Matthew Lee Byrne’s Answers

Matthew Lee Byrne

Administrative Law Lawyer.

Contributor Level 7
  1. What legal recourse do I have for payment made to me by check and then the check had a stop payment put on it

    Answered over 4 years ago.

    1. Matthew Lee Byrne
    2. Theodore Lyons Araujo
    2 lawyer answers

    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...

    Selected as best answer

  2. Can i do a expungment on a traffic ticket ?

    Answered over 4 years ago.

    1. Matthew Lee Byrne
    2. Shannon Willis Locke
    2 lawyer answers

    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

    4 people marked this answer as helpful

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

    Answered over 4 years ago.

    1. Cynthia Russell Henley
    2. Matthew Lee Byrne
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  4. I got a dui, but the the officers and i all agreed that i was completely sober (Texas) - but i'm under 21.

    Answered over 4 years ago.

    1. Matthew Lee Byrne
    2. Christopher Lee Carlson
    3. Paul Holt Walcutt
    4. John Lawrence Buckley
    4 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered over 3 years ago.

    1. Cynthia Russell Henley
    2. Matthew Lee Byrne
    3. Angela Horwath
    3 lawyer answers

    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.

  6. Are drug patches accurate anywhere and how do i go about fighting a revocation hearing based on them ??

    Answered over 3 years ago.

    1. Matthew Lee Byrne
    2. Cynthia Russell Henley
    2 lawyer answers

    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...

  7. In 2000 i was charged with a state jail felony for forgery. I completed 2 years of deferred adjucation. Can my charge be dropped

    Answered over 3 years ago.

    1. Cynthia Russell Henley
    2. Matthew Lee Byrne
    2 lawyer answers

    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...

  8. 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

    Answered over 3 years ago.

    1. Cynthia Russell Henley
    2. Matthew Lee Byrne
    2 lawyer answers

    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...

  9. Can I sue family for totaling my car?

    Answered over 4 years ago.

    1. Matthew Lee Byrne
    1 lawyer 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...

  10. Can i fly with a felony probation violation

    Answered over 4 years ago.

    1. Matthew Lee Byrne
    1 lawyer 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...