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Miguel Eugenio Najera
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Miguel Najera’s Answers

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  • Can my parole b violated cause sumone said I was using drugs n alcohol.....hav passed all tests given to me n hav only 11months

    Only 11months left on parole....mom and I not getn along...that was where I paroled to...she made up lies n work put me into a hotel by our office so I could work....hav done aa n never failed ua or alcohol test..have to report this week...a littl...

    Miguel’s Answer

    It will be up to your parole officer as to whether or not they will file a violation report. Make sure to stay in contact with them and like the other attorney said, offer to take a UA to show that you are clean.

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  • My husband has 7 yrs parole n was jailed now for dui how much time would he get know he has medical n mental condition

    first sentence 13 yrs was release on parole for 7 did 3 outside but he got in a car n drove n had drank early but still smelled so was locked up n his parole is in violation. he recently got disabled for mental problems .

    Miguel’s Answer

    Your husband is facing an amount of time in prison based on how much time he has left to do on parole. However you do not give enough information to give you a solid answer as to how much time he will realistically be doing.

    Get a good attorney ASAP and have explain the whole situation to them.

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  • How Much Time Am I Facing?

    I am on Deferred Probation for Burglary of A Building.That was my first and only charge.I just violated my probation because I wasn't supposed to be affiliated with any one involved in crime with me.One of the co- defendant happens to be my fiance...

    Miguel’s Answer

    Since you are on deferred for a state jail felony, the range of punishment is anywhere between 180 days and two years in the state jail facility and up to a 10K fine. That being said, it will be completely up to the judge to decide if they want to keep you on probation, sanction you for up to 180 days in jail, or revoke your probation outright and decide on how much time you will do.

    Talk to an experienced defense attorney ASAP! Every court is different and a local attorney will be able to give you a better assessment of what you are realistically looking at.

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  • What does to disclose experts in a criminal case mean

    Looked up my brother case online and it says to disclose experts what does that mean

    Miguel’s Answer

    In a criminal case, either the state or the defense can ask the judge to order the other side to disclose any experts they have and that may testify in the case. The judge will usually give a timeline as to when the information has to be turned over.

    I expect that has been done in your brother's case and either his attorney or the State has asked the other side to give them the names of the expert witnesses they intend to call during trial.

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  • Criminal deferred adjudication

    I had a criminal trial by judge in 1973 where I served 10 years probation and it was supposed to be deferred adjudication. I was told that it would not appear on record if I completed the 10 year probation period with no problems, which I did. Up ...

    Miguel’s Answer

    a criminal record is not like a credit report. Things do not get taken off after a period of time, and the only way to get things off your record is to either expunge it or file a petition of non-disclosure.

    Since you completed deferred adjudication, your case was technically dismissed. Still, your record may show the arrest, charge, the fact that you got deferred adjudication, and that it was dismissed. Under the law as it stands today, you would not be entitled to an expungement, only a petition of non-disclosure. There are differences between the two and it is best you speak to an attorney about this. The good news is that if I recall correctly, the law was different back then and you may be able to expunge the charge. Consult a good criminal attorney and they will be able to help you out.

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  • What does that mean Projected Release Date???

    He got locked up for his 3rd m.t.r

    Miguel’s Answer

    Typically the projected release date is the date that the prison system has set for a prisoner's release. However that date can be wrong and sometimes it does not take into account back time and good time.

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  • What all is sealed by a Texas non-disclosure order? What about simultaneous arrests?

    I was arrested and charged with two felonies from the same incident: (1) Engaging in organized criminal activity and (2) Burglary of a habitation. Felony 1 (engaging) was dismissed for taking deferred on Felony 2 (burglary). Years later, I get or...

    Miguel’s Answer

    Typically each case will be treated separately on your record. Therefore you need to file motions for nondisclosure on both cases. However I would consult with an attorney since it is possible you may be able to have the dismissed case expunged.

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  • I was arrested for a dwi 6mth ago does it usualy take them this long to file? I was appointed an atty this in TX

    I spoke to the lawyer he said the longer they take the better, and that they have to set up my court date is this true,? Also do I have to still report to the bond people, the lawyer said no and the bail place said yes, so confused. Thank you

    Miguel’s Answer

    First of all different jurisdictions take different amounts of time and filing their cases. A lot of this has to do with caseloads and the amount of prosecutors they have to process the cases as they come in. If there is blood evidence or something of that sort in your case then that may take some time for the state to get in their file. However I expect you should be hearing something soon.
    As for your bond, you need to comply with whatever requirements the bond company has put on you. If you do not, you risk them getting off your bond and being re-arrested.

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  • Speeding ticket with wrong vehicle information. Is that a case for dismissal ?

    speeding ticket in Carrollton. I35 access rd. 10 miles over. Ticket lists wrong truck (lists on I sold 2 years ago) and wrong license plate no. Is that a case for dismissal ? Can I appear by myself ?

    Miguel’s Answer

    Your post doesn't have a lot of information, but I expect you mean the office or did not put the correct information as to the vehicle you were driving? If so it's not automatic grounds for dismissal, but will make the prosecutions case harder to prove against you. However the strength of your case will fully depend on the facts and circumstances surrounding the ticket.
    You can certainly appear by yourself, but if you plan to fight the ticket then I do recommend you hire an attorney. Even a misdemeanor trial can be tricky as far as evidence and procedure.

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  • Witness against me?

    In the Harris county district clerk website, under the witness tab I have a custodian of record summoned by peace officer. Is that something that can be used against me or will hurt my chances of getting pre trial diversion. My drug test result ca...

    Miguel’s Answer

    Prosecutors tend to subpoena essential witnesses for their case. That's what you see there. If you qualify for the pretrial diversion program then the subpoenas should not be an issue.

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