Kelly W. Case’s Answers

Kelly W. Case

DUI / DWI Attorney.

Contributor Level 14
  1. Can police make arrest off of just a witness saying he shot me ?

    Answered over 2 years ago.

    1. Kelly W. Case
    2. Barry Franklin Poulson
    3. James Regan
    3 lawyer answers

    You have now become a suspect in a felony case. What do you do? Hire the best lawyer you can afford, and get ready to fight to the bitter end. There is no easy solution and the case will not just go away so you either prepare to defend yourself the smart way, or learn the hard way that an accusation alone is enough to convict. Good luck.

    7 lawyers agreed with this answer

  2. How does an appeal work if found guilty for Misdemeanor DWI in texas?

    Answered over 2 years ago.

    1. Kelly W. Case
    2. Gregory Don Sherwood
    3. Richard Timothy Jones
    4. Gene Raymond Beaty
    4 lawyer answers

    The appeal process is lengthy. A notice of appeal must be filed within 30 days of the sentencing date. If applicable a Motion for New Trial should also be filed and a hearing requested. The first level of appeal is the the appellate court that is in your district. A transcript is requested and must be paid for in advance. Once the transcript is obtained the appellate lawyer will write a brief summarizing the issues and relevant case law for the appellate court to decide. The next level of...

    6 lawyers agreed with this answer

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  3. If you are stopped and accused of a DWI. Should you take the sobriety field test and breathlyzer test?

    Answered almost 5 years ago.

    1. Kelly W. Case
    2. Jason Robert Rew-Hunter
    3. Maury Devereau Beaulier
    4. John Lawrence Buckley
    4 lawyer answers

    As a Board Certified Criminal Specialist in Texas, I tell all of my clients and friends, NEVER take any test. NEVER take any test. NEVER take any test. If the officer asks you to take the test to "make sure you're OK to drive", he has already decided you are going to jail. Don't give them any evidence to convict you. Provide the nice policeman with your driver's license and insurance and then let them know that you have complied with their requests and would like to be on your way. If they...

    5 lawyers agreed with this answer

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  4. MY wife was recently charged with Intoxication Manslaughter. but they lost the B.A.C. report

    Answered almost 3 years ago.

    1. Kelly W. Case
    2. Ben M. Sifuentes Jr.
    3. Barry Franklin Poulson
    3 lawyer answers

    "Losing" the blood test results is irrelevant, in my opinion. In Texas, you can be prosecuted for this offense three different ways. Only one of them includes a number that is over the limit of .08. So don't get too excited about the results getting misplaced. Also, what the prosecutor is telling you and what the truth is, may be completely different. Depending on the lab testing the blood, results can take up to 6 months to come back. Many times, I have had prosecutors tell me that they are...

    5 lawyers agreed with this answer

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  5. DWI Trial - I would like to observe one, where or how can I find one???

    Answered almost 3 years ago.

    1. Kelly W. Case
    2. John M. Gioffredi
    3. Kamryn Maris Caldwell
    3 lawyer answers

    Try your local county courthouse. Call the county court(s) coordinator for your local courthouse and ask them about their trial schedules and settings. County courts usually have certain weeks of the month designated as trial weeks and while it is not a certainty that there will actually be a trial, you have a better chance of being able to observe one during that time. The coordinator should be able to tell you how many trials are scheduled and the type of charge. Now a lot of times cases...

    4 lawyers agreed with this answer

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  6. Does it matter what the gap of dwi charges in Texas are or is your 4th one your 4th one no matter how long your last one was

    Answered almost 3 years ago.

    1. Kelly W. Case
    2. Charles Elwood Soechting Jr.
    3. Cynthia Russell Henley
    4. Mark Travis Lassiter
    4 lawyer answers

    There is no longer a "look-back" period in Texas. Any previous DWI a person has ever been convicted of may be used to enhance a current DWI charge, with some limitations. Your friend should hire the best DWI lawyer available and immediately. Waiting to hire an attorney is almost as bad as not hiring an attorney at all since valuable evidence may about to be destroyed. The police will not keep evidence of a person's innocence since they are only concerned with proving guilt. It is the job of the...

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  7. Can an intoxication manslaughter charge be enhanced to murder if it's a defendant's 3rd DWI?

    Answered almost 3 years ago.

    1. M Elizabeth Gunn
    2. Kelly W. Case
    3. Kamryn Maris Caldwell
    3 lawyer answers

    Yes. Hire the best DWI lawyer that handles these types of cases and is trained in blood evidence. This is not the type of case that you can afford to delay hiring a lawyer. Valuable evidence is being lost because the police do not preserve all evidence, they only preserve evidence of guilt. It is up to your defense lawyer to make sure that all evidence is preserved and to defend you. The sooner a great lawyer is hired, the better off you are and will be because there are many tactics that can...

    4 lawyers agreed with this answer

  8. What do I do?

    Answered about 3 years ago.

    1. Kelly W. Case
    2. Charles Elwood Soechting Jr.
    3. Cynthia Russell Henley
    3 lawyer answers

    Keep a journal of the fact that you made the calls, including date, time and what action you took - left message, spoke with ____, etc. Go to jail and try to check in. Bring newspaper and have friend take your picture in front of jail with newspaper date obvious in photo. Get name of intake deputy that refuses to admit you. Have name of good lawyer in your phone, ready to speed dial, if they issue a warrant claiming you did not show up. Keep trying to talk to the probation officer. If all else...

    4 lawyers agreed with this answer

  9. I was arrested for a warrant that I did not kow existed. Is this legal?

    Answered over 4 years ago.

    1. Kelly W. Case
    2. Ayuban Antonio Tomas
    3. Alan James Brinkmeier
    3 lawyer answers

    This happens all the time in Texas. A warrant can be issued at any time by magistrate, providing probable cause exists to believe that you have committed a crime. Lack of knowledge of the existence of the warrant does not vitiate its viability. You need to hire a good lawyer immediately.

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  10. DUI Lawyers - Can I chage!!!

    Answered almost 3 years ago.

    1. Kelly W. Case
    2. Philip Daniel Hache
    3. Manny Daskal
    4. Bruce Allan Boice
    5. Kevin Samuel Sullivan
    5 lawyer answers

    Without knowing your lawyer or his experience and capability of handling this type of case, I cannot answer your question. But honestly, 2 months is nothing. Sometimes these cases last a year or more. It does not mean that your lawyer is neglecting your case. It can mean that he is waiting for discovery, seeking further evidence. Two months is not a significant delay by any means. But more importantly, delay usually works in the favor of the defense. Every reset is a victory and I have to...

    5 lawyers agreed with this answer