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Thomas Harlan Swain
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Thomas Swain’s Answers

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  • I live in Texas and received a citation for financial responsibility that had just lapsed. Can I get deferred ajudication?

    I live in Texas and my insurance had just lapsed. My little girl was ill and I had to take her to the doctor. I was stopped and cited for no financial responsibility. Is there a way when I go to court that I can ask for deferred disposition and ta...

    Thomas’s Answer

    You probably will not need an SR22 just because of this new citation. If you do, it would be as a result of some other issue. You can check your DL status at the DPS website.

    You will want to make sure you have current insurance before going to court. If your insurance lapsed for a short period of time, I would bring proof of that as well.

    You will likely be able to do a deferred disposition in this kind of case if you wish. Make sure to bring all the proof I mentioned.

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  • Does having a prior drug conviction, a signal 54 If stopped 4 a minor traffic violation. Is that enough probable cause to search

    My boyfriend was pulled over in Brown County Texas for having two riders, 16 & 17, in back of his pickup. Officer asked to search the vehicle for drugs, none found but did find a 22 caliber hunting rifle. Not his but knew it was there

    Thomas’s Answer

    You're boyfriend will need to speak with an attorney to review any 4th Amendment issues. Fortunately, it sounds like he's not dealing with anything more than traffic offenses.

    There are other factors that may or may not have justified a search. Of course, if he consented then the search was probably OK.

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  • I cut the line from i10 entering i45 and got 2 tickets. Do I have hope fighting for any tickets?

    in the line, there was big gap between 2cars because the car in behind did not move so I changed lane and went into the gap. There was no car behind me when I cut the line. Tickets were: changing lanes not in safety and impeding the speed limit/lo...

    Thomas’s Answer

    There's always hope. There are many attorneys handling traffic tickets in Houston who can help you for a reasonable fee. Look around and find one who you think can help you and give their office a call.

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  • What happen's if the victim violates a temporally protection order?

    My x boyfriend had chocked me a few times. I had went to the police station and filed a police report. They finally arrested him for domestic violence. The x boyfriend keeps emailing me and texting me about our son. Asking about the little things,...

    Thomas’s Answer

    The protective order applies to your ex boyfriend not you. All the limitations apply to him. You cannot violat the order.

    If you're curious as to what he can and can't do check the order.

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  • I have a warrant out for my arrest for not paying court cost I moved and never received anything on it.

    I want to know I'm on parole would I get thrown in jail if I want to go talk to a judge about extending paying my fine so I can have it lifted right now that would be a parole violation for having a warrant.

    Thomas’s Answer

    You should call and make arrangements to pay. If this is a criminal offense that occurred during your parole that could be an issue for you. You should contact an attorney in your area for advice.

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  • Does dallas texas probation test for k2

    I am currently on probation and I was offered some k2 I turned it down but I was curious to find out if the state of Texas test for k2.The person that offered it to me is on probation and parole and they smoke it.

    Thomas’s Answer

    I wouldn't take the risk. Even if they don't find it on a test, you will have a problem if they find it on you, in your car, or your home. It's also a problem to be around others who are using it. In the future please do not reveal information like this on a public forum because these statements can be used against you.

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  • I'm being charged with a battery injury, if i plea guilty what are the consequences for immigration, im a permanent resident

    i had an accident with my son on, Jully 5th 2012 ,at that time he was 1 month old, he is my first child , I'm being charge with a battery injury, the DA wants it a felony, and my attorney said i can fight the case to try and bring it down to a mis...

    Thomas’s Answer

    I've moved your question into the immigration category.

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  • I was charged with an mip and minor in consumption at age 17

    I heard that I can go to the judge and ask for the deferred program and get it dismissed after a period of probation. This was my first offense ever, and my last. The arresting police officer recovered a flask off the ground and not from me, howev...

    Thomas’s Answer

    An attorney would be very helpful in advising you on this case. They can evaluate your case and advise you on the possible outcomes. Especially because you have two offenses.

    You can be granted a deferred disposition for this kind of case. Additionally, even if you are convicted for some reason on one case you will be eligible for expunction of these records on your 21st birthday as long as you have no other convictions or deferred dispositions for similar cases.

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  • What kind of lawyer would i need to see if i am being accused of financial exploding vulnerable adult

    served with papers from APS ADULT PROTECTIVE SERVICES

    Thomas’s Answer

    A criminal defense attorney who is familiar with this particular area. This looks like a fairly specialized area.

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  • Is it legal for officers to drop you off 2oo miles from home if you get bailed out

    my son was being taken to Travis county Texas and officers from Travis county got a call stating my son had made bail so they pulled over at a gas station and let him out 2 hours from Angelina county

    Thomas’s Answer

    This is not a criminal defense question. I've moved this question to a different category. Seems that the most important issue was whether or not your son was left in a safe area and if not what kind of harm he suffered.

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