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Joanne Marie Musick-Long

Joanne Musick-Long’s Answers

17 total


  • Do I need to pay my "Civil Demand Notice" from Macy's requesting $395 dollars?

    I got caught shoplifting $300-$400 dollars worth of merchandise from Macy's. When I got caught, I returned all the stolen items and waited for a police officer to take me to a county jail. I was bailed out for $500 and am to go to cour...

    Joanne’s Answer

    No, you should not pay this. Consult with a criminal defense lawyer. Usually, these are unenforceable attempts to collect from you by lawyers who are not even authorized to practice law in Texas.

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  • Sealing my record for better work opportunities...

    I moved to Washington State and have had a hard time communicating with my lawyer, its been almost 1 year since I initially asked about sealing my record. I have a theft from 2013 that I would like to seal. And possibly another from 2002 or 2003 a...

    Joanne’s Answer

    It depends. Depending what type of "sealing" you are referring to and which court it is in. Some judges require your attendance; others do not. Your attorney will be able to tell you the specifics. Hire a reputable attorney and get it taken care of. Records remain forever unless you can seal or expunge them.

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  • I need a DWI attorney!

    The attorney that I previously had was never showing up for coyrt and when he did he would always reset! And would call me in between resets and add more fees after he was paid for his services! He never let me know what was going on with my cas...

    Joanne’s Answer

    First, hire a reputable attorney who provides you with a contract for services. You will know exactly what you will pay and no more. Almost all attorneys handling DWI cases use a flat fee rate. Meaning your total fee is knob up front - and is usually paid up front. Then you don't have to worry about then stalling your case to simply collect more fees.
    Second, make sure your attorney knows how to handle DWI cases. You want an attorney who is competent to take these cases to trial.
    Lastly, if your attorney withdrew, go meet with several qualified attorneys and hire one. Make sure you get a timeline of what to expect and a signed contract where there will be no surprises when it comes to fees.

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  • How does the new "1st chance Intervention Program" help first time offenders that picked up their first offense after May 2007?

    In May 2007 Section 1. Article 14.06 code of criminal procedure was amended. Fast Forward to this years election (11-2014) Current ADA and runner up are trying to fool the public by proposing that their "new" stance on this already ammended issue...

    Joanne’s Answer

    Yes the law changed years ago to allow (but not mandate) police to issue a citation instead of arresting for possession of marijuana under 2 ounces; however, local police and prosecutors in Harris County have not previously utilized this optional statute. It's now become a political issue for the current election. Each candidate is proposing a slightly different program. Anderson is advocating an arrest that is not followed by court. Ogg is advocating a citation. Each is looking for this to be removed from someone's record if successful. But each has different qualifications to utilize the program. For example Anderson requires no prior criminal history of any kind to he eligible.

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  • I regrettably have a colored past. It 's been over 10 years. Is there any possibilty of being granted an Non-Disclosure status?

    There was a Burglary of a habitation charge in the 80's , a string of DWI's from the 80's through 2001. I am very ashamed and cant change the past. I am only trying to raise my 14 year old daughter and move forward with my life. Is there any Pardo...

    Joanne’s Answer

    Non-disclosure is only available for cases that resulted in deferred adjudication. Deferred is not a possibility in a DWI case, so most certainly you will not be able to non-disclose those. If you received deferred adjudication probation for the burglary, then perhaps you can have that charge made non-public through non-disclosure.

    While Texas offers the ability to seek a pardon, having one granted is a very rare occurrence. It is a costly and time consuming effort that rarely succeeds.

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  • What is the maximum sentence for 3rd offense for FV violence in Texas

    My sister is in jail for two seperate family violence charges that occurred earlier this year. Her charges are AGG ASSAULT CAUSING BODILY INJURY & ASSAULT CAUSES BODILY INJURY FV. She has already been indicted on these charges and is set to enter ...

    Joanne’s Answer

    For a third degree felony, the punishment range is 2-10 years. Almost all offenses in Texas are subject to deferred adjudication. It does not matter that she is a repeat offender or not. Deferred adjudication is just a form of probation which is available to most defendants.

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  • How do I or when will I find out if my boyfriend's time will be calculated 2/1?

    I spoke to a court official in Harris County, she stated that 2 for 1 is provided depending on behavior. At this time, his end date is showing the full sentence. He is in serving harris county time due to a probation violation. His original c...

    Joanne’s Answer

    Harris County grants 2 for 1 credit to all inmates serving county time. But, if he was on probation for a drug case, less than a gram, this would likely be a state jail felony case. State jail felonies are not usually punished (in a probation revocation) with county time. If he is doing state jail time, that is generally day for day. Only county time is 2 for 1. Just because he is currently in the county jail, does not mean that he is serving county time. You would have to look at his judgement and sentence to see whether he is serving county time or state jail time.

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  • Shock probation in texas?

    my husband got sentenced to 5years TDC on a MTR and burglary and habitation charges.its his first time ever in jail.will he likely get granted a shock probation?

    Joanne’s Answer

    First, your husband will need to file a petition seeking shock probation. While shock probation is not granted very often, it may be worth at least petitioning the court. The court retains jurisdiction (has the ability to hear a petition for shock) for 180 days from the date of sentencing to consider such a petition. The judge must act on and grant the order before the 180 days expire. The judge may deny the petition without even holding a hearing, but in order to grant the petition, the court is required to first have a hearing. You will want to make the request for a hearing with enough time before the 180 days expires to have your husband brought back to court from TCD. But, given the fact that you state your husband was on a MTR (motion to revoke probation), it would be rare that a judge would revoke probation but then allow him back on probation via the shock probation option. You should consult with an attorney in your jurisdiction to assess whether or not the judge in his case would likely consider shock probation.

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  • Options on an arrest for Possesion of Marijuana w/ Motion to revoke probation

    in 2003 i was convicted of pos of marijuana under 4oz class A mis. put on 1yr probation supervised by another county. 3 months in I called my primary PO and told him I cant complete and issue MRP. the MRP warrent was issued and i had an outstandin...

    Joanne’s Answer

    Since your county of offense is Caldwell, you should be in the Caldwell County Court for this. Your best option is having a lawyer review your case. Your lawyer will be able to look at things like alleged violations and due diligence. Depending upon the allegation alleged in your MRP (motion to revoke probation), you may or may not have a defense of due diligence. Due diligence is a legal concept wherein the state must prove they attempted to apprehend you on the warrant while the warrant has been pending. In some cases, they may not simply sit back and wait for you to be arrested. They must prove they actively looked for you. But, this depends upon the allegations. Because you are past your original probation period, the state will be unable to amend the pleading if it is defective or states the wrong allegation. These are technical problems which your lawyer should be looking at. Assuming there is a technicality, if raised properly, your MRP should be dismissed. If not, then you will be looking at two options: revocation or not. The judge may choose to revoke your probation or leave you on probation. If you are now in a position to complete your probation, you may be able to convince the judge to keep you on probation. If not, your revocation will result in incarceration, a fine, or both.

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  • Annulment

    I married a man 24 years ago. we never consumated the marriage, he used alisas names, parents found out he was married, parents were going to take care of annulment, I can not find anything, and my parents are dead now. I re-married twice, I ...

    Joanne’s Answer

    Were you married in Texas? Texas provides for annulment but only in certain instances. Grounds for an annulment in Texas include: marriage of a person under 14 years of age without a court order giving permission, marriage of a person 14 year of age or older but under 18 years of age without parental consent or a court order (but also must file for annulment prior to the underage person becoming 18), marriage under the influence of alcohol or narcotics, permanent impotency at the time of marriage, marriage by fraud duress or force, mental incapacity, marriage during a concealed divorce, or a void marriage (marriage of certain relatives, marriage while married to someone else). Generally, you must first have grounds - Texas does not simply adopt the "we did not consumate the marriage" rule, but instead, you must meet one of the statutory reasons for annulment. It is possible that it was taken care of - what makes you think it wasn't? And, of course, you can represent yourself, though it is not advised. But Texas allows anyone to represent themselves.

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