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Brian Kent Tillman

Brian Tillman’s Answers

29 total

  • I was convicted of a felony in 1980 in calif. i now live in texas. i wish to hunt with a crossbow can i buy one and get a liscen

    i live in austin and have a texas drivers license

    Brian’s Answer

    I don't think you should have any issues- as far as I know the federal law prevents you from having a "firearm" , which means a rifle, pistol, shotgun, etc.- not a pellet gun, bow, or crossbow. I also believe you may be able to use a muzzleloader during that portion of the large game season, as it should not be considered a "firearm" either.

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  • My 16 yr old was arrested for a DUI in Austin tx. Do I need to hire an attorney?

    He totaled 2 cars & thats why police were called. The other car was parked so no injuries. I did not let the officer talk w/him at the hospital but was told that his blood would be drawn. Internet shows he cld get comm service hrs & a fine but no ...

    Brian’s Answer

    You absolutely need to get him an attorney. As previously stated, in Texas, DUI is a charge particular to minors. It simply means that a minor was driving with any amount of alcohol in their system, and is a lighter charge than an actual grown-up DWI. However, there is nothing that precludes the state from bringing a full-blown DWI, especially with all the damage to other cars. Frankly it would be more likely, because then the state can always fall back to the DUI charge later on as a potential means of resolving the case. I would really advise you to do some research and contact an attorney very soon.

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  • Can I get my record expunged or sealed?

    Im on probation for attempted forgey. That happen in 2011. Umm I am still Trying to understand the whole process. And what type of misdemeanor is it.

    Brian’s Answer

    If you have any probation then you are not eligible for an expunction, but potentially a sealing (motion for non-disclosure), and then only if your probation was a deferred adjudication probation. If not, you are out of luck. If it WAS a deferred, then you will still have to wait for the statute of limitations to expire before you can file it. I advise contacting a lawyer, they will likely review your information and let you know if you qualify, or how long you may have to wait.

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  • I have gotten a deferred adjudication what will happen if i haven't completed it and its been more then two years?

    I got arrested in 2009 for fighting with my girlfriend they gave me 1 year deferred adjudication probation i guess to complete some anger management courses and community service its been two years going on three and they haven't call me im just s...

    Brian’s Answer

    Defered Adjudication is a type of probation where you are supervised, so you obviously didn't get that or you'd be reporting to a PO who would instruct you. Sounds like you got a deferred prosecution, which is an upfront dismissal in exchange for completing some tasks within a specific time window, and then provide that proof. If you do not complete it (the answer to your question) then they have the ability to refile the case. The agreement also contains a waiver of any statute of limitations, so they can still file it after the standard two year window closes. I'd advise getting hold of your old lawyer to be safe.

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  • Marijuana poss first offence. bench warrant

    I was charged with marijuana poss two years ago in Austin. I went to court for the first hearing but didn't go back. I want to take care of the ticket now but I live in another state (LA). I know I have a bench warrant as well. Do I need a lawyer?...

    Brian’s Answer

    Do Not turn yourself in, especially in LA. You have a bond forfeiture out of the county court that you will have to settle ($) but once that's done and you have local counsel there is a very good chance you can get the case moving again without coming back to Austin. Once your old bond forfeiture is settled out with the county, judges will typically allow your lawyer to get your case back on the docket and simply issue a recall card for the outstanding warrant. Not always, but often. Yes, you absolutely need a lawyer.

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  • Can my Class A misdemeanor get expunged?

    I was charged with a Assault felony 3rd degree, the court dropped it to class A misdemeanor and gave me two years of probation. My quiestion is will I be able to get it expunged in the future?

    Brian’s Answer

    PLEASE go meet with a competent criminal attorney where you live, or even just try to speak to one on the phone... it is NOT impossible that you can expunge your misdemeanor, it just depends on how it was resolved. If you were convicted or put on probation (including deferred adjudication) then you may not expunge it. If you did deferred adjudication probation, then the best you can do is seal the record, with a nondisclosure motion. IN ADDITION, if you received a Deferred Disposition on your class A, and complete the terms, then YES you can still expunge it, because it results in dismissal.

    You should speak to a local criminal attorney to see what options are open to you, and the effects of each. Best of luck to you.

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  • Do I need an attorney? Poss. Of Marijuana case with strong loopholes.

    Ok I'm pretty sure I'm innocent but need advice. I was joggng my usual 12 laps around the neighborhood school track when I lighted up a joint and smoked it down to the roach. I had the roach in my pocked but it somehow fell out of my pocked upon e...

    Brian’s Answer

    First of all, don't listen to lawyers who don't practice criminal law or live in other states who don't have a clue about the jurisdiction of your case, nor the law applicable to it.

    There are ALWAYS issues to fight. What is he doing searching your car? Where's that joint he found? You did the right thing by keeping silent, and your admission here on Avvo?- your admission means NOTHING b/c you are anonymous on here. Your lack of absolute innocence means NOTHING! They prove YOU guilty, you do not prove your innocence. PLEASE call a competent lawyer where you live, who practices criminal, and appears to have a good reputation. This case should go away, and in a manner that keeps it expungeable later on, although you may have some counseling or community service to deal with. In the meantime, I wouldn't go talking about it to strangers.

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  • What does no bond mean in this charge? I was going to do some time if I showed up for court?? This is a warrant

    Level Issue Date 8/9/2010 NCIC Charge Bail-Secured Bond Original Offense Cocaine-Possess Court 147TH DISTRICT COURT Bond Bail Remarks MANUFACTURE DELIVER CONTROLLED SUBSTANCE 4-200G COCAINE FELONY*DC147 NO BOND QE4118 SID/TX0076490578 TCIC/NC...

    Brian’s Answer

    You need to get an Austin attorney to clear that mess up. That information means that the judge did not set a bond (meaning the judge intended for you to be in custody), but that would have been done by Judge Flowers, who has now retired. The new judge, Judge Brown, has the authority to revise that if he chooses. I would advise hiring a good Austin lawyer to start working on that. Generally speaking, you will be looked upon more favorably for coming back voluntarily and having counsel- that way the system does not have to pay for your arrest, extradition, and appointing a lawyer. Our office does these fairly often, please feel free to call if you want more advice/info.

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  • MY FIANCE IS IN JAIL ON A CRIMINAL TRESPASS HOW LONG BEFORE HE GOES TO COURT ON IT?

    THERE IS A BOND FORFEITURE CHARGE AGAINST HIM FOR IT. HE HAS ALREADY BEEN IN JAIL ALMOST 3 DAYS

    Brian’s Answer

    If he gets a lawyer appointed he will be in court approximately 7 days after he was taken in. You can always check the online docket for Travis County- just do a google search for travis county criminal court docket. You can search by defendant name, find him, and it will show the date he will be brought to court. You can also contact court administration at 512 854 9244 to see if he has an attorney appointed. Hope that helps.

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  • I came up pos+ on a random what happens now ?

    I do not do drugs, but the company did not let me retest. And, it took them 6 days to let me know i do drugs

    Brian’s Answer

    This is really an employment question rather than criminal, but there are many substances that will cause false positives for drug tests. You should find out more about the test- what substance was positive, and what type of test was it. Most of those first-level tests acknowledge that if there is any question of accuracy, you should follow it up with a more detailed type of test that is more specific to ferret that out. The higher level tests are more expensive, which is why they are not used all the time. Sadly, an employer in TX can hire or fire you anytime they want anyway so it may go for nothing. A cheaper alternative would be to go get yourself retested, but it won't be conclusive b/c it's after the fact now. Check w/ your employer's procedures to see if you can get another lab to retest your original sample (at your expense, of course). My two cents.

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