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Kelly W. Case

Kelly Case’s Answers

530 total


  • 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

    last one was about 5 years ago not sure how old the first 2 are just asking for a friend

    Kelly’s Answer

    • Selected as best answer

    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 defense attorney to make sure ALL evidence is preserved.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • If you were charged with dui manslaughter but never convicted because you fled, is there a statute of limitation?

    is there a statute of limiation on dui manslughter if you were never actually convicted nor had a proper trial?

    Kelly’s Answer

    The only thing I would add to the previous answer is that flight can be considered as evidence of guilt. I am not licensed in Florida, but you should immediately resolve this problem and hire the best DWI Lawyer you can. I would recommend you "sell the farm" to get the best because you are definitely going to need it.

    Good Luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • What's the typical penalty in Texas for DWI with child?

    Wrecked car. And got Open Container.

    Kelly’s Answer

    Ms. Henley is spot on. The only thing I would add is that you should hire a lawyer immediately, while the evidence is fresh and your attorney can preserve the evidence favorable to you, which the police will not do.

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  • What are the chances of being convicted of dui just off one officers observations

    refused field sobriety test and alcotest because i needed medical treatment

    Kelly’s Answer

    It is alnost a certainty that you can be convicted with only one officer's testimony. Hire the best DWI lawyer in you area. Call Justin McShane at the McShane firm. You will be glad you did.

    Good luck.

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • Should I plead guilty or not guilty to my underage charge, the hospital has my BAC

    this is the first time I have been charged with anything, I was comming back to my dorm from a party and my RD called the cops on me. I was taken to the hospital where they said I had alcohol poisoning and took my BAC. Should I still try to plead ...

    Kelly’s Answer

    Hire the best DWI Lawyer in your area, and let them go to work for you. The reason you hire the best is so they can decide whether the State can prove the case, after a thorough review of all of the relevant facts, including what the judge is like and how skilled the prosecutor is. All of these, you will have no idea about, not to mention, you don't even know what the proof standard is or whose burden it is. HIRE A LAWYER IMMEDIATELY that routinely handles blood DWI cases. They can make all the difference in the world. It does not matter that you may think you are guilty. The standard is whether the State can prove you are guilty. Whether you actually are guilty is irrelevant.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • What are considered facts when dealing with DUI cases, if charged with driving under the infl. as opposed to BAC ovr .08?

    I would think fst and officer observations are opinions especially with no video available.

    Kelly’s Answer

    Every DWI is based on an officer's opinion, not fact. But every day people all over the country are convicted "because the police said so".

    Hire a great DWI lawyer and let them do their job.

    Good Luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • Can I leave country while on hit& run felony probation

    I am on probation. ( hit& run felony)can I travel outside of USA ?is there any risk while traveling through international airlines??

    Kelly’s Answer

    You may not be admitted to some countries. You should check with the US Embassy in Country you will be visiting to determine your admissibility status. It would be terrible if you were forced to turn around and come back to US.

    Good Luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • What do I do?

    I'm on probation for a dwi I got back in may of 09. I was ordered to spend two weekends in jail, I did my first one now I went up to the probation office to pick up my last order for the last weekend and they were closed do to a holiday. I can't g...

    Kelly’s Answer

    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 fails, retain a lawyer to assist you.

    Good luck!

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  • 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.

    hes hasnt got in trouble but has the case still pending what can we do than you....

    Kelly’s Answer

    Hire a very good DWI attorney and let that person got to work for you.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • Can you file multiple writs of habeas corpus in Texas?

    A friend of mine was arrested and charged with a felony. Two weeks later his lawyer filed a writ of habeas corpus to reduce his bail. The judge reduced his bail which ends up being like $100k or a $10k surety bond. This was not affordable for his ...

    Kelly’s Answer

    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

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