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Kelly W. Case

Kelly Case’s Answers

530 total


  • PA attorney with a California DUI question

    Hello, I am an attorney in PA and I have a client who was convicted of a DUI about 30 years ago in California. He said he only paid a fine and did not go to jail. Do any California attorneys know if DUI was a misdemeanor 30 years ago or a just tr...

    Kelly’s Answer

    Your best bet is to go the NCDD website and locate a Claifornia DWI expert and ask them your question directly. That way, you can be sure that you are getting the correct answer as California definitely has some interesting laws.

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  • My husband is in jail for felony dwi how long do they have to indict him. he bonded out but was picked up again

    he was on parole for dwi and his parole officer issued a blue warrant

    Kelly’s Answer

    I sense their is a lot more to this question and I am not sure I have the full explanation of the accusation, but I will answer the easiest question first.

    "How long do they have to indict him?" The code allows for someone to be held without bond for up to 90 days. However, unless your husbands defense attorney makes a motion to set reasonable bond or alternatively, requests some sort of pretrial release, he may sit in jail until the statute of limitations runs, which can vary depending on the level of the offense and how he is indicted.

    What concerns me is your last statement that he "bonded out but was picked up again." I am not sure why he would have been picked up again once bonded out, but there can be numerous reasons for that happening, all of which can be dealt with by a good defense attorney.

    If he does not already have an attorney - what are you waiting for? He is going to need the best defense possible since he is looking at a parole violation with a new charge. Even if he wins the new charge, the Parole Board can still revoke his parole - he needs a lawyer, right now.

    Don't wait - start researching lawyers and find someone that is a DWI expert in your area and can handle parole hearings and get them on his case immediately. Valuable evidence is lost, the longer you delay. Police only collect evidence of guilt - they have no interest in preserving proof of innocence and will sometimes intentionally destroy such evidence very soon after the arrest. Only a good defense attorney can make a defense in this situation.

    Good luck!

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

    If the person you got into it with earlier that day says you shot them can they arrest you . I have a aliby on where i was at the time and everything. The victim believe i shot him but does not have proof of evidence just a friend saying it was me...

    Kelly’s Answer

    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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  • Texas DUI and prescription medication

    I am prescribed vicodin 10/325 4x daily, I carry my daily dose (3) minus my nightly pill and wonder if I am pulled over what are the chances of DUI. I guarantee that there will be no signs of intoxication as I've been taking this med and dose for...

    Kelly’s Answer

    • Selected as best answer

    If you are pulled over and admit that you are on this medication, it is highly likely you will be arrested in some jurisdictions. If the LEO finds your prescription bottle, your odds of being charged go up. Unfortunately, tougher counties take the mindset that ANY medication in your system is grounds to arrest you. However, that does not mean that you are guilty of DWI. They must still prove it in court and since there is no "per se" limit of intoxication by drugs, it comes down to the officer's word against yours. The officer will claim that you performed poorly on the SFST, no matter how you do in reality - so do not do them. The officer will claim that your statements to him were incriminating - do not make any. Once you provide the officer with your driver's license and insurance information, ask if you are free to leave. When the officer poersists in asking you questions about where you were going or coming from - inform the officer that you do not discuss your personal life and you feel as if he suspects you of criminal activity and you want to speak with your lawyer before answering any further questions. Do not take any tests that are offered, and refuse to answer any questions. You may get arrested but you will provide them with evidence to prosecute you and while it may upset the officer that you are refusing to cooperate - you have every right to do so. Also, remember that you are being videotaped at all times so don't do or say anything that may appear to be incriminating to 10 people that will watch it during trial.

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

    If you are found guilty based on evidence that should have been suppressed, how does the appeal process work? What are the costs? Do you start probation, etc... while the appeal is outstanding? How long does the process take? If you lo...

    Kelly’s Answer

    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 appeal is the the Court of Criminal Appeals, which is the Texas criminal supreme court. But the process is slightly different.

    While your appeal is pending, you do not serve any of the terms of the sentence, but you must abide by the terms of your appellate bond.

    It is very expensive to appeal a criminal trial. You must cover the cost of the transcript which can range from $1500.00 - $5000.00 or more, depending on the length of the trial and amount of testimony t hat must be transcribed. Then legal fees for a first level appeal can cost anywhere from $10K - 30K or more.

    There is no set timeline for how long the process takes. The are deadlines for filing and for the reporter to prepare the transcript but the appellate court may take as long as it would like to decide the case.

    There are several things that happen when you "win" an appeal. The case can be sent back down and dismissed, it can be sent back down for a new trial, it can be sent back down to conduct a harm analysis on the error and then decide whether or not to grant a new trial.

    It is always better for another attorney to handle the appeal since one of the issues that the new attorney will be looking at is the trial attorney's work and whether it can be considered deficient or "ineffective."

    There are several prominent attorneys that handle appeals. Brian Wice in Houston, Troy McKinney in Houston or go to the Texas Board of Legal Specialization website and find an attorney that specializes in criminal appeals. Of course, as with any specialty field be prepared to pay a lot of money for their expertise - but that's why they get great results.

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  • Can blood tests falsly come up positive

    blood test come up positive for amphetamine

    Kelly’s Answer

    Blood tests are wrong quite often. However, the type of analysis performed makes a big difference as well as which agency has performed the test. I don't recommend ever testing the blood again for the specific substance. If it comes back positive again, you have just given the prosecution the case. Research the best DWI Blood lawyers in your area. Just because a lawyer handles criminal law does not make them a DWI lawyer and out of those few who are DWI lawyers an even smaller number are qualified in Gas Chromatography - the science behind blood testing. Do your research and hire a good lawyer for this type of case - someone that has handled blood cases routinely and has access to the best experts.

    A great law yer can make all the difference in the world. So can the wrong one - choose wisely!

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  • Does sitting in a correctional facility count as time served for safpf, for Texas?

    Breaking parole violation for getting arrested for a dwi, that was not proven, but pleaded guilty, just to get the process going.

    Kelly’s Answer

    Waiting for a bed to open up at SAFPF does not count toward time served.

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  • I am 19 and go a DWI in Texas whats gonna happen when I go to court?

    I'm 19 and got arrested for the first time with a dwi. They gave me a blood test and took me to jail. Friday is my court hearing. What do I plea and in most cases what do you think will happen?

    Kelly’s Answer

    Be smart - hire a lawyer. Any advice you get for free on this cite will be worth less than what you are paying for it!

    Make sure that your lawyer had handled DWI blood cases before. Blood draws DWI's are extremely complex and only the top lawyers in the State can handle these well. Be sure to do your homework and don't hire someone based on how little they charge - that is almost as bad as having no lawyer at all.

    And whatever you do, DO NOT talk to any ADA or law enforcement about your case.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • I am on probation for 2nd dwi in Louisiana. I have just received a letter for motion and order for hearing to revoke probation?

    I am on probation for 2nd dwi in Louisiana. I have just received a letter saying "motion and order for hearing to revoke probation". I have met and completed all the things required from probation, except I have a few hundred dollars left to pay. ...

    Kelly’s Answer

    Hire the best lawyer in town and fight it. Otherwise, you are going to jail.

    Good luck!

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  • What is the process for first dui ?

    this is my first dui ever. i want to know that given it was a first offense how can i get my charges reduced.

    Kelly’s Answer

    I recommend researching the top DWI Lawyer in your area and hiring that person. Go to NCDD.com to get a list of names and then start calling to find out who has the best reputation and produces the best work. Without an attorney you have little chance of succeeding.

    Good luck!

    Kelly W. Case

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