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Michael E. Turner

Michael Turner’s Answers

44 total


  • Will my parole officer find out if i got a citation for driving without a license?

    I am on parole for DWI

    Michael’s Answer

    You are probably obligated to report this to your parole officer. Since you are on parole for DWI, this could be a serious violation of your parole conditions. Whether you tell the parole officer is your choice, but failing to report it could be another strike against you. What you need to do is to have an attorney ask for an occupational license, if you are not eligible to obtain your regular license yet. If you are granted an occupational license you will almost certainly be required to have an interlock device installed in your vehicle. You need to double-check your parole conditions to determine whether you are ordered not to drive at all...or just not to drive without a valid license. You definitely need to get a lawyer to fight the no license ticket.

    www.turnerlawoffice.com

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  • Do I qualify for a Pretrial Diversion?

    I live in Texas and I was charged with a Class B misdemeanor of theft 50-500. This is my first offense and I wanted to know if I would qualify for Pretrial Diversion so I can later get my records expunged?

    Michael’s Answer

    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 include a picture of the defendant and school/employment records to show the person is working hard. In Houston, it is part of all pretrial diversion contracts that you agree to wait 2 years from completion to file a Petition to expunge the records.
    http://www.turnerlawoffice.com

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  • Can a class 3 felony be lowered to a misdemeanor?

    my daughter has been charged with a class 3 felony because the police found a roach on her after she was in the jail. Is it possible that this can be lowered to a misdemeanor? She was pulled over for not using a turn signal and the car was searc...

    Michael’s Answer

    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 presented to a grand jury.
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  • Non-Disclosure

    If i have plea guilty yo a Misdemeanor Class B charge that was in 1996. Would I be able to get a non-disclosure or anything to seal it up?

    Michael’s Answer

    It depends on the charge and what your punishment was. If you successfully completed a deferred adjudication and the charge was not a family violence or sex related crime you can likely request a nondisclosure order which would "seal" it from non-governmental inquiry.

    Michael Turner
    http://www.turnerlawoffice.com

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  • I am being charged with assault of a public servant.

    i have been in front of the judge one time and she denied the offer of probation,fine,and anger management classes. my question is what is my chances of not getting jail time. the only thing i have on my record was a shopliftting charge 20 yrs ago.

    Michael’s Answer

    You need to sit down with your attorney and find out why the Judge refused the plea bargain. Maybe it was that she wanted the probation to be longer or some other additional conditions. However, the Judge has the authority to add up to 180 days in jail as a condition of felony probations such as this charge. If she refused a plea bargain because she wanted jail time, you are in a difficult spot. Even if you take the case to a jury, if you are found guilty and they give you probation, the Judge can still add the jail time as a condition of probation.

    This is something you need to meet with your attorney about and make a decision from there.

    Michael Turner
    http://www.turnerlawoffice.com

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  • What's the current statute of limitations on embezzlement here in TX?

    I have been accused of embezzlement no charges have been filed but i'm wondering how long does my former employer have to file?

    Michael’s Answer

    It's not that simple. If it was theft by a public servant or from an estate, then it is 10 years from the commission of the theft. If it was theft from a financial institution or of fiduciary property, then it is 7 years. If neither of those applies and it was over $1500.00, then it is 5 years or if it was under $1500, then 2 years.

    Michael Turner
    http://www.turnerlawoffice.com

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  • What can I do to clear my record?

    I was in an altercation which lead to a warrant for my arrest I turned myself in and at the court date I plead not guilty but was found gulity of Class A misdemeanor. I was put on a years probation, $200 fine, and 40 hours of community service. Th...

    Michael’s Answer

    It all depends on what type of probation you received. You won't be able to "clear" your record since you received probation. If it was not a family violence case and you received deferred adjudication probation, you'll be able to request a nondisclosure order two years after your deferred was completed and the case was dismissed.

    You can't have any convictions or deferred adjudications (other than traffic tickets) during the two year waiting period. A nondisclosure order is discretionary with the Judge but, if granted, will effectively "seal" the records to all non-governmental inquiries. If the assault involved a family member (very loosely defined) then you won't be able to have it sealed.

    Michael Turner
    http://www.turnerlawoffice.com

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  • Will they revoke my probation if i have another warrant, plus all i have is less then week left on probation?

    I was on papers for 5 years and only have a week remaining. will they revoke my probation, if i have a warrant for something three years ago.

    Michael’s Answer

    They can file to revoke your probation during the final week. However, if the warrant is 3 years old and you are otherwise in compliance with your probation conditions, it is unlikely that they will do so.

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

    revocation hearing on dec 16 for not doing community service, not being in school, not doing a urynalisis, and not showing proof of job hunt. she went to a hearing on nov 9th and the judge recommended 8 years prison. she turned it down. what can h...

    Michael’s Answer

    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 her attention.

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  • How is jail time calculated?

    I have accepted 8 days, there is a 2 for 1 credit and 1 day for time served upon arrest. I was ordered to turn myself in at 7 pm and to be released 7 pm Sunday for work. Does this sentence calculate to 3.5 or 3 days? So would this just be a wee...

    Michael’s Answer

    If this is a Harris County case and you are not doing jail time as a condition of probation, you get 2 for 1. So, your 8 day sentence would require 4 days, less the one day credit, leaving 3 actual days to serve. So, if you go in at 7 pm on one day, you should get one day credit for that day and spend the next day in jail. At midnight on the next day (after 29 hours in jail) you should get credit for the 3rd day and begin to be processed out, probably being released within a few hours.

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