M Elizabeth Gunn’s Answers

M Elizabeth Gunn

Galveston Criminal Defense Attorney.

Contributor Level 18
  1. Uncontested divorce in Texas with no children - do we have to wait 61 days to finalize?

    Answered almost 2 years ago.

    1. M Elizabeth Gunn
    2. Fran Brochstein
    3. Dawn Anne Renken
    3 lawyer answers

    Well, there is ONE exemption--it's just very limited in scope and hopefully doesn't apply in your case. If the judge makes a specific type of family violence finding, the 60 days can be waived. It takes a showing that the person who did not file for divorce (who's called the respondent), either has an active protective order due to family violence against the petitioner or another member of the household, or that he or she has a conviction or deferred adjudication probation judgement for a...

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  2. Criminal defense

    Answered over 1 year ago.

    1. M Elizabeth Gunn
    2. Woodrow Wilson I Dixon III
    3. Michael R Crosner
    4. John Charles Hafley
    5. William A. Jones Jr.
    6. ···
    6 lawyer answers

    It sounds like convincing the prosecutor (or perhaps a jury) of his lack of knowledge is going to be the main issue there. Yes, obviously he's going to need a good criminal defense attorney. One additional step that you may be able to take now that could help him is that if you've got any personal knowledge of how all this happened and who else was involved, now would be a good time to write it all down, including full names, addresses, and contact information if known, so that his attorney...

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  3. Criminal deferred adjudication

    Answered 16 days ago.

    1. M Elizabeth Gunn
    2. Miguel Eugenio Najera
    3. David Allan Hudson
    4. Tony Anthony
    4 lawyer answers

    Well, no, "they" aren't ever going to do anything about your record. This is a common source of confusion. What you were probably told is that if you were successful with probation, you wouldn't end up with a conviction on your record. That's different from tree not being anything at all on your record. I don't know what shows up on your criminal history, but it's likely at least the arrest, and may show hat happened in court. There is not any legal way to expunge any case in Texas for which...

    11 lawyers agreed with this answer

  4. How to get a crime off your record that is NOT GUILTY. It has been about a year but I am job hunting.

    Answered 3 months ago.

    1. M Elizabeth Gunn
    2. Cynthia Russell Henley
    3. Samuel Watson Eastman
    4. Emily Munoz Detoto
    5. Thomas Curtis Locke
    5 lawyer answers

    Do you mean that you went to trial and were found not guilty by a judge or jury, or that the case was dismissed? Either way, you'll be able to get the case off your record with an expunction, but the procedures involved are very different. So let me know in a comment which it is, and I'll try to explain how it works.

    11 lawyers agreed with this answer

  5. If I complete a deferred probation for PI and get it dismissed, will I have limited time to file for expungement?

    Answered 10 months ago.

    1. M Elizabeth Gunn
    2. Jared Seth Robinson
    3. Samuel Cohen
    4. Christian K. Lassen II
    4 lawyer answers

    No--there aren't any time limits (in that direction, at least) on expunctions. On a PI, assuming you're talking about a regular Class C PI that's handled in JP or municipal court, you should safely be able to file for expunction six months after the date that your case gets dismissed (may be a little sooner, depending on when the case got filed, but 6 months after dismissal, you can definitely do it). But you can also do it a year, or five years, or ten years later if you need to.

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  6. What does st m.to amend indict mean in criminal cases

    Answered 19 days ago.

    1. M Elizabeth Gunn
    2. Tristan Nicolas Legrande
    3. Ashkan Yekrangi
    3 lawyer answers

    State moves/motion to amend indictment. It basically means that the DA decided for some reason, their case would be better off if it were charged differently. And that could be for all sorts of reasons--they realized they got a complainant's name wrong in the original indictment, they got lab results back after indictment that showed there was only .995 grams of cocaine, instead of the 1.034 they thought they had, they found out there was a prior conviction they could use to enhance the...

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  7. How can I be charged with a state crime of forgey for being in possession of counterfeit money a federal crime

    Answered 3 months ago.

    1. M Elizabeth Gunn
    2. Gary Churak
    3. Steven Ray Green
    4. Macy Michelle Jaggers
    5. Christopher M. Lankford
    6. ···
    8 lawyer answers

    Well, yes, it is a federal crime, but it's a state crime, too. What usually ends up being the controlling factor on that is whether the Feds are interested in you (or more likely your associates). If not (and usually they're not, unless it's a pretty big operation), it gets prosecuted as a state crime. And technically, counterfeiting actually can be prosecuted as BOTH a state and federal crime for the same offense, so things could definitely be worse.

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  8. Can statements made prior to being mirandized be used in court?

    Answered over 1 year ago.

    1. M Elizabeth Gunn
    2. JaPaula C Kemp
    3. Barry Franklin Poulson
    4. Kenneth Gerald Leggett
    4 lawyer answers

    That's going to be incredibly complicated to give you the complete answer on, and is something that's the subject of many, many legal controversies. The short answer is that the statements will be admissible unless they are found to be the result of custodial interrogation conducted without complying with the arrestee's Miranda rights. I know that's probably not too helpful, but if you have that kind of situation going on, you just need to go hire an attorney immediately, because it really is a...

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  9. Hi, my attorney requested an alr hearing in harris co Texas, however he said I don' need to be present. Is this true?

    Answered over 1 year ago.

    1. M Elizabeth Gunn
    2. Gene Raymond Beaty
    3. James Richard Butler
    4. Rixon Charles Rafter III
    5. Don Karotkin
    5 lawyer answers

    That can definitely be true. That's probably a strategic decision on your attorney's part to avoid the possibility of the ALR attorney calling you to testify, which she can do if you appear for the hearing (because it's technically not a criminal proceeding). Beyond whether you agreed to take a breath test or not, the only subjects that should be addressed at an ALR hearing are whether the officer's involvement with you was legal to begin with (usually whether what he or she saw you doing while...

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  10. Who gets to claim the tax exemption for the kids?

    Answered almost 2 years ago.

    1. M Elizabeth Gunn
    2. William Tyler Moore Jr
    3. Daniel Seth Williams
    3 lawyer answers

    Mr. Moore has given an excellent answer. Unfortunately, the reality is that there may be no convincing your husband of this. He probably heard from some friend of his that his brother-in-law got to claim his kids as dependents and therefore he can too. Try reasoning with him, but if that doesn't work, the only real recourse you have is to set the case for trial. As Mr. Moore pointed out, he can make that argument before the judge until he's blue in the face (or the judge tells him to sit down...

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