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Mark J. Kelly
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Mark Kelly’s Answers

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  • 3rd DWI, Is it possible to stay out of jail?

    My brother was arrested during a "no refusal" last week for DWI, he refused breathalyzer and they took him in for blood draw. If his results come back that he was DWI this will be his 3rd offense. His 2nd offense was in 2007 (denton county) and ...

    Mark’s Answer

    A third DWI in Texas is a felony (3rd degree). The punishment range is from two to ten years incarceration and a fine not to exceed $10,000. Texas law allows for the possibility of probation (community supervision). Art. 42.12 sec. (13) of the Texas Code of Crim. Procedure requires, as condition of community supervision, not less then 10 days confinement in the county jail. Judges can require up to 180 days confinement as a condition of community supervision.

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  • Arrested for possession of marj. 0-2 oz. went to arraignment and court date was set for tomorrow. Want to be sure I hire the

    right attorney and due to holidays haven't had luck yet. Can I show up tomorrow and get a reset without a lawyer?

    Mark’s Answer

    Make sure you show up to court on time to answer docket call. If your case is in Harris County allow plenty of time to park, get through the metal detectors and up the elevators. If you tell them you need time to hire a lawyer they will reset the case a few weeks to let you do that.

    You are charged with a class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine. A marijuana conviction on your record could affect your life in various ways, including your ability to find employment in the future. The state will be represented by the District Attorney's Office. Its important that you find an experienced criminal defense lawyer to represent your interest.

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