Matthew Wayne Shrum’s Answers

Matthew Wayne Shrum

Austin Criminal Defense Attorney.

Contributor Level 3
  1. Can I press charges on someone who assaulted me on my porch that ended in a fist fight?

    Answered about 2 years ago.

    1. Matthew Wayne Shrum
    2. Curtis Lamar Harrington Jr
    3. Mark M Cheser
    4. James Regan
    4 lawyer answers

    "Pressing" charges is really not what you can do. You can call the police and make a report of what you're describing. Then it's up to the cops to decide whether there is enough evidence to establish probable cause. Actually, if they think that there is, they have to present it to a judge who makes the decision about whether probable cause has been established by the sworn statements that the cops are presenting. If the judge thinks probable cause has been established then charges would be "...

    Selected as best answer

  2. Can you join the army with a deferred misdemeanor

    Answered about 2 years ago.

    1. Matthew Wayne Shrum
    2. Jodi Soyars
    3. Jeffrey Scott Davis
    3 lawyer answers

    My experience in representing people who are trying to join the military is that this type of thing will not prevent you from joining. You should however get a copy of your criminal history, which you can order via Texas DPS, and find out exactly what your record says about the disposition of the case. If it was dismissed after a deferred adjudication probation, then you can eventually get it sealed via a non-disclosure but a 90 day "probation" sounds more like it was reduced to a class C...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. My husband has a DWI in Texas, can he get it removed?

    Answered about 2 years ago.

    1. Matthew Wayne Shrum
    2. Gene Raymond Beaty
    3. Jodi Soyars
    4. James Richard Butler
    4 lawyer answers

    Before you can answer whether or not the record of any of those charges can be removed you need to be able to say exactly how they were disposed. In other words, was he convicted or not. He should start by getting a copy of his criminal history from Texas DPS which he can do on-line or at a DPS office. If a charge results in a conviction it is not eligible for expunction or non-disclosure. The only way to get a conviction off of your record is by a pardon. Law Office of Matthew Shrum...

    2 lawyers agreed with this answer

  4. Is DUI Blood Alcohol content Public Info?

    Answered about 2 years ago.

    1. Kimberly F. Minick
    2. Matthew Wayne Shrum
    3. Jodi Soyars
    3 lawyer answers

    If it is a blood sample, it is not likely to be public as blood results take a relatively long time to get and therefore are not in the offense report or probable cause affidavit. Breath test results are commonly put in the probable cause affidavit which is easily accessible by the public and media. Shrum Law Office 505 W. 15th Street Austin, TX 78701 512-447-2323

    2 lawyers agreed with this answer

  5. My question is do i check the box on any application when they ask have I ever been convicted of a crime?

    Answered about 2 years ago.

    1. Jodi Soyars
    2. Eric Joe Benavides
    3. Matthew Wayne Shrum
    4. Mark M Cheser
    4 lawyer answers

    The other answers here are correct. If you completed the deferred adjudication successfully, then it was dismissed and you were not convicted. I would only add that you need to be very sure that it was dismissed. If there's any uncertainty about it, then get a copy of your criminal history or a copy of the disposition from the county or district clerk where the case was pending. If it was dismissed, it may be eligible for a non-disclosure which would seal the record of the charge from the...

    1 lawyer agreed with this answer

  6. Pled guilty, possible to get a retrial?

    Answered about 2 years ago.

    1. Jodi Soyars
    2. Vance W. Hinds
    3. Matthew Wayne Shrum
    4. Rodney Richard Rusca
    5. Parker Evan Bornmann
    5 lawyer answers

    If you already pled guilty to it, it is pretty much water under the bridge and it's on your record unless you get a pardon. The only other option that I can think of is that you convince the prosecutors and the judge to grant you a "new trial" so that you could renegotiate the plea agreement to a deferred adjudication or something else that would result in a dismissal.

    1 lawyer agreed with this answer

  7. Is there a deferred option for a Class C Misdemeanor Assault charge?

    Answered about 2 years ago.

    1. M Elizabeth Foley
    2. David Daniel White
    3. Matthew Wayne Shrum
    3 lawyer answers

    Yes there is a deferred option that could result in a dismissal. It is called deferred disposition. Typically any class C misdemeanor prosecutor will offer a deferred disposition on a class C unless there is something really bad about the charge. You have to pay a fine and court costs and likely have to satisfy some other conditions like taking a class or doing community service. You would plead not guilty, then talk to the prosecutors and ask for a deferred disposition... or have an...

  8. 3RD DWI??? PLEASE HELP?

    Answered about 2 years ago.

    1. Paul F. Tu
    2. Stephen Neil Foster
    3. Matthew Wayne Shrum
    3 lawyer answers

    It sounds like he violated a bond condition, perhaps the scram device detected alcohol, and they revoked his bond, issued a warrant, and arrested him. Since it's a felony, the judge could choose to not set a new bond until his next court setting and it could be very high. A third DWI is a third degree felony which carries a max jail punishment of 10 years in prison. Shrum Law Office 505 W. 15th Street Austin, Texas 78701 512-447-2323