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Andrew Johnston Williams's Answers
- 75 Legal Answers
- 1 Legal Guide
4
Attorney answers:
Can a private citizen( like my self ) represents another citizen (like my son ) in a County Court in Bexar County ?
No person can represent any other person in court without a license to practice law. This is illegal in Texas. Not only is it illegal, it is a sure way to get your son convicted of an offense. You should contact a DWI attorney in your area for representation. Most criminal defense attorneys do not charge for a consultation. It is well worth the time to consult an attorney to see just how complicated a DWI defense can be for the inexperienced lawyer not to mention a non-lawyer. Make sure you...
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3
Attorney answers:
If a P.O submit a probation violation to the courts will your probation automatically be revoked?
Whether his probation will be revoked depends on the seriousness of the violation(s), the type of case for which he is on probation and the judge's attitude towards the type of violations in the revocation motion. People in Texas on probation are alwys entitled to have a hearing on whether the probation is violated. It is a hearing before the judge of the court in which the case is pending and the state must prove the violations by a preponderance of the evidence. In other words the state has...
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1
Attorney answers:
Is there any advice you might have for a fed inmate who is considering making a request for transfer to a prison nearer to home?
The BOP will look at many factors before considering a transfer. The main factor is the type of offense for which a person is convicted. If it is a violent felony then there is little hope of making a change. If however it is a non-violent felony such as a relatively minor drug offense then a transfer may be possible. Letters from family, church groups in your community, friends etc. may help. Also the BOP will look at your prison record for any violations or misconduct while in prison....
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2
Attorney answers:
Deferred adjudication for a class c misdemeanor charge
It is very unlikely you will have to do any reporting for a deferred on a class C misdemeanor. However, if you are under 21 years old and it is a drug paraphenalia or alchol charge you maybe be required to do some community service about 16 hours and participate in a drug or alcohol education class. You will not have to pay probation fees. But there is usually court costs and oher fees that must be paid to the court but it will usually be under $150.00 depending on the court.
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2
Attorney answers:
When a written your lawyer request from the DA written plea offer does the DA have to respond?If so how does it get in the reord
The DA most likely will respond in some manner, but it may not be what you are looking for. To make it part of the record it can be in written form and filed with the papers of the court or the offer can be made in open court before the judge and a court reporter can record the offer for later use if needed. As a general rule most DA's will write down the offer in some fashion. This was if, in the event that later on the DA moves on to another court or cannot be contacted, the offer will be...
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2
Attorney answers:
Husband was on probation for poss of cont sub, caught another charge for theft of 1500. how much time will he get
It depends on what level of crime for which he was on probation. Whether it was a state jail felony, third degree felony or higher. You should look at the judgement if he is on regular probation to see what the original sentence was when it was probated. Also if he was on deferred he is subject to the full range of punishment for that crime. Moreover, he is now charged with a new state jail felony. The court will likely revoke the prpbation and also sentence him on the new charge and possibly...
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3
Attorney answers:
If the Grand Jury decided the case was a "no bill"can we get the DA,or a lawyer to submit a Grand Jury Packet? We live far away-
No need to worry a "NO BILL" means the grand jury turned the case down and did not find probable cause for the case to go forward. In other words the case is dismissed. You need do nothing at this time. The DA may gather more evidence and take the case back to the grand jury but this is not likely
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2
Attorney answers:
What should my daughter do about accepting a plea bargain for something she did not do.
There is always a risk of going to trial on a case. One never knows what verdict a jury will give in any given case. Whether she goes to trial is her decision alone. However, she should have enough trust in her attorney that he will give her good legal advice. He may see the case differently as he is not emotionally involved and may give a more objective opinion of how the case will play out. Having said all this, she probably should mot plead to something she did not do. You may want to advise...
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2
Attorney answers:
I received deferred adjudication for driving with a suspended drivers license is it still a class b misdemeanor.
If you received deferred for the license suspension, law enforcement will know about it regardless of the time involved. Are you sure is was for license suspension or license invalid? There is a difference. I do not know what you are referring to regarding the ten year wait. Law enforcement jobs will be able to find out about the case unless in is expunged from your record. But you cannot get this type of case expunged. A deferred for a DWLI may not prevent you from going into law enforcement....
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3
Attorney answers:
My girlfriend received a traffic violation for not presenting her insurance card when she was driving my car..can we contest?
Yes you can contest the ticket as with any accusation. Most courts will dismiss the ticket if you can prove that you had insurance in affect on the date of the violation. Some courts may charge a dismissal fee of about $20.00. If you go to court without a lawyer you may have some difficulty. But it should get dismissed. If you want to be safe, pay a lawyer and the case likely be dismissed without any further charge to you.
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