James Gary Sullivan’s Answers

Texas law does not allow for deferred prosecution (i.e. pretrial diversion) or deferred adjudication for DWI cases, although it can be offered on an obstruction of highway misdemeanor. Harris county currently has a Divert program for 1st time DWI offenders, however that program will probably be eliminated in January if/when Mike Anderson becomes the new DA. You should hire a good DWI lawyer in Austin to discuss your options.

If your father is being served with a subpoena to appear as a witness in a trial, the State will need to have him under subpoena and if he then does not appear in court, the State could request an "attachment" (similar to a warrant) to bring him to court. If he is a material witness and is not under subpoena by the date of trial, the State on the trial date will have to show they exercised due diligence to serve him before they can get a continuance of the trial. If a subpoena has been issued...

Yes, you absolutely need to hire a good defense attorney. Possession of Child Pornography is a very serious felony offense and carries a lifetime sex offender registration. The fact that your son reported the image himself suggests that he did not request the photo or intend to receive it. A computer expert may be able to verify that the image was on the computer a brief time and when it was accessed last. A good defense attorney may be able to get the case (if filed) no billed (dismissed) by...

Can the same jury punish someone of Perjury allegedly committed in front of them? The same jury that presided over one criminal trial involving the defendant cannot then convict him of alleged conduct (perjury) that occurred during the trial, however if he is convicted in the trial the jury may factor in his perceived lying to them in the punishment stage (i.e. he may get more time than he would have otherwise).

If you have no prior criminal history, you may be able to get your case reduced to a misdemeanor (albeit this result may require taking the case to trial). You definitely should hire a good criminal defense attorney to discuss your case. Your cases definitely involved several important issues that a good attorney can address with you.

An actual jail sentence carries between 1 day to 365 days in jail, however if this is your first time in trouble, you should talk to a criminal defense attorney about trying to arrange a pretrial diversion, so that--if successfully completed--you may be able to eventually get your record expunged.

Yes, unfortunately, you have to ask Oklahoma lawyers. It would border on malpractice for Texan lawyers to opine on Oklahoma law, although I appreciate that you are wise enough to know that Texan criminal lawyers are better. Rather than asking on Avvo for legal advice, why don't you just call a few Okie criminal lawyers up and talk to them. I am sure that many, if not most, will offer you a free consultation over the phone.

No, you cannot get it expunged, however in 5 years (Feb. 2017), as long as you stay out of trouble, you can file a petition to get your record non-disclosed (sealed) to the public, however law enforcement and licensing agencies of government will still have access. Also, the proper term is deferred adjudication.

You may want to discuss it with his probation officer. As long as you have not been drinking prior to using the breath interlock device, it may be okay. You just don't want to be drinking and then caused the device to fail because it could come back to affect your boyfriend.

There has to be more to your story than that. Your attorney cannot just move his case from juvenile court to adult court on his own. The State would have to seek a Waiver of Jurisdiction. Your son would receive a copy of the pleadings. The judge would have to give Magistrate's Warnings and then set the case for a Certification Hearing. At that hearing, the State puts on evidence and ultimately the judge must decide whether the seriousness of the crime, your child's prior history, interests...