Kelly W. Case's Answers

Can police make arrest off of just a witness saying he shot me ?

You have now become a suspect in a felony case. What do you do? Hire the best lawyer you can afford, and get ready to fight to the bitter end. There is no easy solution and the case will not just go away so you either prepare to defend yourself the smart way, or learn the hard way that an accusation alone is enough to convict. Good luck.

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How does an appeal work if found guilty for Misdemeanor DWI in texas?

The appeal process is lengthy. A notice of appeal must be filed within 30 days of the sentencing date. If applicable a Motion for New Trial should also be filed and a hearing requested. The first level of appeal is the the appellate court that is in your district. A transcript is requested and must be paid for in advance. Once the transcript is obtained the appellate lawyer will write a brief summarizing the issues and relevant case law for the appellate court to decide. The next level of...

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MY wife was recently charged with Intoxication Manslaughter. but they lost the B.A.C. report

"Losing" the blood test results is irrelevant, in my opinion. In Texas, you can be prosecuted for this offense three different ways. Only one of them includes a number that is over the limit of .08. So don't get too excited about the results getting misplaced. Also, what the prosecutor is telling you and what the truth is, may be completely different. Depending on the lab testing the blood, results can take up to 6 months to come back. Many times, I have had prosecutors tell me that they are...

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If you are stopped and accused of a DWI. Should you take the sobriety field test and breathlyzer test?

As a Board Certified Criminal Specialist in Texas, I tell all of my clients and friends, NEVER take any test. NEVER take any test. NEVER take any test. If the officer asks you to take the test to "make sure you're OK to drive", he has already decided you are going to jail. Don't give them any evidence to convict you. Provide the nice policeman with your driver's license and insurance and then let them know that you have complied with their requests and would like to be on your way. If they...

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DWI Trial - I would like to observe one, where or how can I find one???

Try your local county courthouse. Call the county court(s) coordinator for your local courthouse and ask them about their trial schedules and settings. County courts usually have certain weeks of the month designated as trial weeks and while it is not a certainty that there will actually be a trial, you have a better chance of being able to observe one during that time. The coordinator should be able to tell you how many trials are scheduled and the type of charge. Now a lot of times cases...

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Does it matter what the gap of dwi charges in Texas are or is your 4th one your 4th one no matter how long your last one was

There is no longer a "look-back" period in Texas. Any previous DWI a person has ever been convicted of may be used to enhance a current DWI charge, with some limitations. Your friend should hire the best DWI lawyer available and immediately. Waiting to hire an attorney is almost as bad as not hiring an attorney at all since valuable evidence may about to be destroyed. The police will not keep evidence of a person's innocence since they are only concerned with proving guilt. It is the job of the...

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Can an intoxication manslaughter charge be enhanced to murder if it's a defendant's 3rd DWI?

Yes. Hire the best DWI lawyer that handles these types of cases and is trained in blood evidence. This is not the type of case that you can afford to delay hiring a lawyer. Valuable evidence is being lost because the police do not preserve all evidence, they only preserve evidence of guilt. It is up to your defense lawyer to make sure that all evidence is preserved and to defend you. The sooner a great lawyer is hired, the better off you are and will be because there are many tactics that can...

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What do I do?

Keep a journal of the fact that you made the calls, including date, time and what action you took - left message, spoke with ____, etc. Go to jail and try to check in. Bring newspaper and have friend take your picture in front of jail with newspaper date obvious in photo. Get name of intake deputy that refuses to admit you. Have name of good lawyer in your phone, ready to speed dial, if they issue a warrant claiming you did not show up. Keep trying to talk to the probation officer. If all else...

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I was arrested for a warrant that I did not kow existed. Is this legal?

This happens all the time in Texas. A warrant can be issued at any time by magistrate, providing probable cause exists to believe that you have committed a crime. Lack of knowledge of the existence of the warrant does not vitiate its viability. You need to hire a good lawyer immediately.

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Can I sue my landlord if I get hurt in the gym of the apartments?

You should consult a lawyer. Of course they don't care. Why should they . . . unless you file a lawsuit against them. They will care then. You may have several causes of action depending on the facts and circumstances of your injury. If the equipment was improperly maintained, defectively designed or defectively manufactured you could have the ability to sue several entities at the same time, including the landlord, owner of the complex, manufacturer of the machine, designer of the machine,...

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