Mark Ryan Thiessen's Answers

Can dwi (1st) after conviction be transferred to another county and be able to enter the "new" county's divert program?

Unfortunately not. The DIVERT program is very specific for Harris County. In order to qualify for it you have to take a SALCE interview and then they provide you a specific program. It's essentially like deferred adjudication, but by another name. You got regular probation in Bexar and you can't swithc that into DIVERT in Harris, because Bexar has no equivalent. You can transfer your probation to Harris, but it will still be the same deal that you signed up for in Bexar. Sorry for the bad...

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Will I go to jail if I was arrested with a pi while on probation for a dwi?

It depends. What county did you get the DWI probation in? And what county was the PI in? While you are on probation for the DWI, depending on what county and the specific terms of your probation, you may have a requirement that you must report any additional offenses that you get arrested for while on porbation. Also, you may have a requirement that you can't refuse the breath test while on porbation. So did they offer you a breath test and you refused it for the PI? That may be a...

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What happens if you have interlock violation while under probation, I have technically not started my probation, the violations

Hopefully you have a good Interlock company. Why did you blow hot? There are plenty of innocent materisl, liquids, fumes, and foods that will set off that machine. You need to hire an experienced DWI attorney who knows the science of breath and how that machine works. you can find me at www.dwimark.com

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I reviewed my background from TDPS and my theft was not on there- it was a theft by $50 -

Were you a minor at the time of arrest? What was the final disposition of your case? Did you pay an attorney to have it expunged or sealed? Also, many times it depends on which background search a company is conducting. How did you review your background from TDPS? Have you tried searhcing on publicdata.com? It seems to be a favorite search engine among companies. However, there are countless databases that may have your record and the only way to truly ensure they will not expose your...

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Is price right for deferred disposition of speeding ticket?

Unfortunately, yes. I am not only an attorney, but I also got a high speeding ticket in Gonzales County. I too couldn't take the driving safety course. The best option is taking the deferred, I did. The County gets to charge you a high price because the speed is so egregious. However, as long as you pay it and she doesn't get a conviction is the time of deferred, this will stay off her driving record. And that's the name of the game, keeping your driving record clear. (for insurance sake)...

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If I was granted for a petition for non-disclosure will it show up when digital fingerprinted for SBEC in Texas?

If you completed deferred successfully, and you got your Petition for Non-Disclosure granted and signed by the judge, then all the documentation surrounding this arrest should be SEALED. This is different from an expunction. Where an expunction would legally allow you to deny ever being arrested. The sealing of your records is targeted at not allowing private agencies to see your record. However, what private agencies depends on who has access to this information. Your lawyer, hopefully,...

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What specific drugs are tested for in a blood sample drawn in a DWI case?

Short answer, they can test for whatever they want, but they will surely be testing for alcohol. The 0.04 you blew in the field was on a Portable Breath Tester (PBT) and the result is inadmissible in court, if we want it to be inadmissible. The breath test you took at the station was on an Intoxilyzer 5000EN. This is the breath test that the State of Texas has deemed scientifically reliable and it's up to the State to satisfy the Kelly prongs and get it admitted. However, what concerns me...

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I was arrested for DUI and no one was hurt at the scene and that was over 4 years ago. I paid for everything. Can I own a gun?

It seems that you have a conviction for a Class B Misdemeanor Driving While Intoxicated on your record. Please check and make sure with the local County Clerk. If so, then this does not prevent you from OWNING a handgun. However, it does prevent you from obtaining a Concealed Handgun License because the conviction is still within the last 5 years. After 5 years is up, you may apply for your CHL if you also are ellgible under the factors listed below. There are other factors or laws...

Can a misdemeanor be deferred?

It depends. What is the misdemeanor? A person charged with DWI cannot legally be offered or take a deferred adjudication probation per the statute. That being said, many counties will alter or reduce the offense to Reckless Driving, Obstruction of a Highway, or Deadly Conduct and offer a deferred adjudication. As for all the other offenses, there is a good chance you can get a deferred adjudication offer. Depends on the County, Court, Prosecutor, Defense Attorney, and client's record....

What will the outcome be of this criminal mischief charge?

The good news is: even if you did it, the DA will probably offer you deferred adjudication probation, which is elligible to be sealed if you successfully complete it. Other than that, there is no way to tell you the outcome of your case. It depends on a million factors: defense counsel, the DA, the judge, the evidence they have agaisnt you, the quality of their witnesses, whether there is an actual video, etc. That's why you need to hire a skilled trial lawyer and not just a plea lawyer....