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Kelly W. Case

Kelly Case’s Answers

530 total


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

    I would like to attend and observe a DWI trial in texas, how would I go about finding one?

    Kelly’s Answer

    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 settle so be prepared to be disappointed or told that the case has gone away after you get there. But if you are persistent, you should be able to view a trial pretty quickly.

    You can also search your county on the www to get more info. Some counties post their trial settings on the internet so you can go to the courthouse with an idea of what might go to trial.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • State lab results/ DUI

    my case is at a standstill due to waiting for blood results. (refused testing) will the prosecutor seek enhanced penalties such as jailtime when they see that the BAC is over .23?

    Kelly’s Answer

    I cannot answer your state specific question regarding the enhancement for high BAC test. However, I can tell you that blood cases can be won. They are not a certain win for the State by any stretch of the imagination, if you hire the right attorney. There are several good ones in your area. Search the National College for DUI Defense to find the best in your area. Make sure they have experience and have trained extensively in defending blood cases. These are winnable, but they are complex and require a higher degree of training than the regular DWI specialty case.

    Don't delay. Police and prosecutors will not preserve evidence of your innocence. They are only concerned with collecting evidence of guilt and have a bad habit of ignoring or even worse, destroying evidence that proves your innocence. Hire the best attorney you can right now and let them go to work for you.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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

    I was at the wreck just after it happend. She had two empty beer cans in the car from days prior so they are charging her for open container and Intoxication Manslaughter.. The have since then detained her three weeks after the accident. They have...

    Kelly’s Answer

    "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 missing evidence, only to find out later that the evidence was in storage or located in a different place, and they were simply unaware of it's location.

    A good defense is calculated is prepared; it does not rely on luck. Blood cases are extremely complex, involve many different scientific disciplines and a thorough knowledge of the law and science involved.

    Good Luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • What should I do?

    Ok so I have a perfect driving record, I drove home from the bar at about 130 i had a few drinks my friend needed a ride so i left home take him home. On my way home after dropping him off, I got cut off by another driver, lost control of my vehic...

    Kelly’s Answer

    Hire the very best DWI lawyer in your area, immediately. Waiting means that evidence is being lost. Police do not preserve all evidence. They only keep evidence of guilt. Make sure your lawyer is a blood DWI lawyer, trained and experienced in gas chromatography. Not just any lawyer will do.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • Charged with felony e class

    I have charged with a felony e class I was driving while drink and my child was in the car she is 4 months years old and it was first time of my life and im not citizen the test result was 0.09 , I have international license I don't know what w...

    Kelly’s Answer

    Call Edward Fiandach immediately. He can give you the advice you need right now. He can be reached at 585-244-8910. One of the top DWI lawyers in the country and a very nice man.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • How long will my husband be in jail for his second DWI but this time he was with me and our three children?

    His last DWI was 13 years ago and a couple months ago on a quick trip to the store and back we were pulled over for an apparent faulty stop light and he was taken to county jail. He was charged with a DWI with Child under 15 and was given a $10,00...

    Kelly’s Answer

    I sympathize with your situation but I need more information before I can really answer this fully. First, if your attorney is refusing to answer your legitimate concerns and you have paid them in full, this should be addressed. I do not know who you have hired, but attorneys are ethically required to keep a client informed about the status of the case. Is your husband meeting with the attorney and you just don't know the status. Even though the attorney has an ethical duty to his client, your husband, that same ethical duty does not extend to anyone else in the client's family. In fact, it is sometimes an ethical violation to include family members in private client discussions. This is something I cannot answer because even though the attorney is not responding to your requests for information, he may be responding to your husband and that is perfectly legitimate. However, if your husband is being left in jail with no communication, either in person, or written, then that is another situation.

    Posting bond will not solve the problem. He will simply be transferred to the local federal detention center to await responding to the detainer from ICE.

    There are some really good lawyers that work in Denton County, Texas. One that immediately comes to mind is William Trantham. William is a first rate DWI lawyer of the highest caliber.

    I do not know who you have hired so it is impossible to advise you how to proceed. You need to have a discussion with your husband about how he feels about proceeding and if he is in communication with his lawyer and receiving advice about his case and the steps being taken to resolve it.

    You can also check out my advice about hiring a lawyer and determine if that can help, too.

    http://kellycaselawfirm.wordpress.com/2011/11/09/hiring-a-lawyer/
    http://www.kellycaselawfirm.com/dui/whatnow.php

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • DUI Lawyers - Can I chage!!!

    I have DUI lawyer but he is pushing my DMV and court date for other cases, its been 2 months.. my question is, even though i did pay in full,and signed a retainer, can i ask for money back and hire new lawyer or i have to forget about and loo...

    Kelly’s Answer

    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 wonder why you want to be so quick to have a conviction? It makes much more sense to let the officer's memory of the event grow cold and take advantage of what he/she cannot remember about the stop and arrest.
    However, if you feel that your lawyer is neglecting your case and you, it may mean that you are not compatible and need to make a change. You have to understand that it is normal to be anxious about such an important matter and what you consider an emergency, may not necessarily be one. Sometimes when we are in the midst of s stressful situation we compound our problems by making one bad decision after another so I would urge you to think this through and take your time if you do decide to change lawyers.
    Strictly basing your decision on the amount of time you perceive is enough to reach a conclusion, is not the way top go about it. How long do other cases take? How long does it take to get to a trial? What is actually being done right now in your case? Are you waiting on discovery, or subpoenas to be responded to?
    It sounds like your lawyer is being crafty and working to position the case in your favor. Don't shoot yourself in the foot because you don't understand what he/she is trying to do. Hell, that why you hired them in the first place, so let them do their job.
    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • I was charged with evading in a motor vehicle and I was under the influence of my prescribed medicine and I dont remember

    I had a blackout spell my meds are xanax 2mg 4x a da prescribed for anxiety and panic attacks

    Kelly’s Answer

    You need a competent DWI Lawyer. You don't mention what type of evidence was taken but typically these cases involve a blood test so you must be sure that your attorney is an expert in blood draw cases, if that is the case.

    These are some of the most complicated cases to defend and there are only a handful of lawyers in the Texas that handle these and do a great job.

    Feel free to contact my firm.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • My husband was picked up on a violation of his probation. The violation was Dwi his 3rd. And he has a suspended licenses.

    He was just released from jail was charge with a felony for having a gun.

    Kelly’s Answer

    What is your question?

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