Jim Mitchell Medley’s Answers

Jim Mitchell Medley

Houston Criminal Defense Attorney.

Contributor Level 15
  1. Should my 13 year old son be interviewed by police regarding allegations without an Attorney?

    Answered almost 2 years ago.

    1. Jim Mitchell Medley
    2. George E. Carroll
    3. Evan Edward Pierce-Jones
    4. Bart Charles Craytor
    5. Bobby Dale Barina
    6. ···
    6 lawyer answers

    Do not allow any interview with your son without a lawyer first consulting with him and to be present at the interview. There are no exceptions to this. Call a very good lawyer first thing tomorrow.

    6 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. Can I clear this theft under 50 from my record?

    Answered almost 2 years ago.

    1. Jim Mitchell Medley
    2. Alan Robert Wheeler
    3. Macy Michelle Jaggers
    3 lawyer answers

    You can apply for complete expungement of a successfully completed class C deferred. Congratulations! Good luck with the expungement.

    7 lawyers agreed with this answer

  3. Will a class c misdemeanor deferred disposition as juvenile show up on background check?

    Answered almost 2 years ago.

    1. Jim Mitchell Medley
    2. Macy Michelle Jaggers
    3. Stephen A. Gustitis
    3 lawyer answers

    If you did successfully complete a class C deferred, it was dismissed at the end of the probation. If that is the case, you are eligible to try to have the entire case expunged from your record. Once that is done, there should be no traces of the event on your record, and you are entitled to then deny that it ever happend. You will need a lawyer to help you with this. Do it immediately.

    7 lawyers agreed with this answer

  4. Was arrested on dwi charge, the blood results show no alcohol but showed controlled substance. Can they still charge me with dwi

    Answered almost 2 years ago.

    1. Shane Peter Phelps
    2. Jim Mitchell Medley
    3. Macy Michelle Jaggers
    4. Douglas Lowell Wilder
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    The police and therefore the prosecutors rely on invalid, unreliable science when trying to prove cases of drug or medication based DWI charges. The police at best asked you many questions, checked your eyes, your temperature, blood pressure, pulse rate, etc. and had a cop who went to some seminar will try to give an opinion about you being under the influence of some drug. These cases require a very technical approach to defend. Contact a lawyer who practices DWI defense. These cases are...

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  5. DWI 1ST OFFENDER BAC .08 / Resisting Arrest

    Answered about 2 years ago.

    1. Jim Mitchell Medley
    2. W. Troy McKinney
    3. Myron Gabriel Davis
    4. Kelly Denise Benavides
    4 lawyer answers

    Your first decision not to throw away all your rights was an excellent and admirable choice. You needed legal counsel and you didn't want to play their game without knowing the rules. Unfortunately, the rules do allow officers to apply for a search warrant without allowing you counsel at that time. As long as the warrant was properly requested with probable cause that you had committed DWI, the taking of the blood may be legal. There are many other procedural issues that can present...

    6 lawyers agreed with this answer

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  6. If an indictment is from nov 2010 until jan 2012 is it legal to use information from 2009 as evidence

    Answered almost 2 years ago.

    1. Jim Mitchell Medley
    2. Joshua Sachs
    3. Aaron Lukoff
    3 lawyer answers

    All evidence that tends to show a fact is more or less probable than without it is relevant. Whether relevant evidence is inadmissible for some other reason is situation specific. Grand juries can consider almost anything in deciding whether to indict someone. At least in Texas, rules of evidence do not apply in grand jury investigations.

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  7. Can a felony dwi be pardoned or removed?

    Answered almost 2 years ago.

    1. Jim Mitchell Medley
    2. Macy Michelle Jaggers
    3. Charles K. Kenyon Jr.
    4. Shane Peter Phelps
    4 lawyer answers

    A pardon is legally possible. it just is not likely enough for you to put any realistic hope into it. pardons are rarely granted, and when they are, it is often for political reasons. I wish there were a way for all people to get a second chance to restore their good name. The system is just not designed with compassion in mind. Congratulations on beating alcohol. I hope you can continue your victory and continue to move forward.

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  8. If you're arrested for DWI & if a judge does not sign the warrant for a blood draw, what does that mean

    Answered almost 2 years ago.

    1. Jim Mitchell Medley
    2. Stephen A. Gustitis
    3. Tracy Mcneill Pullan
    4. Bart Charles Craytor
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    You used two terms by which blood could be drawn. A warrant is not needed for a "mandatory" blood draw. If you are charged with a felony or if someone went to the hospital as a result of an accident, they don't even need a warrant. Please clarify.

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  9. I have a question if a person is innocent and really haven't commited a crime and they have no proof can they convicted ?

    Answered almost 2 years ago.

    1. Jim Mitchell Medley
    2. Stephen Neil Foster
    3. Evan Edward Pierce-Jones
    4. Frank Mascagni III
    5. Bryan Andrew Lober
    5 lawyer answers

    I'm sorry you are experiencing this. These situations are very difficult to deal with from every side. The word of a witness is evidence. If a witness says something happened, and if the are believable, that is all it takes to convict someone of a crime. I know it puts a lot of power in someone's words. I am sure though if your son told you someone did something horrible to him, and there was no proof of it but his story, you would want something done about it anyway. I hope that if...

    6 lawyers agreed with this answer

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  10. They gave me 1 year o dwi probation is there any way they can reduce the time?

    Answered almost 2 years ago.

    1. Jim Mitchell Medley
    2. Macy Michelle Jaggers
    3. Charles Elwood Soechting Jr.
    3 lawyer answers

    Sorry. Congratulations on getting your requirements knocked out, but Texas law forbids early termination of a probated sentence in a DWI case. You can perhaps ask the judge to minimize your requirements, allow mail-in reporting, or remove any ignition interlock that may have been required.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful