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Shannon Willis Locke
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Shannon Locke’s Answers

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  • BF was sentenced Property Theft 1year SJ 1,500 & 2years tdc F3 20k R&C w/140days backtime cred. When is he eligible for parole?

    SJ time and TDC Time to run CC. He has been to SJ 1 time for 180days for CS (MJ). He has on his record 2 theft 500 and burg bldg 1500 both SJF but never made it there. (stayed in Dallas County) He also has a couple FV charges on his record as well...

    Shannon’s Answer

    I believe he will do one year day for day minus the time that he has already done. He will then parole out of TDC as soon as TDC processes him. He may get out of State Jail early if he has medical conditions but I wouldn't count on it. I am not sure what R & C stands for but it looks like you are saying that he was sentenced to two theft cases. Theft cases do not typically hamper an individual's chances at parole. So, I believe in all likelihood that he will get out after he serves his State Jail time day for day (plus some time to be administratively processed and paroled out of TDC).

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  • Tarrant County. First time DWI offender with 2 violations on interlock device. How likely is jail?

    Violations on IID were two separate occasions. After first violation I was ordered to wear a SCRAM bracelet for 60 days, without any issues. Second violation on IID was low BAC, that quickly went to WARN (within 10 minutes). What is the likelihood...

    Shannon’s Answer

    You need to contact a lawyer who knows your specific situation. The answer depends on whether or not you are on pre-trial release or on probation. It also depends on the judge who is hearing the case and what that judge's attitude is toward your violation. If you are on pre-trial release you need to immediately contact your lawyer and explain your situation. If you are on probation you need to hire a new lawyer (or the lawyer who resolved your case) and tell him the situation. Regardless, there is no cookie cutter answer to this question.

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  • If a business owner reports to police that a employee was embezzling, can they withdraw their decision to report the employee

    if a business owner accuses a employee of over 9 yrs of embezzling and reports the crime to police, can the business owner change their mind about reporting the crime, even after the investigation has started?

    Shannon’s Answer

    You need to get legal representation. When an employer accuses you of theft everything you say can be used against you. That includes statements made to co-workers, to friends, other employees and to the employer themselves. Even your reaction to the accusation can be used to bolster your employer's case. Be careful what you put in emails.

    Often, an employer will tell you that they won't press charges if you resign or make restitution, but making agreements without legal representation is extremely dangerous. However, a lawyer can make those agreements, present your side of the story, and help you avoid liability. Once the police have been called the State decides whether or not to pursue charges. Sometimes, detectives will tell people that they will not pursue the case if restitution is paid. However, they are not obligated to honor that agreement. Again everything you tell the Detective (even if your rights are not read to you) can be used against you. Only an agreement between the District Attorney's Office and your lawyer has legal weight. So, you need to be very careful and your next phone call should be to a well qualified criminal defense attorney.

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  • A detective asked to come to my house for a statement, should i let him?

    A detective called my cellphone and asked me to go to give him a statement regarding a coworker who apparently was stealing from my previous job. I told him there was no way for me to go since I have a newborn and he asked me if it was ok for him ...

    Shannon’s Answer

    It appears that you are a witness in a criminal case. As a witness you can only be required to answer questions if you receive a subpoena, however, you may want to answer questions now so that you don't have to go through the hassle of going to court. If you don't know anything answer, and you are not under investigation yourself (and have no reason to believe you might be under investigation) then you should talk to the detective.

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  • Is a state jail felony (3 DWI) subject to same procedure of pardon thru P&P Board? In 1997, nothing since.

    3 DWI, last in 1997. State Jail Felony (TX) Probated, everything that was required, etc. I would like the ability to own a firearm. Nothing on my record since 1997. Should I retain counsel for this?

    Shannon’s Answer

    Unfortunately, there is not a satisfying answer to this question. Texas allows you to own a firearm after the fifth anniversary from your release from probation. However, Federal law prohibits you from owning a firearm unless your civil rights have been restored. The only way to have your civil rights restored is to apply to the Governor for a pardon. I would recommend that you hire a lawyer to continue with this process. Good luck

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  • Can I get my Class C Misdemeanor charge expunged if I go with deferred adjudication or a diversionary program? (First offense)

    I was caught shoplifting from a local sporting goods store recently and I am wondering what my options are from here. The value of the items is less than $50 dollars so my questions are as follows. First will I be eligible for either a diversionar...

    Shannon’s Answer

    It seems like you are about to make an important decision regarding your criminal case without having talked to a lawyer. You can talk to a lawyer completely free without any obligation and you should take advantage of that opportunity.

    That being said you should know that a Class C misdemeanor can be expunged if you receive deferred adjudication. It can be expunged once the statute of limitations expires. This is not true for higher level offenses where you have to get a pre-trial diversion, a dismissal or an acquittal to qualify for an expunction An expunction occurs when you file a law suit asking a District Court Judge to destroy the records of your case. If you are applying for a license from a State licensing board you need to read the questions they are asking very carefully. Usually, I meet with my client, I ask them to bring in their information and the questions that they need to answer. I then advise them about whether or not they should take the deferred adjudication, and how they should answer questions posed to them by their licensing agency. If you need more help feel free to give me a call.

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  • Felony class D

    My husbans brother convinced him to purchase two fire armes and gave them to him the guns were going to mexico my question is my husban has a clean recerd has a good paying job we have two kids and its his first felony Does he qualifys forprobation?

    Shannon’s Answer

    The answers you will receive will be accurate based on whether or not this is a Federal case. I believe, based on my experience that your husband is facing a Federal criminal case. In Federal criminal cases probation is not automatic even if the defendant has a clean record. That does not mean, however, that probation cannot be granted by the Federal District Court Judge.

    Here is how the case will likely proceed. First, the Court will determine whether there is sufficient evidence to hold your husband and whether he qualifies for a bond. Then, the Federal Government will provide your husband's lawyer with the evidence against him (at least the reports generated by law enforcement). This should allow your husband's lawyer to do a Sentencing Guideline analysis and determine what kind of sentence your husband should expect. At that point your husband's attorney may want to explore possible reasons for a downward departure. Finally, your husband will be sentenced according to various factors, including his past criminal history, his personal characteristics, the seriousness of the offense, his acceptance of responsibility, and other factors that are brought to the attention of the judge. The judge will then sentence your husband, and if a sentence of probation is justified (remember Federal judges very rarely give probation) he could possibly receive a sentence of probation.

    Of course, it is possible that there are defenses available to your husband that he does not know about, and that an attorney looking at the case will be able to use. Remember, advice on here is not legal advice and it is no substitute for your husband sitting down with a lawyer and discussing his situation. At the end of the day your husband's case will depend on 1) The facts of the case 2) The abilities of his lawyer 3) The attitude of the judge to the crime he is accused of committing. Good luck

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  • I am being charged with conspiracy to transport aliens I have never been in trouble im 31 my point scale is at a 15 how long tim

    I had 6 ppl in the truck with me

    Shannon’s Answer

    I agree with the above answer and I would add the following: A good criminal defense attorney will look to every part of your case to determine what defenses and what mitigation you can receive. This attorney will ask questions and determine what the best possible route is to getting you the least amount of time. He will sit down with you and your family and get to know as much about you as possible. Additionally, he will closely examine the government's case for weak spots and attempt to determine if there are any additional arguments that might allow you to escape prosecution. Many times, I will draft a Sentencing Memorandum to explain to the judge why it is that my client deserves less time than what is called for in the guidelines. Additionally, I will work with the Government's lawyers (if it is appropriate) to explain why my client deserves a downward departure.

    I practice in San Antonio, Texas. I have handled cases all over the Western District of Texas. I would be glad to speak with you for free at my office. Please feel free to give me a call.

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  • Shoplifting

    So Me and a couple of friends were in Kolhs doing a little shopping but they were shop lifting from the store ,as it was time to walk out the polce of the store called us to come back nobody went back in then when I was getting in my car they came...

    Shannon’s Answer

    I agree with the above answers. You need to get a lawyer. I practice in San Antonio, and I will be glad to speak with you for free. The reason I offer free consultations is because it is so important not to face the State by yourself. Do not make any statements to anyone and remember that everything you say, even if it is not to a police officer. Good luck and feel free to give me a call.

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  • What is the federal sentence for someone charged with counterfieting money?

    My son has federal warrant for his arrest for counterfieting money, originally arrested in November, Secret Service had state charges dropped and indiated him federally incident happened in November. My son was placed on probation for whole differ...

    Shannon’s Answer

    I practice in San Antonio and I would be glad to speak with you regarding your son's situation. You are correct that the county that put him on probation cannot use this new Federal offense to VIOLATE his probation. However, in sentencing the judge can decide to do whatever he wants and can use anything that he or she deems to be relevant. So, sometimes relatively minor probation violations (being behind on payments, failing to do community service, not reporting a change in residence) can be used to violate his probation and then the new charge, that occurred before the probation was instated can be used as a justification to give your son a greater sentence. Let me know if you have any questions, I would be glad to help as much as I can. Take care and good luck.

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