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Bristol C. Myers

Bristol Myers’s Answers

40 total

  • What is the maximum time someone can do that has a felony 3 for unlawful carrying of a gun and an application to revoke probatio

    Had 7 years probation. Served three and then brother died. Violated probation and served a few months. After release girlfriend was pregnant and on the streets. He got behind in monies owed and quit going because he could not pay. How much do lawy...

    Bristol’s Answer

    The maximum sentence that he could receive is 10 years for the gun (3rd degree felony is 2-10 yrs and up to $10,000 fine), plus whatever he is sentenced to if his probation is revoked. Those sentences could be ordered to run consecutively ("stacked"), which would be unusual but not unheard of, depending on the county his cases are in, the judge's sentencing tendencies, and the nature of the probated offense.
    Quality representation is not cheap and will run you thousands of dollars, but getting an exact price via the internet will be hard as it is too risky for a lawyer to quote a fee without knowing a whole lot more about the details of the case.

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  • What type of lawyer should I hire to file a Federal Writ 2254 for a state inmate?

    Also what is the time limit to file such writ. I have been given 3 different answers by 3 different lawyers. One said one year limit, another said one year and 30 days, and last one said one year and 90 days. Which one is it? I hired ...

    Bristol’s Answer

    It's one year. When that year begins depends on what your reason for relief is. Here's the law:
    28 USC 2244 (d)
    (1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of—
    (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
    (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;
    (C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
    (D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
    (2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.

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  • Does the dea have probable cause to search for spice if they find credit card record of purchase from gas pipe?

    Can they arrest or convict if they do not find any product in your possession?

    Bristol’s Answer

    Too much information is missing from your question to provide a complete answer. How has the DEA come across this credit card record? What led them to look for it in the first place? When in relation to their intended search did they find it? Where in relation to the place or person to be searched did they find it? I could go on and on, but I think you get the idea: BY ITSELF it is highly unlikely a credit card record would support probable cause, but placed into the right circumstances it certainly can be supportive of probable cause.

    The analysis related to "possession" is much the same. You don't have to be physically holding an object to possess it, and so it will depend on the very specific circumstances of each case to determine if there are sufficient "affirmatively links" between a person and an item to support probable cause to arrest, or to sustain a conviction for possessing the item.

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  • I get a midemeanor (A) for burglary of vehicle. I am looking for lawyer to help me.

    I am French, I did two days of jail and my bound of 5000$ has been paid. I just whant to avoid the jail and to fix this quickly, to be able to go back in France. Do you know how much it would cost me to have recourse to a lawyer? Eventually is ...

    Bristol’s Answer

    If the case is pending in Austin, there will be multiple court dates that can be handled by your lawyer and do not require you to be physically present in court. The case could take anywhere from 3 months to over a year to resolve depending on your objectives and how aggressively the prosecutor pursues the case. I have helped a number of foreign citizens and Americans living abroad resolve their cases in Travis County without requiring a lot of travel, and in many of those cases, the fact my client lived outside the United States and was unlikely to return was actually viewed as a positive circumstance in working out a deal with the prosecution.

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  • Driving a Company Car with IID on Personal Car?

    I have a class B misdemeanor for Obstruction and a 6-month IID. DWI was reduce to Obstruction. I'm in sales and have a company car. Since this is an Obstruction charge and not a DWI, is it okay to drive a company car for business and then personal...

    Bristol’s Answer

    • Selected as best answer

    Texas Code of Criminal Procedure Article 42.12 §13(i), which deals specifically with IID requirements on DWI probations, allows an "employment exemption" from the IID requirement if you are: 1) required to operate an employer-owned vehicle as part of your job, 2) your employer has been notified of your IID requirement, and 3) proof of notice to your employer is with the vehicle. This exception does not apply to the self-employed. There is a similar provision for employer-owned vehicles in the Transportation Code dealing with Occupational Driver's Licenses.

    Because you were only convicted of Obstruction of a Passageway and not DWI, there is an even stronger argument that you should be allowed to drive the employer-owned vehicle without IID.

    Most courts have standard forms for conditions of probation that do not make reference to the employer exemption, and simply prohibit any driving without the IID.

    It would be wise to file a motion modify your conditions of probation and have a hearing with the court to specifically permit this type of operation.

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  • A friend who co-owns a company discovered that her partner has been engaging in illegal business acts. Is she liable too?

    My friend who discovered her partner has been doing illegal financial acts, thinks she is not also legally liable for her partner's actions. I am worried that my friend could also go to jail for this. She confronted her partner and informed her ...

    Bristol’s Answer

    The first step in all of this is to determine whether or not the co-owner's actions are truly illegal from both a civil and criminal perspective. That alone merits consulting with an attorney. Assuming that the acts are criminal, there isn't a great likelihood of your friend being found culpable for the past acts unless your friend was aware of the situation and assisted in carrying out the crime. However, still assuming the acts are criminal, if they are ongoing, your friend is now aware. The longer she does nothing, the harder it will be for her to deny having a role in the crimes. And FYI if we're talking a dollar figure over $1,500.00 taken from employees, then it's a felony, and the potential prison time increases depending on the amount taken. On the civil side, even though this appears to be a small, closely-held corporation, your friend probably owes a fiduciary duty to the company to take steps to stop what is going on. The dispute between the co-owners over what's happening may also necessitate changes to the corporate structure, a buy-out, etc.

    In short, the head-in-sand approach is probably the worst choice for your friend.

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  • How can two people be charged for POCS (the same drug/.2 gram of meth) - even though one of them told the cops it was hers?

    Austin PD served a search warrant on my home looking for heroin and cash. They found no heroin, no cash and only found .2 grams of meth (which wasn't mentioned/listed in the search warrant). My wife told the lead detective that it was her meth a...

    Bristol’s Answer

    There is a difference between actual possession and constructive possession. Multiple people can possess the same object, and most often that type of possession is constructive: neither is actually holding the item but both are aware of its presence and are capable of exercising control over the item.

    Your wife's claim of ownership does not (by itself) impact possession. But it may be helpful depending on other facts surrounding the incident.

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  • Should I pursue early release for deferred adjudication probation and what are chances.

    Received 2 years probation on deferred adjudication -obstruction of highway Travis County. Have completed 1 1/2 years. Also completed all classes, community Service, and paid all fines, made all appointments. Is it worth pursuing at this stage ...

    Bristol’s Answer

    • Selected as best answer

    A judge can release you from Deferred Adjudication at any time, as opposed to regular probation, for which you must serve at least 1/3 of your term. Even so, when a DWI was the underlying offense, most judges in Travis County will make you serve at least half the term, whether you are on deferred adjudication or not. Assuming you have no other criminal history and assuming all else has gone well during your term of supervision, you've probably got a good shot at getting off early.

    Once a motion for early discharge is made, adult probation will want 30 days to reply and prepare a report for the judge recommending whether to grant release or not. Probation recommends "no" a lot, but most judges in Travis County will decide for themselves, and I've had several grant early discharge when probation was opposed.

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  • I was recently arrested for suspicion of DWI, although I felt totally sober. Did my eagerness to prove my innocence hurt me?

    New cop and his trainer stopped me- failure to use turn sig. He smells alcohol. I admitted to 4-5 beers, but several hours earlier. He asks me to step out of car and submit a field sobriety. I felt sober and was eager to prove it. How...

    Bristol’s Answer

    To answer your question, your eagerness to prove your innocence probably helped you here. I'm not one to encourage a lot of cooperation with the police, particularly when they suspect you of a crime. But in my experience, most people who come to me with a BAC of .09 end up looking pretty sober on the patrol car video. The fact that you had a rookie administering the field tests is an added bonus because they tend to be nervous themselves, make mistakes that can cast doubt on the tests, and make poor witnesses in court. The .09 BAC is low enough that there are a couple of ways to cast doubt on it, especially if you look sober on the video. You definitely do not want to go it alone in court. Lawyer up. Doing so will save you lots of time and frustration navigating the system, and just might save your driver's license and keep you from having a DWI on your record.

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