We're ready to help. Contact us today.
806-794-0394
-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Stephen Lyle Hamilton's Answers
Contributor Level 10
- 63 Legal Answers
- 10 Legal Guides
3
Attorney answers:
What is a class -a misdemeanor?
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.
Selected as best answer
3
Attorney answers:
Can a convicted felon own a shotgun in texas?
The first question is was the person convicted? If the person did a deferred probation and lived it out then it would not count as a conviction for the possession under Texas law. However, if he or she was finally convicted then the only place he or she could have the firearm was in his or her home. However, this can still be a violation of federal law if the weapon was not made in Texas.
3 people marked this answer as helpful
3
Attorney answers:
Should one go ahead and get a lawyer if someone accused them of touching
I could not agree with Robert more. The Avvo webpage is a great idea for general information but it is not attorney/client protected. If you or somebody know know has been accused of a sexual assault the very best thing is to talk to an experienced attorney as soon as possible. The statute of limitation is long and sometimes in Texas there is no statute so it is important that you start defending the case as soon as possible.
1 lawyer agreed with this answer
2
Attorney answers:
2nd degree felony burlary charges
Ultimately it is the State that will or won't prosecute your son. Often times victims have a great deal of persuasion with the DA so if the victim of your son's action says they don't want to prosecute if your son goes to rehab that may help. A felony case has to be indicted by a grand jury so one thing you might do is hire an attorney to talk to the DA pre grand jury to see if an agreement can be reached that the DA agrees not to present the case to the grand jury or charge the case if your...
2 people marked this answer as helpful
3
Attorney answers:
Ex cop drug offence probation violation
If your relative was on probation for a state jail felony possession of controlled substance less than one gram and the state files a motion to revoke probation then the max sentence he could get is the maximum underlying time he plead to at the time of his guilty plea. For example if he plead to two years state jail probated for five years then the most he could get is two years. Two years is the maximum. However, if he plead to 15 months probated for 5 years then the max he could get is 15...
1 lawyer agreed with this answer
3
Attorney answers:
Would you advise your client to take probation or a jail time plea?
In Texas a first time DWI (without kids in the car) is a Class B. The range of jail is a minimum of 3 days to a max of 180. So I have often had cases where we agree to a minimum time of 3 days in jail. You get credit for any time you have done in jail on the charge. Some extra consequences with the jail conviction include the fact that you will be required to get and keep an SR-22 high risk insurance policy for the next two years. You also have to take the AOP or Alcohol Offender Program...
2 people marked this answer as helpful
5
Attorney answers:
What to expect on probation? I don't think I can do it
One of the conditions of probation in almost all DWI's in Texas in no consumption of alcohol. In Texas if you go on probation for a DWI then you get an underlying amount of time like 90 days in jail. That time is then "probated" so you don't go to jail. For example 90 days probated for 12 months is normal first time dwi probation. If you drink and get caught then you are risking going to jail for 90 days. Getting caught can be by another DWI but can also be by a Urine test during...
2 people marked this answer as helpful
1
Attorney answers:
I recently got pulled over and i pipe was found in the car , within plano texas. can i keep this off my record
The possession is a class C ticket so you have several options. I would talk to a criminal defense attorney in Plano to see first if you take some class, etc. will the state dismiss the case. Once the case is dismissed then when the statute runs (2 years) you can file an expungement which will remove even the ticket from your record. Whatever you do don't just go pay the ticket. Good luck.
1 person marked this answer as helpful
1
Attorney answers:
Will my class A CDL be affected by a obstruction of a highway?
Yes and no. If you got a suspension from an Administrative License Revocation hearing then the plea to an obstruction of a roadway WILL NOT reinstate the ALR suspension. In Texas a CDL will be suspended if you either blow over .08 (or blood over .08) or refuse to take the test. This is called an ALR suspension. If neither of these apply then your CDL would not be suspended. I am assuming you got the DWI in your vehicle and not in a CDL vehicle. If you got the CDL say in an 18 wheeler...
1 person marked this answer as helpful
3
Attorney answers:
Do i have to settle for a class c misd with a lawyer is it possible to beat it
Unfortunately your situation is common in Texas. I have many clients, typically the male, who did not start the altercation and simply tried to defend themselves. Almost without exception now in my jurisdiction once the female calls the police at some point the husband/ male will be arrested. One real problem is that most bigger DA's offices receive federal grant money for domestic cases. If they don't handle so many cases a year their funding could be in jeopardy. BOTTOM LINE if you did...
1 person marked this answer as helpful