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Katherine Ellen Shipman
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Katherine Shipman’s Answers

236 total


  • Do I have to slow down in a school zone even though there are not students in school?

    It is summer and school is out but the school zone sign's lights still flash during the prescribed school zone hours. There are very rarely cars in the school parking lot so I doubt kids are attending summer school there. I was wondering if I am s...

    Katherine’s Answer

    YES! Officers can write a school zone ticket even if school is not in session. Even worse, deferred adjudication is not available for school zone tickets or construction zone tickets. Although it is maddeningly frustrating, you should go the speed limit through school zones especially.

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  • Got pulled over by police officer from another town

    So I got pulled over by a police officer from another town (colleyville) in the town of hurst. He gave two traffic citations, how is that possible, is this cop overstepping his authority? why do I have to answer to the court of colleyville and no...

    Katherine’s Answer

    I can understand your frustration - it seems a bit over the top for an officer to pull you over on traffic outside of his jurisdiction. I agree that the jurisdiction does matter - the municipal court only has the authority to fine people for offenses committed inside the city limits, or within it's extraterritorial jurisdiction, or ETJ. And that might be where they get you - you could have been outside of Colleyville, but still within the ETJ. This is a common issue in suburban areas. I would recommend that you hire a competent criminal defense lawyer who regularly practices in the municipal court in which your ticket it pending. The charge must be filed in the proper court.

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  • I had a PA licence and moved to SC. before getting the SC licence I got a seat belt ticket. in June I received my SC licence.

    Pa licence was surrendered at the time of getting my SC licence. 4 months later Pa suspended my licence. I live now in texas and can't a Tx licence due to Pa, nor can I start my new job with requires me to have a tx licence. Is Pa. wrong for susp...

    Katherine’s Answer

    The states have an agreement to honor each state's driver's license suspensions. You haven't given enough facts to accurately answer whether PA was correct in suspending your driver's license. If you cannot wait the 20 suspension out, then you should consider applying for an occupational driver's license (ODL). An ODL requires that you file a particular type of lawsuit that, if granted, will give you permission to operate a vehicle in Texas under certain conditions and in certain circumstances. The costs of an ODL can range from $250+ depending on the circumstances of your PA suspension, the court costs, and attorneys fees. Where the ODL is filed depends upon the reason for the suspension in PA.

    Please be advised that, in Texas, driving with a suspended license can be a Class C misdemeanor or higher, and the range of punishment can include jail time. Be careful out there!

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  • If i have aggravated assault with a deadly weapon and was dismissed can i buy a gun

    My brother got this charge 14 years ago and was trying to see if he would be able to buy a weapon

    Katherine’s Answer

    I agree with Cynthia Henley - you should hire a lawyer and get the arrest expunged from your criminal history. You are only prohibited from buying a firearm if you have a felony CONVICTION. So, as long as this was your only previous arrest, and the charge was dismissed outright (rather than as part of a plea bargain to another offense that might prohibit gun ownership), then you should be eligible to purchase a firearm. If you are concerned about attempting to purchase one, I would recommend that you consult with an attorney on an hourly basis before going to purchase. Many criminal defense attorneys will, for an hourly fee, review your history and give you an opinion.

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  • Do I have 10 days from the date my citation payment is late before any warrant is issued?

    Had a warrant because of traffic violations from 2006..I was incarcerated that year and released this year. I was placed on a pymnt plan, and was in compliance, but my pay schedule changed at my job. This caused my pymnt to be 10 days late. I've h...

    Katherine’s Answer

    It is up to the Court whether to issue a warrant, and every court has different policies. Often, a court with withdraw the capias when the payment is made. There is no law in Texas allowing you a ten day grace period on a payment plan before a warrant issues. A payment plan is an agreement between you and the Court, and is governed by the terms of the agreement.

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  • Do I need a Parole Attorney?

    My friend was on probation in Collin (DWI 3RD OR MORE) and Denton County (POSS CS PG 1 <1G). Collin County revoked the probation and he was sentenced to 2 years in TDCJ. Denton County also revoked the probation and after he accepted the TDCJ sente...

    Katherine’s Answer

    • Selected as best answer

    You might. You should also consider hiring a competent defense attorney to handle the case in Denton County. Your friend might have a due diligence defense against the Denton County warrant. At a minimum, you want to make sure that your friend gets credit for all of his back time on the Denton County case. If the Court revokes him on the Denton case, then it is possible for him to have to go back to TDCJ. However, it is also possible for him to parole on the Denton case out of the Denton County jail, especially if the sentences run concurrent. Your friend NEEDS A LAWYER on the Denton case, especially to make sure he gets all of his backtime at the time he is sentenced on the Denton case. If it is not written on the judgment, he won't get credit for it.

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  • I have a warrant for traffic tickets and I have to be in eviction court, will I get arrested?

    Eviction Court

    Katherine’s Answer

    It is impossible to say for certain, but probably so. It is common for bailiffs to run criminal histories on all named defendants or plaintiffs on the docket. You can always call the court and see what you can do to get the warrant lifted before the docket.

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  • Is macys entitled to keep clothing even after they charge a civil lawsuit and i paid the amount due to theft

    when got caught, i was taken to a room in macys, they told me to pay for the clothing saying that macys will be a lawsuit against me they came out with a 600 or more amount that day i paid them 500.and if i paid maybe they will not call the cops, ...

    Katherine’s Answer

    There is a specific statute in Texas that allows retailers to collect "damages" from shoplifters. However, in order to collect those damages without your agreement to pay them, they have to sue you and collect (and perfect) a judgment. Many people pay these damages hoping that Macy's will not pursue criminal charges. They usually pursue charges anyway. Unfortunately, law enforcement is not bound by Macy's promise not to press charges.

    Theft is a crime of moral turpitude and has serious consequences that go beyond your criminal history. It is critical that you seek the advice of competent and experienced criminal defense attorney.

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  • A probation violation resulted in judgment of 4 month SAFP program. However currently in county jail waiting for transfer.

    3 weeks in jail waiting for transfer to program. Why is this te not applied, why is he being held. What is our legal recourse if any.

    Katherine’s Answer

    A 3-week wait is not unusual before an inmate "catches the chain" to SAFP. Although there could be a number of reasons why he has not been transferred to SAFP, it is likely because they do not have any beds available. You must remember that beds can open up (or be occupied) at any time. So, when your loved one got SAFP, there could have been a bed available, but by the time his paperwork was processed, it could have been filled. The Court can modify a probationer's terms and conditions of probation at any time during the probation period, and there is little that a probationer can do unless the condition ordered by the court meets very limited criteria.

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  • If parole board having contact the person in tdcj when got set off

    My husband Ben in tdcj since febuary and got set off if he didn't have nobody on the outside like myself to call the parole board he wouldn't know but he want to know do the parole board post to sent him something to let him know he got set off he...

    Katherine’s Answer

    Your post does not state a question to be answered. There are attorneys who specialize in parole-related issues. You might search for a parole or "post-conviction" attorney in your area or in the area in which your husband is currently being housed by TDC.

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