Robert L. Keates’s Answers

Robert L. Keates

Austin Criminal Defense Attorney.

Contributor Level 12
  1. I was sober a had sex with drunk girl above legal age

    Answered about 1 year ago.

    1. Jared Seth Robinson
    2. Robert L. Keates
    3. Billy Jack Stovall II
    4. Spencer James Cahoon
    5. Kevin Rindler Madison
    6. ···
    6 lawyer answers

    It would be about consent, and whether she consented to it or not.

    17 lawyers agreed with this answer

  2. Wrecked car with passenger child, took sleep med after dinner with wine, hosital took blood. faced with dwi with minor

    Answered about 1 year ago.

    1. Macy Michelle Jaggers
    2. Doyle Wayne Neighbours
    3. David Daniel White
    4. Robert L. Keates
    5. Derek Anthony Patrin
    6. ···
    6 lawyer answers

    DWI with minor would be a felony. DWI would still apply if it's alcohol, drugs, or a mix, as long as the prosecutor can prove the offense.

    9 lawyers agreed with this answer

  3. Texas Suspension for out of state dwi conviction - hearing request

    Answered about 1 year ago.

    1. Robert L. Keates
    2. David N. Smith
    3. Elizabeth B Carpenter
    3 lawyer answers

    The first step is to make sure your address that's listed with DPS is accurate. They don't forward mail, so it if's not accurate, any suspension notices will be returned to them, AND you will miss the 15 day deadline to a hearing. You'll want to set up a consultation with at least one DWI attorney in the area about fighting the ALR hearing if/when DPS suspends your license - - ahead of time, just to be safe.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. What does "it is a defense to prosecution" mean exactly?

    Answered about 1 year ago.

    1. Robert L. Keates
    2. JaPaula C Kemp
    3. Jennifer L. Ellis
    3 lawyer answers

    Defense and Affirmative Defenses do not mean the prosecution cannot charge you, or even convict you. They are defenses for a Jury to consider at trial. I've had a lot of cases where the prosecutor disagrees about whether a defense is viable, so we go to trial. But, in other cases, they dismiss. Depends on the facts of your case. Affirmative Defense means that you and your attorney must prove the defense to the jury; the burden is on you to prove it, rather than the typical defense,...

    8 lawyers agreed with this answer

  5. Expung. Criminal Record - Is this possible? If so, should we pursue all at once or the distant records first.

    Answered over 1 year ago.

    1. Robert L. Keates
    2. Macy Michelle Jaggers
    3. Edward Brandon Beckham
    3 lawyer answers

    If the case(s) ended in a Conviction, then the only option for the offenses listed is a Governor's Pardon. If the cases above were Deferred Adjudication, then there is a possibility of a Motion for NonDisclosure. I've listed two links with more information below, and the second one (Expunction Calculator) will take you through the options for your specific cases.

    Selected as best answer

  6. Why boyfriend is in jail and is waiting to be sentenced by a judge in court.

    Answered about 1 year ago.

    1. Robert L. Keates
    2. JaPaula C Kemp
    3. Jared Seth Robinson
    3 lawyer answers

    1) He would need to hire another attorney. He only gets one shot at Court Appointed. 2) He can hire a new attorney at any point, so there should be no wait. 3) Motions will still be pending on the case with a new attorney. 4) DNA can take a LONG time, if it's even tested. Fingerprints should be pretty quick. 5) Dismissal is up to only the prosecutor. If they feel there's evidence sufficient to move forward, the case will proceed.

    6 lawyers agreed with this answer

  7. Shoplifting at kohls, round rock texas, $40 fashion jewelry, what to do?

    Answered about 1 year ago.

    1. Robert L. Keates
    2. Cynthia Russell Henley
    3. D K Kevin Dugan
    4. Stephen Andrew Hamer
    5. Stephen C. Cooper
    5 lawyer answers

    If you're not a citizen DO NOT PAY THE FINE. A theft conviction even at the Class C level is cause serious issues with immigration if you ever plan on trying to become a citizen. Hire a local Williamson County attorney to work on the case and negotiate a dismissal.

    6 lawyers agreed with this answer

  8. DUI in Ohio and arrested for DWI last week in Texas

    Answered about 1 year ago.

    1. Robert L. Keates
    2. Andrew Stephen Roberts
    3. James C Forslund
    3 lawyer answers

    If you have an attorney, obviously he/shje's the best source of info -- since he/she has reports, etc... Go to AAs and you might want to consider DWI classes upfront, while the case is pending. To answer your other question, the DWI will count if they find it on your RAP.

    6 lawyers agreed with this answer

  9. What is the penalty for driving without the interlock device in Austin Tx

    Answered over 1 year ago.

    1. Deepali Meenu Walters
    2. Robert L. Keates
    3. Gene Raymond Beaty
    4. Ethan Patrick Meaney
    4 lawyer answers

    Penalty would be from 0 days in jail (and possible rehab/outpatient) up to the maximum that you signed on for with probation. When you plead on the case, the Judge would have capped the penalty (for instance 6 months jail, probated for 4 years).

    6 lawyers agreed with this answer

  10. Felony 3rd DWI or more in Texas...Will I go to prison?

    Answered over 1 year ago.

    1. Robert L. Keates
    2. Gene Raymond Beaty
    3. David N. Smith
    4. Frank W. Bryan Jr.
    5. Diana Elizabeth Buss
    6. ···
    6 lawyer answers

    With what you wrote, it'll be an uphill battle to avoid jail time unless there are significant issues with the evidence in the 3rd DWI. Look into a residential rehab program and get into it. Get a local lawyer and let them show the Judge you're getting help, and try to negotiate for another shot at probation.

    6 lawyers agreed with this answer