Michael E. Turner’s Answers

Michael E. Turner

Baytown Criminal Defense Attorney.

Contributor Level 9
  1. Can it be a misdemeanor?

    Answered almost 4 years ago.

    1. Michael E. Turner
    2. Jason Robert Rew-Hunter
    2 lawyer answers

    If the amount was less than 1 gram, there are several options. First, and best, would be to talk the prosecutor into reducing it to a misdemeanor paraphernalia charge. The next best thing would be to reduce the charge to a misdemeanor under Section 12.44 (b) of the Texas Penal Code, which allows state jail felonies to be reduced to Class A misdemeanors. Either of these options would result in a misdemeanor conviction or probation. Another option would be to take a felony conviction but...

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  2. Felony third degree how long before it can be expunged in TX?

    Answered almost 4 years ago.

    1. Michael E. Turner
    2. John Walter Robinson
    3. Cynthia Russell Henley
    4. Richard Martin P. Canlas
    4 lawyer answers

    If the case was dismissed outright without any court-ordered supervision, you'll be eligible to have it expunged as soon as the statute of limitations runs...which in your case is 3 years from the date of the offense.

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  3. Do I qualify for a Pretrial Diversion?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Lucio Antonio Montes
    3. Michael E. Turner
    4. Marjorie Ann Muniz
    4 lawyer answers

    If this is a Houston case, there are several important factors. First of all there is a new District Attorney since January 1 and it is not clear if he will continue the current policies as to pre-trial diversions. As long as this is not an employee theft, you have a good chance. Your attorney will need to present a request to the chief prosecutor in the court. It should include a statement from you admitting the offense and explaining why you are deserving of a second chance. I always like to...

    2 lawyers agreed with this answer

  4. My daughter is 20 years old and is on deferred adj probation for robbery with bodily injury. She has to go to a probation

    Answered almost 4 years ago.

    1. Carolyn F. Horton Mcdaniel
    2. Michael E. Turner
    3. Mekisha Jane Walker
    3 lawyer answers

    She faces up to 20 years in prison. The Judge can revoke her probation and give her anywhere between 2-20 years. There is the possibility that the Judge may leave her on probation and amend her conditions to include drug treatment, additional community service or additional jail time as a condition of probation. I hope she has a good explanation for failing to comply with so many of her obligations and is able to convince the Judge that the time spent in jail awaiting the hearing has gotten...

    1 lawyer agreed with this answer

  5. What is the punishment for burglary of habitation in texas?

    Answered almost 4 years ago.

    1. Shannon Willis Locke
    2. Michael E. Turner
    3. Graham Thayer Williamson II
    3 lawyer answers

    Both previous answers are correct...just not complete. Burglary of a habitation with the intent to commit theft, or committing or attempting to commit theft is a 2nd degree felony with a punishment range of 2-20 in TDCJ and a fine up to $10,000. However, burglary of a habitation with the intent to commit another felony (other than felony theft) or committing or attempting to commit another felony (other than felony theft) is a 1st degree felony with a punishment range of 5-99 or life and a...

    1 lawyer agreed with this answer

  6. What does the typical pre-trial diversion program for Class B misdemeanor possession of marijuana less than an ounce consist of?

    Answered almost 4 years ago.

    1. Michael E. Turner
    2. Cynthia Russell Henley
    3 lawyer answers

    The diversion program would probably consist of monthly reporting for 6 months to a year, regular drug tests, a little community service, and no new law violations. It may include a drug evaluation and counseling if indicated.

    1 person marked this answer as helpful

  7. Is a false police report grounds for dimissal in an UUMV case?

    Answered almost 4 years ago.

    1. Cynthia Russell Henley
    2. Michael E. Turner
    2 lawyer answers

    There are a lot of factors to consider. Such as, how long did you have the car while they were not drafting payments and do you have the name of the person you talked to when you changed the payment method. Or, do you have a phone bill record showing you made a call to them at the time you say you called to change payment methods. If you are able to convince the DA of these facts, the case may be dismissed or if you obtain an experienced defense attorney, he/she may be able to make a grand...

    1 person marked this answer as helpful

  8. Can my deferred adjudication be completely expunged?

    Answered almost 4 years ago.

    1. Michael E. Turner
    2. Ernest Acevedo III
    2 lawyer answers

    A Class C is the only type of deferred adjudication that can be expunged if successfully completed. A Court order granting an expunction specifically allows you to deny the occurance of the arrest, etc except when you're asked in Court under oath.... at which point you have to acknowledge that the matters inquired about were expunged. Consult with the attorney that obtains your expunction specifically about your licensing application.

    1 person marked this answer as helpful

  9. DWI Under 15 Not Convicted Recieved Deferred, under loophole

    Answered almost 4 years ago.

    1. Jason Robert Rew-Hunter
    2. Michael E. Turner
    3. John Walter Robinson
    4 lawyer answers

    As the other attorneys have answered, you are NOT eligible for expunction, because you received a deferred adjudication. You are entitled to petition the Court for a nondisclosure order, which would effectively seal the records from non-governmental inquiry. However, the granting/denial of a petition for nondisclosure is discretionary with the Court based on the interests of the public. It it likely that the Court would not grant such a request that fell into a loophole in the law that has...

    1 person marked this answer as helpful

  10. Can a class 3 felony be lowered to a misdemeanor?

    Answered almost 3 years ago.

    1. Richard Timothy Jones
    2. Cameron Gray
    3. Michael E. Turner
    4. John Leif Fossum
    4 lawyer answers

    It is common for the police to charge someone in her situation with possession of drugs in a penal facility, hence the felony. It is also common for prosecutors to reduce the charges back to a misdemeanor under these circumstances. She wasn't trying to smuggle drugs into a jail and most prosecutors will see it that way. There may well be a search issue that may cause the charges to be dropped entirely. She needs a good criminal defense attorney as soon as possible before the case is...