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William Raburn Mitchell

William Mitchell’s Answers

15 total


  • What is the statute of limitations on Hot Checks in the state of Texas?

    I recently received a letter from Texas stating I have a warrant for Hot checks ($1500). When I called I stated that I had no money. The Checks were written in November 1999. I live out of state and just trying to get answers.

    William’s Answer

    Any Theft over $1500 is a felony. More information is needed but if there is a warrant active for you, it is possible that your case has been filed. The Statute of Limitations defense depends largely when that filing occurred. In Austin, lawyers can get warrants removed by a walk through process with a personal bond. You certainly need a lawyer to handle this. Theft is a crime of moral turpitude with serious collateral consequences and a felony conviction is also very detrimental.

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  • Texas, a domestic assault case was investigated, ten days later no warrant has been issued, how long before an arrest is made ?

    911 call. No suspect present. No arrest made. No charges filed by caller. 

    William’s Answer

    Not uncommon for an investigation to occur prior to the filing of criminal charges. It is not in the suspect's interest to speak to any detective or police officer without a lawyer. Prosecutors must file the criminal case within two years of the date of the incident or their barred by the statute of limitations.

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  • How long is jail time for writing a hot check and if I serve it will I have to pay bail?

    it sounds like non-arrest bonds for hot checks are around $500, is this true and if so could I just choose to take the jail time and then pay the fee and be done with it? I have a high respect for the law and have never been in trouble before so I...

    William’s Answer

    A little more information on this would be helpful. However, Theft in any amount over $500 and less than $1500 is a Class A misdemeanor. Class A misdemeanors carry a maximum punishment of a year in county jail and a $4000 fine or both. Additionally, Theft is a crime of moral turpitude that can have serious collateral consequences if you are convicted. You need a lawyer to handle these to make sure you are treated fairly and a conviction is avoided if possible. Just serving jail time is likely not in your best interest as that would mean you accepted a conviction. A lawyer can also handle the warrant question and see about a personal bond to help you save a little money if you qualify. As far as the payment plan goes, that is unlikely, but it is possible to get you more time by resetting your case month to month to get everything together.

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  • What is the difference between a DWI and an open container? Is one a felony and the other not?

    just a question.

    William’s Answer

    • Selected as best answer

    DWI means "driving while intoxicated". Intoxicated means not having the normal use of your mental and physical faculties because of the introduction of alcohol or drugs into your body; or having a BAC of .08 or greater. A first offense DWI is a class B, punishable by up to 6 months in jail and/or a $2000 fine. An open container is a fine only (no jail and can't be arrested for) ticket for riding in a vehicle with an open alcohol container. Anyone in the vehicle can receive a citation for Open Container. If you receive a DWI with an open container, it doesn't enhance the DWI charge, only the minimum days in jail you receive.

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  • Was arrested for DWI with level 0.7. Under the legal limit.

    Why was I charged? I was pulled over for head light out.

    William’s Answer

    As an attorney who primarily handles DWI cases, this is not uncommon. One thing you have to remember, you didn't take the breath test until you had already been arrested. If the officer promised to release you if you blew under, then he violated the law by not following the statutory guidelines of requesting a breath sample. You HAVE to hire a DWI defense attorney. The State will attempt to perform what is called "retrograde extrapolation" (RE) to show that you were over a .08 at the time of driving. RE should never be admitted at the trial court, but Judges do let it in if the State can show certain facts about your body weight, time of first drink, and time of last drink. Only a DWI attorney with training and experience in this scientific area will be able to properly defend you in my opinion. In Texas, you can be found guilty of DWI 3 different ways. 1) Losing the normal use of your mental faculties; 2) Losing the normal use of your physical faculties; and 3) having a BAC greater than .08. The State will still prosecute cases under the legal limit if they can prove 1 or 2 above.

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  • I served 120 days in jail as requirement to get DWI probation. I violated my probation after 7 1/2 yrs. and now sent to prison.

    Was sentenced to 10 yr. probation for 3 DWIs and a requirement to get probation I had to serve 120 days in jail. After 7 1/2 going to probation I stopped going to probation because I got messed up again. My question is, can my 120 days spent in ...

    William’s Answer

    It will be at the Judge's discretion to give you credit for the time you served on shock probation.

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  • How do i get occupational drivers license in texas

    how do you get an occupational drivers license in the state of texas

    William’s Answer

    Getting an ODL is something you should hire an attorney to complete on your behalf. It is not simple and may require skilled and trained advocacy to secure. You may petition the county court for an ODL in the county in which you reside or the county where your case is pending. There will be a filing fee. You also need to show proof you have obtained SR22 insurance and proof of employment. Each court is different, but many require a letter from your employer stating times you typically drive. You are limited to driving no more than 12 hours in a 24 hour period. Most ODLs have specific times listed in them like 7am to 7pm, etc.

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  • My boyfriend was arrested with a POSS CS PG1<1G

    My boyfriend was arrested with a POSS CS PG1<1G He's currently on a shock probation for 3 years with a AG 10 yrs he's only 10 months into it for an ag assult. what are his chances for release?

    William’s Answer

    It is no secret that Williamson County is very tough on criminal defendants. They're even tougher on those who are found to have violated felony probation. The short answer to your question is that his chances are very slim. It really depends if he is on deferred adjudication or straight probation for the Agg Assault. When someone is on probation/deferred adjudication for an offense, and they subsequently get arrested for another offense, the State will file a Motion to Revoke Probation/Motion to Adjudicate Guilt of the underlying charge which will trigger another warrant. While your boyfriend can make bond on the POCS, very seldom will a District Court Judge set a bond on a felony Motion to Revoke. The has to set a bond on a Motion to Adjudicate (for those serving Deferred Adjudication) but in Williamson County, you can bet the Judge will set the bond at an amount that is too high to make. Even if your boyfriend had a lawyer review his new POCS case, and win it, it would be completely separate from the Motion to Adjudicate. Hypothetically, if a lawyer representing your boyfriend on the POCS were to argue successfully an illegal search and get the POCS case dismissed, your boyfriend does not get the same Fourth Amendment protection in a Motion to Adjudicate. Consider this, while on probation, your boyfriend must always consent to searches by his probation officer at home or at his place of business. It is very likely that the State would still be able to use that illegally obtained evidence in the Motion to Adjudicate. Hiring an experienced lawyer in this matter is very important, especially in a county that prides itself on long prison terms. If your boyfriend is serving a deferred adjudication, he will be exposed to 20 years in prison.

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  • I was given a speeding ticket and choose deferred adjudication I was given a DWI charge a month later- Is this going to affect?

    In my deferred adjudication paper says commit no offense against the state of texas for 92 days. Need Help!

    William’s Answer

    Legally, the deferred adjudication on the speeding ticket is the least of your troubles. Although you have been charged with DWI, you have not been convicted. It is very unlikely that your DWI will be resolved in the next couple of months depending on your jurisdiction. Most courts will run your driving record prior to granting the dismissal on the speeding ticket, and they will see a DPS contact for either refusing to provide a breath/blood sample or failing the .08 standard. That will cue the court to your pending criminal matter in county court. At that time, the court will have to make a determination if you violated the laws of Texas and then accordingly, take the necessary action with regard to your speeding ticket. Certainly you have an argument that you have not been convicted of anything and so they should still dismiss your speeding ticket, but the burden of proof for deciding if you violated the terms of your deferred is much less than the beyond a reasonable doubt standard in your DWI case. My advice would be to go talk to a lawyer immediately, if you haven't already, and have him or her get to work on how to keep a DWI off your record because it will adversely affect you much more than the speeding ticket.

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  • What is the difference between PTR settings and PTRC settings?

    How many PTR settings can you have before you must make a plea or have trial?

    William’s Answer

    • Selected as best answer

    Every court runs their docket a little bit different. In Hays County, so long as you demonstrate to the court that you need more time, they will typically give it to you until it becomes clear you are just stalling, then they will hold your feet to the fire so to speak, by moving the case to a jury setting or a plea setting. PTRC stands for pretrial conference where your attorney will meet with assistant district attorney to discuss the merits of your case and the necessary actions that need to be taken. These are also the settings for plea negotiations. PTR could be the same setting or it could be a pretrial hearing setting where the prosecutor's office and you have the ability to call witnesses and have the judge rule on motions filed by either side.

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