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Mark Ryan Thiessen

Mark Thiessen’s Answers

14 total

  • First time speeding-should i fight it?

    I received a ticket today, first ticket ever for speeding 78 in a 65. I told the cop I thought it was in a 70! Anyway, he gave me the ticket. Last year, Feb 2009, I was arrested for failure to ID but then got it brought down to failure to stop...

    Mark’s Answer

    Absolutely you should fight it! Set it for jury trial. If the officer doesn't show they will most likely dismiss it. If he does show, most county attorneys will still offer you a deferred adjudication on the day of trial. Take the deferred if he shows up.

    If you get a "no conviction" deferred then that means you just can't get a conviction during that period of deferred. So... if you got a ticket during that deferred period, just set that next case for trial and get out past your period of deferred.

    If you get a regular deferred, then just drive carefully for that period and don't get stopped.

    Ask these questions to the county attorney regarding what type of deferred they are offering.

    Always fight every case!

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  • Where does defendant sit at the defense table and is it possible for the defendant to swap seating wih counsel

    where does defendant sit at the defense table and is it possible for the defendant to swap seating wih counsel

    Mark’s Answer

    Depends on the county and the court. Each party typically wants to sit closer to the jury. In Montgomery County, the DA and defense attorney have an understanding that on trial day, who ever gets to the table first, is allowed to sit there. The doors open at 7am to both parties.

    However, in Houston, the DAs ALWAYS have their desk and computers permanently plugged in at the table closest to the jury. Most Courts won't entertain the arguments of who sits where. There is no law that says one party is allowed to sit at a certain table. But it's just basically understood that the DA has that table, since all of their machinery is hooked up there every day.

    If you have a choice, sit at the table closest to the jury and put your client in the seat next to the jury (unless this is a violent offense). It subconsiously shows the jury that your client is not some criminal to be feared and he is right there behaving, listening and interacting with you. It helps personalize your client. If it is a violent offender, best not to push it and put him that close. (just my thoughts)

    I like the table next to the jury. They can hear you whispering to the client about strategy or falsities in the evidence. But just remember the jury can hear you.

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  • Is price right for deferred disposition of speeding ticket?

    My daughter rec'd a ticket for allegedly going 96(really?) in a 70 zone in Gonzales County, Tx. When I called she can''t do driving safety because of course the ticket is 25 miles over speed limit(coincidence?). The deferred disposition they told ...

    Mark’s Answer

    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) Believe me, it's a lot cheaper than going to trial and alot cheaper than the insurance rate if she gets it on her records. And, you can get the deferred without paying for an attorney, right? That saves you more money.

    I would say slow down, but it's just too hard when you're that close to Buc-ee's!

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  • My friend is on probation for a first dwi in texas, last week he broke his probation, what will happen next?

    he had some drinks, and about 6 hours later, he blew the ignition device in his car which reading was "void". today he was told by his probation official to get ready to go to jail for 6 months. what can he do to avoid going to jail? does the pena...

    Mark’s Answer

    First, the maximum punishment your friend could face is 6 months in jail. Typically, courts will not assess the maximum punishment. The Court will most likely extend the length of his probation and may want a couple days of jail as a condition. It is very rare that your friend will have his probation revoked and serve the maximum sentence.

    Second, did your friend admit to consuming these drinks to the probation officer? The probation officer IS NOT your friend. Let the probation officer claim that the Interlock registered alcohol. Tel your friend to remain silent. Let is look at the Interlock result. Your friend should exercise his Fifth Amendment right to remain silent.

    Third, tell your friend he is technically not allowed to be drinking. If he is, then the only way they will be abel to tell is through random urinalysis, he admits it, or the Interlock machine. We can fight the tests. His admission will sink him on a probation violation. Use that right to remain silent!

    Depending on the Court and what terms he as already complied with or failed to comply with, that Court will then determine what to do on his motion to revoke.

    Hire an attorney and fight it harder than you fought the case. Jail time is at your doorstep. you can't afford not to fight.

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