Austin Criminal Defense Attorney.
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...
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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
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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...
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Both the administrative hearing and a probable cause hearing in court could focus on whether the officers had good cause to stop you. In other words, if the reason they give for pulling you over isn't good enough (it has to be pretty bad), you might keep your license and/or keep the results of the detention (including the officer smelling your breath, arguably) out of evidence, which (depending on the facts) could be a reason to toss out your case. These are only two reasons you should at...
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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.
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...
The charge cannot be dropped at this point, because there's now a plea on file with the court. However, if you completed your deferred adjudication period with no new offenses, and completed the terms of the plea agreement (theft classes, community service, fine, restitution, etc.), then on a case this old you are now eligible to have the record sealed. Sealing the record will notify DPS and other agencies that they may not disseminate the information to the public such as employers and...
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...
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...
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...
