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Russell David Hunt Jr.'s Answers
Contributor Level 10
- 99 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Can an felony be overturned? If so how? Kml_williams@yahoo.com
Another option is to petition the Governor for a pardon. You will need to hire a lawyer and the Governor does not give out many of them, but if you can really build yourself up with strong credentials and community involvement this will make the pardon route more likely.
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3
Attorney answers:
Injury to a child reckless by omission &retaliation second &third degree felonies
This offense is often for failing to protect a child from a known abuser or for failing to take a child to get medical attention for an obvious injury. Your lawyer is in the best position to tell you what a Waco jury will do to your case if you go to trial, so be sure to sit down and listen to his advice.
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2
Attorney answers:
Is it legal for an officer to write a citation for a stop sign violation when he could not see the sign and admitted it?
It does not matter if the cop could see the sign. What matters is whether the cop could see you stop or not. If you did not run the stop sign you should not plead guilty saying that you did. However, a jury might believe the cop over you, so you might decide you'd rather just take defensive driving for $25.00 than risk eating a conviction and a 1/2 day trial. Either decision is completely justifiable. Disclaimer: This answer is provided as a public service and as a general response...
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3
Attorney answers:
Texas Deferred Adjudication Completed, How have my gun rights been affected?
This area of law is complicated because you are dealing with several conflicting sources of law. Under Texas law you can possess a firearm just like the judge said. The Federal firearms law says a person "convicted" of a felony can never possess a firearm. "Convicted" for federal criminal purposes does not include a Texas deferred adjudication. Army regulations will determine what the Army considers to be a conviction or not, and what is an acceptable conviction and what is not....
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4
Attorney answers:
I'm 19, arrested for controlled substance ( 1 adderall tablet) in Williamson County. Any way to get chg. reduced to misd.?
I have gotten these type of charges reduced to misdemeanors in Willliamson county. The important key is to convince the prosecutor that you are not a risk for drug abuse. One case I had that was reduced was for a kid who got an ADHD pill from a buddy so he could study for the SAT. While this isn't a great reason to possess a controlled substance, it is certainly not the same as a person with a rock of crack cocaine and shouldn't be treated the same. Stay out of trouble, be able to...
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3
Attorney answers:
How to see my love legally
You must hire a lawyer to petition the court to amend the conditions of boyfriend's probation. Judges DO NOT MESS AROUND when dealing with folks on probation for a sex offense. Just suppose what would happen if you and he were sitting around your house and the neighbors get into an argument. The cops are called and they start knocking on doors to find witnesses. Boyfriend is listed in the police dispatch records as being prohibited from contacting you so he gets hauled off to jail....
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2
Attorney answers:
Negligent Discharge of a Firearm - Property Damage - Is this a Felony?
The offense of deadly conduct involves recklessly placing others in imminent danger of serious bodily injury. Knowingly firing a firearm while being reckless about whether anyone is present in that habitation that could get hurt makes this offense a 3rd degree felony. Only the shooter can be charged with the crime. But all the police need to charge a person is probable cause, so if the guest denies involvement your friend could potentially be blamed as the shooter. Whether those...
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5
Attorney answers:
I was arrested for d.w.l.i. in waco tx and on felony probation,waco tx. my p.o. filed a violation. am i going to be revoked?
The probation officer has a certain amount of discretion in deciding what violations will justify taking your case before the judge for revocation proceedings. The more significant the violation the more likely that a revocation will be sought. Similarly, the more minor violations there are, the more that they add up and the more likely that the probation officer will file a violation report based on multiple minor violations. The judges in Waco are pretty tough but not utterly...
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3
Attorney answers:
Is it really possible for a DWI 1st offense charge to be dismissed?
Often times, especially with DWI cases, the lawyer has to at least be ready to take the case to a jury before the prosecutor will consider dismissing the charges. Also, the BAC is only one of many factors that the jury can consider in determining whether you were DWI. If you have an odd BAC result but look terrible on the videotape, it would be harder to get the prosecutor to just dismiss the case. Your lawyer undoubtedly knows the prosecuting attorney and can tell you best whether or...
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3
Attorney answers:
Is it true the Texas Board of Pardons & Paroles very seldom grants parole to DWI offenders?
Five years ago the answer was yes. But I recently did some research into this question and now the answer is no. The rule on parole release for DWI's is that the offender must complete the drug/alcohol treatment program before his release on parole. The problem was that five years ago the program was grossly underfunded and no one could take it. Thus, very few paroles were granted. As I understand it the Legislature actually allocated funding for treatment since it's much less...
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