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  • Will this be on my record?

    I am 20 currently residing in lubbock Texas I was issued a citation today for shoplifting under 50 dollars at Walmart I would like to know whether or not this will go on my record and what I can do to prevent it if it could be on my record

    Jim’s Answer

    A citation does not go on your record. It is only a document showing that you have been accused of something. You have the right to contest the accusation. Only after you have pled guilty to a court or found guilty after a trial will it be on your record.
    A theft is a serious conviction. It can affect your reputation and your ability to get many different jobs. You should get a lawyer to help you and try to protect your reputation and record. Even if you are guilty and the evidence proves it, you may be eligible for deferred adjudication or some type of pre-trial diversion that will still allow you to walk away with a clean record. With a class C, you may be able to get the whole thing expunged even if you do a deferred adjudication.
    Hire a competent defense lawyer and get help. Do not just go into court and plea "guilty." It can follow you for life.

    Good luck.

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  • Am I eligible for a 1244 a/b,

    Its my second poss.under a gram ..their offering 9 months but I feel like my atty isnt representing me to the fullest because he says I cannot get a 1244a and he will not really give me a reason why .but I have never had one before and I've heard...

    Jim’s Answer

    • Selected as best answer

    There is no legal reason why you would be ineligible for a 12.44 sentence. The prosecutor must be willing to offer it though. Since the 12.44 (a) or (b) punishment range is at the prosecutor's discretion, they are less likely to offer it to people with priors. If your case is in Tarrant county, the prosecutors there are pretty strict. Your lawyer may be doing everything they can.

    Your lawyer faces the uphill task of getting someone a lighter sentence for something than they got the first time they did it. 12.44(a) or (b) is a lighter sentence than 6 months STJ, so your prior sentence does make it difficult. It is not impossible, but you are in a tough situation.

    Talk to your lawyer about your concerns. If you aren't satisfied with their explanation then maybe consider a different lawyer who you can trust. It is your life.

    Good luck.

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  • If I'm cited for serving an intoxicated person am I available for an non-arrest bond?

    i'm currently on deferred adjudication for a felony that im on probation for right now, so what be the best course of action to move forward with

    Jim’s Answer

    There are a number of things that can happen to you. If you were only cited and not arrested, there is a chance nothing will happen right away. Although, you may be required to report the charge to your probation officer the next time you report. Talk to a lawyer familiar with your case before you say anything to anyone.
    If you were arrested, then there is more of a chance your situation is going to come up on someone's radar. Which judge you have, how far along you are on your deferred, and whether you have had any problems on the deferred in the past will dictate what will happen. You should immediately contact a lawyer familiar with your court and get some good advice before you do ANYTHING else.
    Whatever you do, do not take any plea or pay any fine on the TABC charge without getting legal advice about your probation situation first.

    Good luck.

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