Stephen Lyle Hamilton’s Answers

Stephen Lyle Hamilton

Lubbock DUI / DWI Attorney.

Contributor Level 11
  1. Can you get charged with PI without a breathalyzer test?

    Answered 3 months ago.

    1. Stephen Lyle Hamilton
    2. Christian K. Lassen II
    3. Dana S. Fleming Allen
    3 lawyer answers

    The short answer is yes you can be arrested. However that does not mean the State can prove you guilty. Most of the times with Public Intoxication cases the offer does not do a portable breath test. The statue for Public Intoxication says a person is PI if they are so intoxicated they are a danger to themselves or others. So the first thing I would want to know is was there any type of argument or scuffle type situation going thru security or was it just some officer said he smelled alcohol...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 3 months ago.

    1. Stephen Lyle Hamilton
    2. Sean Reza Darvishi
    3. Greg Thomas Hill
    4. Caroline Amelia Simone
    4 lawyer answers

    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...

    6 lawyers agreed with this answer

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

    Answered 3 months ago.

    1. Stephen Lyle Hamilton
    2. Carolyn F. Horton McDaniel
    3. George White
    4. Shane Peter Phelps
    4 lawyer answers

    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!

    6 lawyers agreed with this answer

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

    Answered 3 months ago.

    1. Stephen Lyle Hamilton
    2. Jay Scott Finnecy
    3. Matthew Oberlin Williams
    3 lawyer answers

    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.

    5 lawyers agreed with this answer

  5. I was terminated in June for a policy violation. I took 4500 from deposits at store. I signed a statement and offered to pay

    Answered 3 months ago.

    1. Manasseh Lapin
    2. Stephen Lyle Hamilton
    3. Ed Walton
    4. Dwaine Morris Massey
    5. John Joseph Brosnan
    6. ···
    6 lawyer answers

    I would be very cautious of talking to the police. Typically I do not believe it is a good idea to talk to law enforcement without having an attorney. Regardless of what you signed when you were terminated, it could be argued that you did so against your rights. There is an entire line of cases in Texas and under the U.S. Constitution that deal with when a private person or security person becomes a state actor. The best thing you can do right now is talk to an experienced criminal...

    4 lawyers agreed with this answer

  6. Police contacted me about an incident that happened at previous job concerning theft.

    Answered 3 months ago.

    1. Carolyn F. Horton McDaniel
    2. George White
    3. Stephen Lyle Hamilton
    4. Efrain Sain
    5. Meghan Lynn Rogers
    5 lawyer answers

    As a board certified criminal defense attorney in Lubbock Texas I would advise you to not talk with the police and tell you have talked with an attorney.

    3 lawyers agreed with this answer

  7. How much time can a first offender get for fraud/possession of identification

    Answered 3 months ago.

    1. Stephen Lyle Hamilton
    2. Douglas Henry Freitag
    2 lawyer answers

    The range of punishment varies depending on the actual charge. For example, there is a class c offense if an underage person tries to use the fake ID to purchase alcohol. However, if the same person just has the ID on them and gets arrested it can be a class A Misdemeanor with a range of up to a year in county jail and up to a 4k fine. If there are more ID's the range goes up as does the offense level. I would suggest contacting an attorney to discuss the specific facts of the case....

    3 lawyers agreed with this answer

  8. What is a class -a misdemeanor?

    Answered over 5 years ago.

    1. Stephen Lyle Hamilton
    2. Paul Holt Walcutt
    3. Rosario Stornello
    3 lawyer answers

    As stated above the normal range of punishment is up to a year in jail (not prison) and/ or up to a 4k fine. However, some Class A misdemeanors have increased minimums such as a DWI 2nd which is a minimum of 30 days up to 365 days.

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

    Answered 3 months ago.

    1. George White
    2. Mekisha Jane Walker
    3. Stephen Lyle Hamilton
    4. Jay Scott Finnecy
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

  10. 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?

    Answered 3 months ago.

    1. Stephen Lyle Hamilton
    2. George White
    3. Douglas Henry Freitag
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

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