Kelly W. Case’s Answers

Kelly W. Case

DUI / DWI Attorney.

Contributor Level 14
  1. Should I invoke my right to remain silent over the phone with a detective over a agg. sexual assault allegation?

    Answered almost 5 years ago.

    1. Kelly W. Case
    1 lawyer answer

    NEVER, under any circumstances, speak with a police officer. Hire an attorney immediately, the best you can afford and let them do their job. The police are allowed to lie, cheat and trick you into making damning admissions. You are not equipped nor trained in police interrogation techniques and you will make some admission that will lead to charges being filed and then you have given a "confession." Again, NEVER speak to the police. Hire an attorney immediately.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My husband was charged with drug conspiracy

    Answered almost 5 years ago.

    1. Kelly W. Case
    2. Cynthia Russell Henley
    3. Peter J Tomao
    4. Joshua Sabert Lowther
    5. Jason Chase Beahm
    6. ···
    6 lawyer answers

    You should take the necessary steps to hire the best lawyer you can afford. Lawyer's charge different amounts but this is an extremely serious case, so you should be prepared for a large fee for a quality lawyer. What amount of bond the judge sets is entirely dependent on the Magistrate at your husband's arraignment. The quicker you can hire a lawyer, the quicker he can begin negotiating with the Assistant US Attorney that will be handling the case at arraignment.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. If I win my ALR Hearing, what are my chances of the DWI charge being dismissed?

    Answered almost 5 years ago.

    1. James Morris Balagia
    2. Jeffrey Carl Brashear
    3. Kelly W. Case
    4. Cynthia Russell Henley
    4 lawyer answers

    There is absolutely no chance that your DWI will be dismissed because you win the ALR hearing. I have won thousands of them and the DWI case still goes forward. If you haven't hired a lawyer to handle this for you and you don't understand that, you are looking at making one of the biggest mistakes of your life. It takes good DWI lawyers years to master several different areas of law and science to be able to begin to defend a DWI case. My suggestion is quite trying to handle it yourself and get...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can blood tests falsly come up positive

    Answered about 3 years ago.

    1. Kelly W. Case
    2. Gregory David Spink
    3. Ted Harvatin
    3 lawyer answers

    Blood tests are wrong quite often. However, the type of analysis performed makes a big difference as well as which agency has performed the test. I don't recommend ever testing the blood again for the specific substance. If it comes back positive again, you have just given the prosecution the case. Research the best DWI Blood lawyers in your area. Just because a lawyer handles criminal law does not make them a DWI lawyer and out of those few who are DWI lawyers an even smaller number are...

    4 lawyers agreed with this answer

  5. Second DWI Charge ---- If a judge is adding a condition to your bond what is the procedure to do this???

    Answered over 3 years ago.

    1. Gene Raymond Beaty
    2. Kelly W. Case
    3. Kamryn Maris Caldwell
    3 lawyer answers

    This is one of those crazy things that is left to the judge's discretion. It is routinely ordered in one court in Harris County, as crazy as that sounds. If the judge orders SCRAM, you will be given a deadline to provide proof of the SCRAM device's installation, usually 10 days, but can be less, if the judge decides to make it so. The procedure to add the condition is that you will be called into court and told that the judge is adding this to your conditions of bond. You are entitled to a...

    2 lawyers agreed with this answer

  6. My son violated a 4year provision with a second dwi he signed for 2years.what can we do can they be a lesser time or rehab.

    Answered over 3 years ago.

    1. Kelly W. Case
    2. Richard Timothy Jones
    3. Stephen Neil Foster
    3 lawyer answers

    Hire a very good DWI attorney and let that person got to work for you. Good luck! Kelly W. Case www.KellyCaseLawFirm.com

    2 lawyers agreed with this answer

  7. Can you file multiple writs of habeas corpus in Texas?

    Answered over 3 years ago.

    1. Kelly W. Case
    2. Matthew Ryan Montes
    3. Cynthia Russell Henley
    3 lawyer answers

    It would make more sense for your friend to spend money on hiring a good lawyer that can defend him, rather than spending money on just getting out of jail. A good lawyer can do more than get him out of jail, and will be able to plan a defense strategy, plan for the long term outcome and anticipate prosecution strategy. All of this means that a good, top-notch attorney is a lot more valuable than just getting out of jail. Good luck! Kelly W. Case www.KellyCaseLawFirm.com

    2 lawyers agreed with this answer

  8. Can a 2nd degree asalt be sismesd

    Answered over 3 years ago.

    1. Kelly W. Case
    2. Richard Timothy Jones
    3. Cynthia Russell Henley
    3 lawyer answers

    Possibly but you must hire the best lawyer you can afford. He is charged with a felony crime and there are numerous consequences to an assault case, especially when it is a felony. You should immediately take the necessary steps to hire the best lawyer possible. Good Luck! Kelly W. Case www.KellyCaseLawFirm.com

    2 lawyers agreed with this answer

  9. Court date is 2 weeks from arrest of DWI & Failure to stop and render aid. What is going to happen at this court appearance?

    Answered almost 4 years ago.

    1. Kelly W. Case
    2. Cynthia Russell Henley
    3. Gene Raymond Beaty
    4. Brian Kent Tillman
    5. Seth J. Bloom
    5 lawyer answers

    I agree with the answer above and would add that the sooner a good DWI Lawyer gets involved, the better the result will be. Going to court and trying to talk your way out of it and then hiring a lawyer is useless. Research good, trial lawyers and hire one with experience in defending these cases. Make sure you do it before the expiration of 15 days from date of arrest, the sooner the better, or your license will be suspended. Waiting is the second worst mistake that is made with these cases,...

    2 lawyers agreed with this answer

  10. If i had a felony for pcs and recieved 15 days misdemeanor time does that mean it is a felony or a misdemeanor?

    Answered about 4 years ago.

    1. Kelly W. Case
    2. Joshua Zientek
    3. Charles Elwood Soechting Jr.
    3 lawyer answers

    It depends on how the judgment and sentence are worded. It sounds as if you may have been granted what is known as a 12.44 based on the Criminal Code of Procedure section of the same number. This means that you were sentenced as a felony offender, but received a misdemeanor punishment. However, without being able to see the actual judgment, this is just a guess and you should consult a lawyer, with your judgment in hand for certainty. Bottom line is that it may be a felony conviction.

    2 lawyers agreed with this answer