Matthew Wayne Shrum's Answers

Matthew Wayne Shrum
Austin Criminal Defense Attorney.
Contributor Level 3

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Attorney answers:

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

Can I press charges on someone who assaulted me on my porch that ended in a fist fight?

Asked by a user in Houston, TX - 4 days ago.

"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 "...

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Attorney answers:

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

Can you join the army with a deferred misdemeanor

Asked by a user in Houston, TX - 5 days ago.

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...

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Attorney answers:

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

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

Asked by a user in Coppell, TX - 6 days ago.

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...

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Attorney answers:

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

Pled guilty, possible to get a retrial?

Asked by a user in Plainview, TX - 7 days ago.

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.

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Attorney answers:

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

Is DUI Blood Alcohol content Public Info?

Asked by a user in Houston, TX - 7 days ago.

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

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Attorney answers:

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

3RD DWI??? PLEASE HELP?

Asked by a user in Deer Park, TX - 11 days ago.

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