Ernest Acevedo III’s Answers

Ernest Acevedo III

San Antonio DUI / DWI Attorney.

Contributor Level 8
  1. Is writing my name on a wall in a school bathroom a felony in the state of Texas criminal code

    Answered over 6 years ago.

    1. Ernest Acevedo III
    2. Herman Martinez
    2 lawyer answers

    Normally graffiti that causes damages under $1,500 is a misdemeanor offense in Texas. However, under the Texas Penal Code section 28.08 graffiti at a school, church, cemetery, public monument, or community center is a state jail felony even if the damages cause only a few dollars in damages. The Texas legislature has taken a much harder stance on these cases since 1999. So the short answer is that writing on a school wall can result in a felony conviction. If a child finds himself in this...

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  2. Can a 16 yr old guy have sex with a 18yr old girl

    Answered over 4 years ago.

    1. Ernest Acevedo III
    2. Cynthia Russell Henley
    2 lawyer answers

    Can a 16 year old guy have sex with an 18 year old girl? Yes, it has happened many times throughout history. The second sentence seems to ask if it is legal. In Texas it would be legal for an 18 and 16 year old to have consensual sex. The question you should be asking is "Should I?" Sex poses many risks. You would probably be better off focusing on your education right now based on the form of your question.

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  3. What is the jail time for child abandonment with intent to return, state of texas

    Answered about 6 years ago.

    1. Ernest Acevedo III
    2. Edgardo Rafael Baez
    2 lawyer answers

    The offense of abandonment with intent to return is a state jail felony in Texas. That charge has a range of punishment of 6 months up to 2 years in a state jail facility. However, you need to know more than just the range of punishment. It is very important to speak to a qualified attorney because prison time and a felony conviction are not mandatory. Depending on the facts of the case, charges can be dismissed or reduced or probated. A good attorney will guide you through the process and...

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  4. Defense for allegations of Agg Sexual Assault-Child

    Answered about 6 years ago.

    1. Mark W. Bennett
    2. Ernest Acevedo III
    2 lawyer answers

    The best advice is to get the best attorney you can. That sounds simple, but a lawyer must know the specifics of the allegations and their strengths to advise you properly. In San Antonio cases like this are normally indicted 60 - 180 days after arrest. You are on the far end of that scale and that is unusual. Your court appointed counsel should check into this with the family violence prosecutor assigned to your case. Once you are indicted it can take anywhere from 6 months to 3 years to...

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  5. DUI w/Child Under 15 Texas

    Answered over 4 years ago.

    1. Ernest Acevedo III
    2. Cynthia Russell Henley
    2 lawyer answers

    You may not have it expunged because you did get deferred adjudication. You may be eligible for a non-disclosure 5 years from the date of discharge of your probation if you qualify otherwise. Always make sure to talk to a qualified lawyer regarding these issues.

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  6. I received a letter from Tx. DPS - violation to appear for tickets 17 years old. I beleive I paid these tickets

    Answered about 6 years ago.

    1. Herman Martinez
    2. Ernest Acevedo III
    3. Edgardo Rafael Baez
    3 lawyer answers

    You can have an attorney look into the matter for you, or you can go to the court and request a history of the ticket on your own. Is it a JP ticket or is it San Antonio Municipal court ticket? The letter means DPS shows the ticket is not paid. Contacting a lawyer who handles tickets is your best bet.

    1 lawyer agreed with this answer

  7. Murder

    Answered about 6 years ago.

    1. Ernest Acevedo III
    2. Edgardo Rafael Baez
    2 lawyer answers

    A subpoena gives you a legal obligation to go to court and testify if asked to do so. So yes the State can force you to testify. You can be charged with perjury if you testify and the State believes you are lying and has enough proof to get a grand jury indictment. You can also potentially be charged with being an accomplice to murder if you were involved in the case. You should speak to a qualified attorney before you do anything to fully understand your exposure and obligations. A...

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  8. Can my deferred adjudication be completely expunged?

    Answered over 4 years ago.

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

    If your plea was for a class C misdemeanor and if the case was dismissed after successfully completing deferred adjudication you may have the charge expunged. This would erase the record of your arrest and you would be able to legally deny the event ever occurred. Call me if you need any assistance in this matter.

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  9. I gave a coworker a ride not knowing he had marijuana on him and I was arrested.

    Answered over 4 years ago.

    1. John Walter Robinson
    2. Ernest Acevedo III
    2 lawyer answers

    For the State to win they have to prove your son knowingly had possession of the drugs. It sounds like he has defenses that might allow him to win the case. You do not get to pick your court appointed attorney, but you can hire any lawyer you like. I would suggest you speak to a qualified lawyer familiar with the court and the prosecutors.

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  10. I got a DWLS in San Antonio, my first one, whats te penalty?

    Answered over 5 years ago.

    1. Paul Holt Walcutt
    2. Robert Hampton Tuthill
    3. Ernest Acevedo III
    3 lawyer answers

    If you were found not guilty of the DWI charge you are able to rescind the driver's license suspension that resulted from the refusal or breath test failure. If the DWLS case arose because of the initial suspension from your DWI and you were acquitted that may be a defense to the pending case. Speak to a qualified attorney familiar with these issues as soon as possible.

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