Brian Kent Tillman’s Answers

Brian Kent Tillman

Austin Criminal Defense Attorney.

Contributor Level 8
  1. My 16 yr old was arrested for a DUI in Austin tx. Do I need to hire an attorney?

    Answered almost 2 years ago.

    1. Christopher Scott Mcham
    2. Brian Kent Tillman
    3. Joseph Aragon
    3 lawyer answers

    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...

    4 lawyers agreed with this answer

  2. Ignition Interlock Violation (mechanic/friend failed my IID)

    Answered over 3 years ago.

    1. Brian Kent Tillman
    2. Kelly W. Case
    3. Gene Raymond Beaty
    3 lawyer answers

    Whether it will or won't help you is not an answerable question because it depends on factors not in your control What I will say is that it looks like you have covered your bases as well as you can under the circumstances, although your prior violation may dilute the validity of your reason. Getting affidavits from those people will help, but it's too bad it's your friend and not some mechanic who is not motivated to cover you. And if your girlfriend (affidavit #2) is your ride then that...

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  3. A friend of mine has been indicted for Offense code 540412 DWI 3D/More. What does that mean and what are the penalties?

    Answered over 3 years ago.

    1. Brian Kent Tillman
    2. Paul Brian Kennedy
    3. Paul Holt Walcutt
    3 lawyer answers

    If it is his third DWI or more, then it is a felony. DWI #3 is a third degree felony, punishable by 2-10 years in prison, up to a $10,000 fine, or both. If there are more prior DWI's, then it may be enhanceable to a higher level felony, with more serious penalties.

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  4. Can I get my record expunged or sealed?

    Answered about 2 years ago.

    1. Brian Kent Tillman
    2. David N. Smith
    3. Samuel E. Bassett
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Brian Kent Tillman
    2. M Elizabeth Foley
    3. Barry Franklin Poulson
    3 lawyer answers

    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,...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. 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

    Answered almost 2 years ago.

    1. Brian Kent Tillman
    1 lawyer 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.

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. Brian Kent Tillman
    2. David N. Smith
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

  8. Marijuana poss first offence. bench warrant

    Answered over 2 years ago.

    1. Cynthia Russell Henley
    2. David N. Smith
    3. Brian Kent Tillman
    4. Benjamin J Lieberman
    4 lawyer answers

    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,...

    1 lawyer agreed with this answer

  9. Court date is 2 weeks from arrest of DWI & Failure to stop and render aid. What is going to happen at this court appearance?

    Answered about 3 years ago.

    1. Kelly W. Case
    2. Cynthia Russell Henley
    3. Gene Raymond Beaty
    4. Brian Kent Tillman
    5. Seth J. Bloom
    5 lawyer answers

    To answer your "additional info" question, since it hints that you'll be seeking to have counsel appointed, you should know that appointed attorneys do not do the administrative license revocations on DWI cases. Counsel may be appointed on a criminal case, because there is at least, theoretically, a chance of jail time. The ALR hearing is not criminal but administrative. They affect only your license, so you don't get appointed counsel for that. The good news is that you don't need a lawyer...

    1 lawyer agreed with this answer

  10. I had 2 DUI'S in the early 80's. I live in Texas. I paid the price. I need to be employed and this is a hinderance.

    Answered over 3 years ago.

    1. Brian Kent Tillman
    2. Cynthia Russell Henley
    3. W. Scott Hanken
    3 lawyer answers

    I hate to say it but the answer in Texas is no. If you were convicted, that's the end of the discussion. Many people certainly agree with you, because the truth is DWI's were neither handled nor perceived the same way back then, and were taken even less seriously further back. Your situation in today's awful economy is one of the hard selling points I make to clients regarding fighting cases with a mind to expunction later. Back when the economy was hot, it made less of a difference. Now,...

    1 lawyer agreed with this answer