David B. Frank’s Answers

David B. Frank

Austin DUI / DWI Attorney.

Contributor Level 8
  1. What happens after I get a signed order of Expungment in Texas?

    Answered 8 months ago.

    1. Eric Christian Cummings
    2. David B. Frank
    3. Gene Raymond Beaty
    4. Todd Gregory Lehn
    5. Nathaniel Munier
    5 lawyer answers

    A valid Texas Expunction Order requires Texas public agencies that are listed in the Order to remove or destroy your arrest record. As soon as the Order is signed by a judge, you have the legal right to deny the occurrence of the arrest but the physical removal of the records from databases and file folders may take a few months. Your attorney should contact the District Clerk's Office periodically to ensure that every agency that received the Order has complied with it either by physically...

    7 lawyers agreed with this answer

  2. Can I get crimes for Aggravated Robbery (4 counts), and 2 counts of Burglary of a habitation, sealed or expunged?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Carmine John Giardino
    3. Paul Holt Walcutt
    4. David Daniel White
    5. David B. Frank
    5 lawyer answers

    I'm afraid you may be saddled with these convictions. If you spent time in prison for these felonies then you have final convictions which can neither be sealed nor expunged.

    6 lawyers agreed with this answer

  3. We hear that people can't pay bound are waiting in jail for over a year to get a public defense lawyer. Is that truth?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. David Daniel White
    3. Joshua Sachs
    4. David B. Frank
    5. Richard Stephen Jaffe
    5 lawyer answers

    I assume that you are asking about the Travis County system for appointing criminal defense lawyers to indigent defendants. Lawyers are appointed almost immediately after arrest in Travis County. The attorney is notified by Court Administration and is required to make contact with their client within 24 hours. If your son has not had any contact with his court-appointed lawyer, you may want to call Court Administration at 512-854-9244. Jail cases usually move along faster than non-jail...

    5 lawyers agreed with this answer

  4. I was charged with a dwi with a b.a.c of .75 and its my first offense will I go to jail?

    Answered over 1 year ago.

    1. David B. Frank
    2. Macy Michelle Jaggers
    3. Evan Edward Pierce-Jones
    3 lawyer answers

    A breath test of .075 means you are off to a good start. The prosecutor assigned to your case will review your Field Sobriety Tests and the officer's incident report before making an initial offer. Depending on the evidence, you might be able to avoid a DWI conviction. This might mean a refile or reduction to a lesser charge or an outright dismissal of the DWI. However, rather than proceeding uner the breath test score, the prosecution could proceed under a theory of impairment. They might...

    4 lawyers agreed with this answer

  5. Will the repercussions of being charged with Public Intoxication be worse if I already have a DUI on my record?

    Answered almost 2 years ago.

    1. David B. Frank
    2. Erin Stephanie Shinn
    3. Paul Holt Walcutt
    4. Slade H. Mclaughlin
    4 lawyer answers

    You do need to be concerned about your new case. If you are on probation for DUI/DWI and you pick up another alcohol related offense, your probation is potentially threatened by the new offense. You should make every effort to seek a dismissal on the Public Intoxication case. I do need to mention that these posts are read by the public including court officers like your probation officer and the Judge so use caution and do not admit that you were drunk. Those statements are not inadmissible...

    3 lawyers agreed with this answer

  6. I'd like to know if it is possible to get a Class C misdemeanor expunged from my criminal record.

    Answered almost 2 years ago.

    1. Evan Edward Pierce-Jones
    2. David B. Frank
    2 lawyer answers

    You cannot "expunge" a Deferred Adjudication but you may be eligible for an Order of Non-Disclosure under § 411.081 of the Texas Government Code. An Order of Non-Disclosure prevents the Texas Department of Public Safety from disclosing your criminal history to most private employers, landlords, and the public. The information may still be maintained by DPS and it can be disclosed to law enforcement and several professional licensing agencies. To be eligible for an Order of Non-Disclosure,...

    3 lawyers agreed with this answer

  7. I was given a DUI in TX, refused breathalyzer, agreed to blood test, but they never drew my blood. why?

    Answered almost 2 years ago.

    1. Lewis Cooper Giles
    2. Erin Stephanie Shinn
    3. Daniel W. Dworin
    4. Stephen A. Gustitis
    5. Paul Holt Walcutt
    6. ···
    7 lawyer answers

    There are a number of reasons that the police did not draw your blood. If a judge believed there was probable cause for the arrest then under current law there would have been probable cause to draw blood. If the blood draw would have occurred more than two hours after the stop the reliability of the test becomes less useful to the prosecution. It may be that the police simply failed to do the blood work in the time allowed and decided not to proceed. I would need to know more but with a...

    2 lawyers agreed with this answer

  8. What is the statute of limitations on Hot Checks?

    Answered over 1 year ago.

    1. M Elizabeth Foley
    2. David B. Frank
    2 lawyer answers

    The statute of limitations is two years. The limitations period begins with the date of the incident. If the case were filed any time within two years from that date then statute of limitations defenses would not apply. It might be helpful to have the handwriting on the checks compared with your own to show that you did not sign the checks. Your first priority should be to have the case dismissed. Feel free to give us a call at telephone number 512-499-0969. David Frank

  9. I witnessed a crime and have been summoned to testify, however I do not wish to be seen by the defendant. How do I proceed?

    Answered almost 3 years ago.

    1. David B. Frank
    2. Charles Elwood Soechting Jr.
    3. Cynthia Russell Henley
    3 lawyer answers

    If you have been subpoenaed to testify in court then you have a legal duty to appear. You can ask a lawyer to attempt to quash the subpoena but based on what you have indicated there may not be a legal basis to quash. The law provides the defendant with the right to confront his accusers which included the right to cross-examine the witnesses in court. The better route might be to indicate your fear and apprehension to the prosecutor. With 29 other eyewitnesses, the prosecutor is going...

  10. If a business closes down and i have a felony from them can it be takin off my record?

    Answered almost 3 years ago.

    1. David B. Frank
    2. Charles Elwood Soechting Jr.
    3. Cynthia Russell Henley
    3 lawyer answers

    If you have been convicted of a felony with regular probation, a penitentiary trip, or even serving time in the county jail under 12.44(a), then your conviction will remain on your permanent criminal record. The fact that the crime was committed against a company that went out of business does not change your status as a felon and you cannot remove a conviction from your record on that basis. The only remedy available to you would be to seek a pardon from the Governor's office which is a very...

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