Stephen Lyle Hamilton’s Answers

Stephen Lyle Hamilton

Lubbock DUI / DWI Attorney.

Contributor Level 10
  1. What is a class -a misdemeanor?

    Answered over 4 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.

    Selected as best answer

  2. What is DWI DUI probation like in Texas? What to expect while on probation? Can I get jail time instead of probation?

    Answered over 5 years ago.

    1. Stephen Lyle Hamilton
    2. Cynthia Russell Henley
    3. Kelly W. Case
    4. Theodore W. Robinson
    5 lawyer answers

    Here's what to expect from DWI probation. One of the conditions of probation in almost all DWI's in Texas is 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 the 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 be another DWI...

    3 people marked this answer as helpful

  3. Can a convicted felon own a shotgun in texas?

    Answered over 5 years ago.

    1. Stephen Lyle Hamilton
    2. Paul Holt Walcutt
    3. Robert Hampton Tuthill
    3 lawyer answers

    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

  4. Should one go ahead and get a lawyer if someone accused them of touching

    Answered over 4 years ago.

    1. Stephen Lyle Hamilton
    2. Mark W. Bennett
    3. Robert Sterling Guest
    3 lawyer answers

    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

  5. 2nd degree felony burlary charges

    Answered over 4 years ago.

    1. Stephen Lyle Hamilton
    2. Karyn T. Missimer
    2 lawyer answers

    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

  6. Ex cop drug offence probation violation

    Answered over 4 years ago.

    1. Stephen Lyle Hamilton
    2. Paul Holt Walcutt
    3. Sammy Eugene Lucario Jr.
    3 lawyer answers

    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

  7. Would you advise your client to take probation or a jail time plea?

    Answered about 5 years ago.

    1. Stephen Lyle Hamilton
    2. Cynthia Russell Henley
    3. Joshua G. Schiffer
    3 lawyer answers

    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

  8. My son was arrested and convicted of evading arrest in a motor vehicle what is the statue of limitations if in another state?

    Answered over 5 years ago.

    1. Stephen Lyle Hamilton
    2. Cynthia Russell Henley
    2 lawyer answers

    Statute of limitations is not really the issue in this case. Typically a statute of limitations means how long after somebody commits a crime can the state wait before they file a formal charge against the person. From your question, your son has already been convicted on this offense. Depending on when he committed the offense depends if the offense is a felony or misdemeanor. Evading in a vehicle has been a felony in Texas for about 8 years. The real question is how long does the...

    1 lawyer agreed with this answer

  9. I recently got pulled over and i pipe was found in the car , within plano texas. can i keep this off my record

    Answered over 4 years ago.

    1. Stephen Lyle Hamilton
    1 lawyer answer

    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

  10. Will my class A CDL be affected by a obstruction of a highway?

    Answered about 5 years ago.

    1. Stephen Lyle Hamilton
    1 lawyer answer

    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

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