Skip to main content
Matthew Lee Byrne

Matthew Byrne’s Answers

13 total


  • If I been arrested on a charged theft crime but haven't been to court yet will that show on my employment background check

    And is considered a conviction if I had a bond?

    Matthew’s Answer

    Currently, if you do have a DPS record, it should read: "Disposition: Held", as opposed to convicted, dismissed, etc. "Held" simply means that your were held, that is, arrested.

    So, yes to your first question, no to your second.

    You need to hire a lawyer or apply for an appointment with the court to deal with your pending case.

    See question 
  • Are drug patches accurate anywhere and how do i go about fighting a revocation hearing based on them ??

    i took a hair folicule test which showed that i was telling the truth but they want to go ahead with a revocation hearing, now what

    Matthew’s Answer

    By "they" you mean probation? If so it's still up to the prosecutor to decide whether to file or not, based on probation's recommendation/request for revocation.

    Either way, you need to hire a lawyer, unfortunately. The court typically won't appoint an attorney on a revocation. A lawyer can speak with the prosecutor, present your side of the story and note the hair follicle test (which typically is more accurate and goes back further than a patch, depending on the substance). If the motion hasn't been filed, he or she can potentially keep it from reaching that point.

    Good luck.

    Matt
    (512) 703-0703
    www.MatthewByrneLaw.com

    See question 
  • I was arrested almost 6 months ago for a DWI. I refused a breathalyzer and was arrested. I got out on a PR bond and hired a

    lawyer. We watched the video together, it had no sound and I was not visibly intoxicated in the video. The prosecutor has given us an offer of making the DWI a Class B Misdemeanor and allowing deferred adjudication. I want this completely off of m...

    Matthew’s Answer

    Ms. Henley is correct that you need to have your lawyer clear things up. *If* it's really going to be deferred, then the offer is probably to reduce the charge to obstructing a highway or the like. As she said, there's no deferred for DWI.

    One more thing: the deferred will be on your record for 2 years before you can have it sealed. After that, DPS and other agencies will keep the records and may use them in a future prosecution (e.g., second DWI, a Class A), but they will not disclose them to the public.

    ~~~
    Disclaimer: The information in this advertisement is based solely on practice and procedures in the criminal courts of Travis County and is not legal advice. If facing prosecution you should retain a qualified attorney as soon as possible to ensure that your rights are protected.

    See question 
  • What legal recourse do I have for payment made to me by check and then the check had a stop payment put on it

    The check was for payment for my service for helping complete the 2 tree trimming jobs that we both finished together. I am currently trying to get statements from both clients stating that I was on there property working to complete those 2 jobs ...

    Matthew’s Answer

    • Selected as best answer

    Depending on the amount owed, small claims court (JP court) might be your best bet. (I'd have other questions if I were representing you, which is why I'm not, solely on the basis of this answer, and why you shouldn't construe my answer as legal advice.)

    JP court is made for this sort of thing, where it's more expensive to hire a lawyer than you may recover. It won't be the first time the court has seen similar facts (and probably not the first time that week). Small claims is very informal. Most of the judges aren't even lawyers, and you'll be able to tell your side of the story without be cross examined by an attorney. Get those letters, and tell the judge what you've written here.

    First, though, if possible, talk to your business partner. Maybe he has the money now, or will come up with it if you tell him you'll be suing.

    Failing that, pay a visit to the JP court clerk, ask about filing fees (usually

    See question 
  • Can i do a expungment on a traffic ticket ?

    Can i do a expungment on a traffic ticket ? on 2009 i receieved a speeding ticket going over 15 miles the posted speed i couldnt go to traffic school becouse i had gone all ready for also another spending ticket the same year same state would it...

    Matthew’s Answer

    If you were convicted, no expunction. You say you were ineligible for defensive driving, so it sounds like you didn't get deferred adjudication, didn't get the ticket dismissed, and are not eligible for an expunction or non-disclosure.

    If it's a Travis County case, and you're able to provide your disposition, or at least a cause number, I can run it down for you and let you know your eligibility free of charge and with no obligation.

    Take care,
    Matt

    See question 
  • Is intoxication a potential defense to shoplifting?

    My significant other who has a tested iq of 75 randomly grabbed a bunch of cds and stuffed them in her purse on the way home from a dental appointment where she was injected with something. The most likely candidate would have involved heart raci...

    Matthew’s Answer

    Your significant other's mental impairment and possibly involuntary intoxication are very, very important factors in her case. For example, these two facts should be taken into consideration by the prosecutor who will decide whether to pursue the charges. Indeed, depending on her state of mind at the time, she may not have had the necessary mental state to be guilty of the crime at all. This would be a defense. At the very least, these two factors should affect her sentence, should it come to that.

    She, and possibly you, need to consult an Atlanta criminal defense lawyer. I can't give you good advice over the internet, and in any case you need to consult a Georgia attorney because the law on self-defense differs from state to state. The court will give her counsel if she can't afford to hire someone -- and the Atlanta public defenders tend to be very dedicated and have a reputation for being very effective.

    I do recommend that you talk with her significant other's attorney, whether they are hired or appointed, and giving them as much information as you can about her impairments and how they affect her life. Also, tell her lawyer about the dentistry drugs she was on - the lawyer will be able to find out what drug it was and what effect it may have had on her.

    Good luck to you both.

    ~~~

    Disclaimer: This Avvo Answers post is not legal advice and not form an attorney-client relationship. Criminal defendants must consult a qualified attorney for advice and representation.

    ~~~

    See question 
  • How long can the state reset my trial date? The state has reset the court date 3 times already.

    My attorney charges $300 for a court appearance but we walk in and the prosecution requests a reset date and he agrees. They offered me a plea but I declined because I am 100% innocent and they have no case. It feels like we are giving them time...

    Matthew’s Answer

    Ms. Henley is correct: flat trial fees are fairly common, especially in misdemeanor cases.

    Before speaking to another lawyer, though, I'd recommend raising your concerns and dissatisfaction with your current attorney. It's possible, likely even, that he'd be more than willing to change your payment arrangement (ask for a flat fee from here on out, and a new written contract). Also consider the time and expense of bringing another lawyer up to speed on your case.

    Regarding your concerns with giving the State more time: Your lawyer may have strategic reasons for agreeing to the resets. Talk to him or her about this, and ask her to explain your speedy trial rights.

    ~~~

    Disclaimer: This Avvo Answers post is not legal advice, does not constitute a consultation, and forms no attorney-client relationship. A criminal defendant should consult a defense attorney for legal advice and representation.

    ~~~

    See question 
  • Can I sue family for totaling my car?

    My brother in law drove my car after I told him not to because it was starting to hail. He was speeding and totaled my car. According to the police report he was speeding and being reckless. He admitted to me his brother and father that he was tol...

    Matthew’s Answer

    Under the law the important question isn't whether he's family, but rather whether he had permission to use the vehicle or was on the policy.

    If your brother has the right kind of car insurance, you may be able to sue him in name, bring in the insurance company (which he should probably do), and recover from the co. It happens all the time that children "sue" their parents in order to recover medical expenses from the ins. co. when the parent was driving and was the company accepts liability.

    You may have a case; it's not possible to tell without more information. If you're serious about moving forward contact me and I'll refer you to an excellent lawyer for your situation - he'll offer a free consultation if you let him know I sent you.

    Disclaimer: The information in this Avvo Answers post is not legal advice. Persons harmed by another's actions who are considering civil proceedings should consult a qualified attorney.

    See question 
  • Can i fly with a felony probation violation

    i want to travel to alaska and failed a ua

    Matthew’s Answer

    Sorry for the vague answer, but it all depends on the conditions of your probation, and possibly on your relationship with your PO. I'd guess that out-of-state travel is prohibited without permission from the probation office, but that your officer can give you permission based on your reasons for travelling and your history while under supervision.

    Failing the UA does work against you here, especially if you're on probation for a drug crime. In fact, you might be more concerned with being violated than asking for a travel pass.

    That's not to say that your PO won't grant you travel, but that you need to make your best case with him or her (regarding both the travel and your dirty test) . A lawyer can help you make this pitch, but if you have a good relationship with the PO - which you should cultivate in any case - there's nothing stopping you from talking with them yourself.

    If you don't get permission from probation, you may be able to petition the court. This would almost definitely require hiring a lawyer.

    See question