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Stephen Lyle Hamilton
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Stephen Hamilton’s Answers

78 total


  • Who do we talk to if we the think the person was cohearsed into pleading guilty by his lawyer.

    the lawyer said the judge was a best friend and that he would not take any more money. Also that they did not have to execpt the the judges sentence.

    Stephen’s Answer

    I also agree, talk to the Defendant and find out what he thinks. If he does the process is known as an 11.07 writ in Texas. You will want to contact an appellate attorney who focuses on these type of issues.

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  • How does deferred adjudication effect Nursing School?

    I am currently in a 16months BSN program at a university and will graduate in August 2016. On Jan.8, 2015, I was found guilty for theft under $50. I was given deferred adjudication. I have never been in legal trouble (not even a speeding ticket)...

    Stephen’s Answer

    I agree with George. Because you were on a Class C deferred it can be expunged. In some jurisdictions they will make you wait out the statute of limitations so check with a local attorney to see how Tyler handles those issues. I also would suggest you talk to an attorney who handles nursing board issues. I have found the one I refer cases to is very knowledgeable at getting the board the information it needs and is good at resolving issues raised by the board.

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  • My kids dad is on probation and it was suppose to be played off on 12-18-14 owing 836 po didn't want to extend what happens now?

    Multiple relatives have past away within 2 months and another relative on her death bed just had a lot going on and was only on 2 years probation but has payed over 3000 already they revoked him what do we do?

    Stephen’s Answer

    Failure to pay costs and probation fees can be a ground for revocation. You do have a defense of do not have the ability but the court will look at other things your paying including vehicle payments. Is his probation time up already or was that just when the funds were to be paid by?

    I would ask the probation officer if they are recommending revocation. If they are I would consider borrowing the funds as it will cost more than the 836 to hire an attorney.

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  • Getting my case expunged, do i need a lawyer? who can see my case when background check is done? (only in austin?)

    i can not afford a lawyer but am trying to do this on my own. i am houston resident but my case of class c misdemeanor theft under $50 has been dismissed after going through deferred disposition successfully. does that mean i can put in ...

    Stephen’s Answer

    Based upon your scenario it does sound like you're eligible for an expungement. However, I would agree that I would try to hire an attorney because her certain agencies to have to be notified and you want to make sure its done just getting the order signed granting the expansion is not enough.

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  • 13 years ago my friend got a 14 year old girl pregnant and he was 18. Can he still be prosecuted for a sex crime?

    Now they are no longer together and the grandmother is threatening him with it because he is behind on child support. She was under age but he was 17 when they got together and her mother consented to the relationship way back then. Can she still ...

    Stephen’s Answer

    Several issues come up in this case. First if your friend was 17 and the girl was 14 there is a safe harbor situation that will apply. The other issue is the statute of limitations that will apply us the law at the time of the relationship so we would need to know exact date. It is certainly possible but I think it might be a hard case to prosecute

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  • My boyfriend just got arrested for not reporting for probation. He did not commit any other felonies. Will he be gone long?

    My boyfriend served a year and a half in TDC a while back for a felony charge of burglary of habitation. He did not report for three months, and the cops finally found him and took him to county. He did not commit and other felonies, or catch any ...

    Stephen’s Answer

    I agree with Charles, if he is on probation it really will be up to the judge. Often times the Court will take into consideration any suggestions of the probation office as well. I suggest you contact an attorney to start working on a mitigation package to show the good things he has done on probation and develop a plan to offer the Court and the DA that would allow him to remain on probation. Good luck.

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  • Can I get a class B misdemeanor that was a deferred adjudication expunge off my record after 10 years of not breaking any laws?

    Class B misdemeanor that was deferred adjudication case I had sealed for non-disclosure 5 years ago, can I get it expunge after 10 years of not getting into any trouble with the Law?? Kind regads

    Stephen’s Answer

    I agree with George, unfortunately under our current statutes if you did probation, even if it was a deferred, you cannot get it expunged.

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  • I did my community service bbut not the alcohol class. what are my options?

    i got a .01 DUI minor. 20 hrs community service, and an alcohol class. it said on the paper i got from court to register atleast 10 days prior to my court date. didnt think anything of it and figured classes are always going on, so i waited till t...

    Stephen’s Answer

    I would either hire an attorney to talk to the Court and see about an extension of time or talk to the court yourself. Because you are charged with a DUI Minor, a Class C offense in Texas, you have no right to a court appointed attorney but it can be intimidating to talk to the Court yourself when your trying to explain why something was not done. You might be more comfortable in having an attorney try and get the extension. Either way I would register for the class and take it as soon as possible.

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  • Can you get off early of a 7 year felony deffered adjudication probation after 2 years and 4 months???

    I am on a 7 year deffered adjudication probation for a felony of assault on a peace officer in Fort Worth Texas. I have been on for over 2 years. Is it possible for me to hire my lawyer and get off early? I have finished all my community service ...

    Stephen’s Answer

    The short answer is that under the statute you are eligible for an early discharge. That does not mean the Judge will grant it but you are eligible. In fact under the case law in Texas there is no minimum amount of time that you must spend on probation if your on a deferred probation. I would suggest talking to an attorney who is familiar with the court and putting together a good mitigation package with the reasons why you want to do an early discharge. Good Luck!

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  • I was given 2 citations. got an attorney. I went to court. judge is a neighbor who reported me what can I do?

    my husband was in hospital. we have a 501c3 sanctuary. I was reported as woman alone with bunch of dogs to adult protect. svs. who sent sheriff out. 2 deputies came at night. I went to door, about 6 dogs ran out. I called them got them back inside...

    Stephen’s Answer

    I would talk to your attorney. If the Judge who is going to hear your case was the one who made the complaint he will or could be a witness and would be subject to being recused in the case.

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