Joshua Zientek’s Answers

Joshua Zientek

Conroe DUI / DWI Attorney.

Contributor Level 11
  1. Just indited on 3rd or more dwi .they pulled blood because I refused all other test. No achool in my system weed meth Xanax heri

    Answered about 1 year ago.

    1. Michael Wayne Goolsby
    2. Joshua Zientek
    3. Macy Michelle Jaggers
    3 lawyer answers

    You need to speak with your lawyer about this. They can give you an honest, educated assessment. If you don't trust their assistance, you may consider getting a new lawyer. There are too many variables for any lawyer on the internet to give you an intelligent answer to your questions. Good luck.

    8 lawyers agreed with this answer

  2. Arrested 11/23 DWI, officer sworn statement and DIC forms say 10/23 can I beat this in court? I was working 10/23 at time listed

    Answered about 1 year ago.

    1. Macy Michelle Jaggers
    2. Peyton Zimmerman Peebles III
    3. Joshua Zientek
    4. Achmed Mirari Defreitas
    5. Christopher Daniel Leroi
    5 lawyer answers

    Mistakes such as these typically go to the officer's credibility. In other words, if he made this kind of mistake, what else was he wrong about? That is a question a judge or jury may have to answer but it is not something that will typically cause a case to be thrown out. Sometimes, nitpicking may have a detrimental effect to a case. Juries don't always like when a lawyer attacks something that they may consider minor. The jury may feel that there is no substantive defense so you have to make...

    6 lawyers agreed with this answer

  3. My 1st DWI was dismissed back in 09. I just got another DWI I blew a .081. (12-27-2013)Will I get jail time?

    Answered about 1 year ago.

    1. Phillip Wayne Goff
    2. Macy Michelle Jaggers
    3. John Joseph Eastland
    4. Thomas Crosby Stephenson
    5. Joshua Zientek
    6. ···
    8 lawyer answers

    Typically, prosecutors will consider all aspects of the case when considering a plea bargain offer. This includes, but is not limited to, your history, both criminal and otherwise, how you acted during the investigation and arrest (including any accidents, respect to the officer, etc.), and any thing you've done to mitigate what happened, for example, attending substance abuse meetings. As was mentioned previously, if you were to fight the case and lose, these are also all things that a judge...

    5 lawyers agreed with this answer

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  4. What can be done to shorten probation time?

    Answered about 1 year ago.

    1. Joshua Zientek
    2. Deepali Meenu Walters
    3. John Douglas Lloyd
    4. Achmed Mirari Defreitas
    4 lawyer answers

    If you were convicted and placed on probation for driving while intoxicated under Section 49.04 of the Texas Penal Code then the answer to your question is found in Texas Code of Criminal Procedure 42.12 Section 20 which can be found here: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.42.htm Section 20 specifically says that there can be no reduction in in probation time for a driving while intoxicated offense: (b) This section does not apply to a defendant convicted of an offense...

    5 lawyers agreed with this answer

  5. Can I be arrested if I am merely a witness to a crime?

    Answered about 1 year ago.

    1. Macy Michelle Jaggers
    2. Kent Wade Starr
    3. Joshua Zientek
    4. Lloyd Stefanus Van Oostenrijk
    5. Christopher David William Philley
    6. ···
    7 lawyer answers

    Witnesses to crimes are not typically arrested. One scenario in which a witness may be taken into custody is if they are properly subpoenaed and refuse to obey the subpoena. If that happens, a judge may issue a writ of attachment allowing police officers to bring you into court to comply with the subpoena and/or a possible contempt issue. Good luck.

    5 lawyers agreed with this answer

  6. Culpability in a tx retaliation charge requires intent and knowledge. If intoxicated or under duress, is it any kind of defense?

    Answered about 1 year ago.

    1. Paul Vincent Kendall
    2. Macy Michelle Jaggers
    3. Robert Jason De Groot
    4. Joshua Zientek
    5. Mark Dunkerley Griffith
    6. ···
    6 lawyer answers

    The Texas Penal Code may answer in your question. In Texas Penal Code 8.05 it says: Sec. 8.04. INTOXICATION. (a) Voluntary intoxication does not constitute a defense to the commission of crime. (b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried. (c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by...

    5 lawyers agreed with this answer

  7. What is the normal cost for a good DWI defense?

    Answered over 1 year ago.

    1. Joshua Zientek
    2. Macy Michelle Jaggers
    3. Evan Edward Pierce-Jones
    4. Jasen Bodie Nielsen
    4 lawyer answers

    An appropriate fee to represent someone for a DWI can vary enormously. Many factors must be considered when setting a fee. For example, criminal history, was there any testing done (Standardized Field Sobriety Test, Blood Test, Breath Test, etc.), any witness that need to be consulted, what other attorneys charge in your area, which court the case is in, will a trial be sought, and so on. It sounds as if you do not want a conviction to be on your record. That may or may not be possible as no...

    5 lawyers agreed with this answer

  8. How much time can a person get for a 3rd DWI?

    Answered over 2 years ago.

    1. Joshua Zientek
    2. Evan Edward Pierce-Jones
    3. Macy Michelle Jaggers
    3 lawyer answers

    A 3rd charge for DWI in Texas is a 3rd degree felony. See Texas Penal Code 49.09(b)(2) here: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm A 3rd degree felony has a punishment range of 2 years to 10 years in prison and up to a 10,000 dollar fine. You can find that information here in Texas Penal Code 12.34, here: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.12.htm If your husband has a lawyer, he should consult with him regarding how reasonable this offer is. As far...

    5 lawyers agreed with this answer

  9. Can I get a misdemeanor charge esponged from my record?

    Answered almost 2 years ago.

    1. Joshua Zientek
    2. Richard Timothy Jones
    3. David Daniel White
    3 lawyer answers

    It depends on the outcome. You indicate that you "did 6 months probation & community service." If it was a regular probation and not deferred adjudication, it cannot be non-disclosed or expunged as it is. If you did 6 months deferred adjudication probation, you may be eligible to petition the court for non-disclosure which would prevent law enforcement from releasing the records to certain people. If the case was not dismissed or you were acquitted, it likely cannot be expunged. However, more...

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  10. I have a theft charge under $50 dollars ($27) in Texas. Do they have a diversion program here? What is cost?

    Answered about 3 years ago.

    1. Joshua Zientek
    2. Matthew Ryan Montes
    3. David N. Smith
    4. Jorge Luis Rodriguez
    5 lawyer answers

    I would speak with a local lawyer. It sounds as if you may have some defenses to this case that could possibly lead to the case being dismissed, possibly if you take a class. Another option, as was mentioned above, is a deferred disposition. Speaking with a lawyer that is familiar with the court, judge, prosecutor, law, etc. can help you make the best decision in your case. I went to law school with a lawyer who handles this sort of case. Her name is Ellie Ruth. I believe you can contact her...

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