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M Elizabeth Gunn

M Gunn’s Answers

2,896 total


  • My husband kicked me and my daughter out of our home. He stopped all my financial access. I want a divorce but need money.

    Can i request that he be ordered to pay my attorney fees, child support, and spousal support due to being on put on bed rest for being pregnant and unable to work?

    M’s Answer

    Yes, you can, and it certainly sounds like you should. Temporary orders should be able to get you in a better financial position fairly quickly. But the reality is that it's very unlikely you're going to be able to get what you need on this without hiring an attorney who knows what needs to be filed to get you where you need to be, because this is going to be a fairly complex situation procedurally. Good luck--I hope things look up for you soon.

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  • My friend and i are being charge with possession of 2 oz of marijuana each, when there was only 3 oz in total.

    Back in December 2014 my friend and i were heading back from san antonio then get pulled over for speeding, the officer ask if i have anything i shouldn't, i told him a pipe he ask me to get out and then proceeded to put handcuffs on me then ask m...

    M’s Answer

    For starters, you didn't get charged with "possession of 2 oz". That's just not a legal possibility. I would imagine from the way you're phrasing it that what you got charged with possession of "a usable quantity of marihuana in an amount of less than two ounces", which is a Class B misdemeanor, and is the very lowest grade of offense out there for POM. That's not saying you had two ounces, it's saying you had something less than two ounces, meaning it could be 1.9 ounces, one ounce, a gram, anything usable and less than two ounces. In some circumstances, everyone present gets charged with the whole amount, which here would lead to a Class A, 2-4 oz charge, but it doesn't sound like that's what happened here--if anything, it sounds like the cop cut your friend a break, because definitely he at least should have been charged with a Class A if he had 3 oz on him.

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  • Trying to get my sons record expunged or another non disclosure.

    A couple years ago when my son was in high school he rec'd a possession of marijuana charge. He was put on probation and was given deferred adjudication. Before he finished his probation he got into a fight in high school and was charged with assa...

    M’s Answer

    Actually, there was no way you could do those "together" anyway. The nondisclosure order that sealed the POM is only available for successfully completed deferred adjudication cases--not cases that were just dismissed. The good news is that he will be eligible to get the assault case expunged, which is actually better than a nondisclosure anyway. But, he may or may not be able to get the assault expunged just yet--there's a two year statute of limitations on all misdemeanors that he may have to wait out before he'll be eligible. On the other hand, there's a fairly new provision in the expunction statute that now allows prosecutors to agree to allow expunction before the statute runs--but only if they want to. Without checking with the prosecutor, there's no way of knowing for sure whether they'd agree to it in your son's specific case, and if they won't, he's stuck waiting out the statute of limitations.

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  • Question regarding probation violation while being in jail

    He was on a 2 year misdemeanor probation. He did up to a year and ended up going back to jail for a felony charge. He was held 6 months in county jail with a parole violation and ended up signing for 5 years of probation. When he got out he was re...

    M’s Answer

    I don't understand the part about being held for six months on a parole violation and ending up with five years of probation. Do you mean that he was already on parole for one felony, then picked up a misdemeanor, got put on two years probation for that, and THEN picked up felony #2, which he then somehow got probation for while he was still on parole for felony #1 and on probation for the misdemeanor? Or are you confusing probation and parole?

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  • Jurisdiction and authority to arrest their superior /government officer?

    I live in City A. A crime (white collar) is committed on me by a senior officer in governance of a nearby city B. When I approach police department in A (my city) they do NOT take action as they are known to the offender and want to protect him. ...

    M’s Answer

    There is a possibility that what you consider to be "more than enough evidence of a crime" may not be, and it's understandable that you may not know whether it is or not. But if it actually is, and you really think that the situation is being ignored just because this guy's a cop, this City A/City B thing is not the solution. Your best bet is probably going to be to contact the Texas Rangers directly. They answer only to the state, not any local government, and handle this sort of thing on a very regular basis. Unless a federal crime was committed, which it probably wasn't unless this guy actually committed whatever this crime is in his capacity as an officer (rather than just happening to be one), the Feds aren't going to have any legal authority to get involved, and going to his supervisors is probably not a good solution here either.

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  • What options does my brother have if his sentence was doubled when he appealed decision for agg rob w ddly weapon on 3 counts?

    My brother was arrested in 2003 n was given 25 yrs on 3 counts of agg rob w ddly weapon. He appealed decision n was found guilty n his sentence was raised to 47 years. What can we do to see if we can lower his sentence and/or prove there were some...

    M’s Answer

    I can see why he would be unhappy about that outcome, but the only time that the doubling of the sentence on retrial would be a legal issue in and of itself is if hs punishment was decided by the judge, rather than a jury, both times. In that specific instance, there's a legal presumption that an increase in sentence the second round might have been due to the judge being mad about the appeal. But I can almost guarantee that 47 year sentence didn't come from the judge--judge's sentences tend to be nice, multiple of 5 type numbers (so 45 or 50, rather than 47), and you'd hope that everyone would have could on to the fact that the sentence would have been capped at 25 years under those circumstances and stopped that before it happened. So I imagine tha reality here is that the second jury just really didn't like your brother or what they believe he did. As long as the trial was otherwise conducted within the boundaries of the law, that's probably not going to be an appealable issue.

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  • Can I expunge my pre-trial diversion record and arrest? I see my record online w/mugshot and my case dismissed.

    Around April 2009 I was charged with a DWI w/open container in Hidalgo County in Texas. I was able to get under a pre-trial diversion program and was told to complete an alcohol/drug class, community service and probation. I completed all of my re...

    M’s Answer

    That's an odd thing for a lawyer to say. Assuming you get the expunction done right, which realistically does require getting an attorney who actually knows what they're doing to handle it, the only truth there is to that statement is that there is no way to completely expunge the information contained on random websites and held by the less legitimate private background check companies. You also cannot get DPS to expunge whatever shows up on your driving record (which is completely separate from your criminal history). But given the circumstances you've described, you are eligible for an expunction at this point, and if done correctly, it would result in the destruction of all the official records and references to your arrest and criminal case. Once that's done (and after waiting a few months for the record changes to trickle down to the legitimate background check companies), most people don't continue to have problems getting employment, housing, and so on. If something ever does turn up, what I advise my expunction clients is that since they will be legally able to state they were never arrested at all for the offense, they can go to either the police agency involved or the court clerk, and get legal confirmation from them that there is no record of them having any arrest or criminal case. So, I think your attorney's statement in the subject is incorrect.

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  • Can i seal a deferred adjudication charge for child pornography ?

    In 2010 i got deferred adjudication charges for poss of child porn i received 2 yrs probation i completed in 2012 but i have to register as sex ofender . Can i seal that non convicted felony 3f. Thanks.

    M’s Answer

    Sorry, but the answer is no on that. You cannot ever get the records of any charge nondisclsoed if you're subject to sex offender registration.

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  • Can I produce a Notorized Document at trial to demonstrate the integrity in the D.A.'s office

    I have a DWI. During the "Discovery" the District Attorney claims the DRE CD that was conducted at the Police station does not exist. According to the official Police report this DRE CD was logged into the same Police property room at the same tim...

    M’s Answer

    You can produce whatever you want, but no, the judge is not going to allow that to come into evidence (for procedural reasons, that's just not going to happen). But what else at least should not happen is that if the DA does "miraculously find the DRE CD the day of trial", it gets admitted into evidence. Because unless the contents of that CD (DVD???) are actually in your favor, your attorney should be able to easily keep that out on the basis that it wasn't produced during discovery when it should have been and that admission of it without adequate opportunity to review the evidence and adjust trial strategy accordingly would unfairly prejudice your right to a fair trial. But I think it's possible you may have misunderstood something about that, because as another attorney commented, that's something any attorney should know. Is it possible what your attorney said was actually just that it wouldn't be much of a surprise if it magically turned up at the last minute and the DA tried to get it admitted? Because that much of it would be true. But normally speaking under those circumstances, the judge would either just rule that it's not coming in over objection from the defense, or to give you a continuance to review the new evidence.

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  • Galveston Texas evading arrest what fine and is it a misdemeanor

    Was a party on beach and ran from the officer caught and went to jail got bond

    M’s Answer

    Assuming you were on foot and don't have any prior convictions for evading arrest, yes, it's a misdemeanor. That's the good news. The bad news is that it's not just a matter of "hey, what's the fine?" You're thinking of a Class C misdemeanor, like a traffic ticket or disorderly conduct, where a fine is the worst that can happen to you. This is a Class A misdemeanor, two levels up from there. The maximum punishment is a year in jail and a $4000 fine, though unless you have a prior history, probably the initial offer will be some kind of probation (if you do have prior arrests, they may well be asking for jail time). There's also the consideration that if you end up with a conviction for this and ever get arrested for evading arrest again, the next charge will be filed as a felony. Regardless, you're going to have a much better chance of coming out of this with good results if you hire an attorney, since you're otherwise pretty much stuck with just taking whatever offer the DA feels like making on your case, or going to trial, which is very definitely something you don't want to do without competent representation.

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