Kelly W. Case’s Answers

Kelly W. Case

DUI / DWI Attorney.

Contributor Level 14
  1. Prenuptial Agreements

    Answered over 6 years ago.

    1. Mark Christopher Roles
    2. Kelly W. Case
    2 lawyer answers

    I don't know if you are using the wrong term or are confused about what document controls in this situation but a prenuptual agreement is no longer controlling the terms child support, "alimony" or division of property. After you are divorced and the final judgment of divorce has been signed, yours and your ex-spouses payments, custody, property is controlled by that document. The final divorce decree can be modified as to custody arrangements and child support, but your prenuptual agreement...

    2 lawyers agreed with this answer

  2. Food Stamp Fraud

    Answered over 6 years ago.

    1. Kelly W. Case
    2. Patrick J. Mclain
    3. Anthony John Colleluori
    3 lawyer answers

    You would be eligible for probation based on those facts, however, that does not mean that a prosecutor must offer probation. Mitigating circumstances as you mentioned are important to assess the proper punishment but are not legal defenses to the conduct charged. It is important to hire a qualified criminal lawyer that has handled these types of cases in the past. By the time the DA's Office has made the decision to charge someone with this type of offense, the bulk of the investigation, if...

    2 lawyers agreed with this answer

  3. Speeding ticket

    Answered over 6 years ago.

    1. Herman Martinez
    2. Kelly W. Case
    3. Andrew Nguyen
    3 lawyer answers

    If your question was incorrectly capitalized and you are asking how He helps pay for a speeding ticket, I am Buddhist and cannot answer. However, if you are asking whether you will be given time to pay the ticket and what methods of payment are accepted then it depends on the jurisdiction. Most of the JP Courts I have appeared in allow a person convicted of a traffic offense time to pay out their tickets. However, you should NEVER just pay a ticket to get it over with. Some tickets in Texas...

    2 lawyers agreed with this answer

  4. Capital murder

    Answered over 6 years ago.

    1. Herman Martinez
    2. Kelly W. Case
    3. Craig Edward Kennedy
    3 lawyer answers

    A charge of Capital Murder is the only charge in the Texas Penal Code that allows the Judge to set a "no bond" on the case. This means that a judge can refuse to set an amount and the citizen accused of capital murder will remain incarcerated until their trial is completed. Of course, if they are found guilty, then they will be automatically sentenced to life in prison, unless the District Attorney's Office has notified the defendant of it's intention to seek the ultimate penalty.

    2 lawyers agreed with this answer

  5. A young man 19 yrs old was driving under the influence of alcohol, and drugs wrecked and killed his passenger 17 yrs old.

    Answered about 3 years ago.

    1. Kelly W. Case
    2. Don F. Richardson
    3. Charles Elwood Soechting Jr.
    4. Stephen Neil Foster
    5. Richard Timothy Jones
    5 lawyer answers

    The State of Texas will almost certainly prosecute. The young man needs to hire the best DWI Lawyer he can afford. His entire life will be determined by the outcome of this case.

    1 lawyer agreed with this answer

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  6. Awaiting for my trial for 3rd DWI but violated my probation 3 times by having alcohol detected in my system while blowing

    Answered about 3 years ago.

    1. Kelly W. Case
    2. Don F. Richardson
    3. Richard Timothy Jones
    4. Charles Elwood Soechting Jr.
    5. Cynthia Russell Henley
    5 lawyer answers

    No one can answer your question. You are facing a dire situation and it is only after knowing all of the facts, practicing in front of your judge and knowing the prosecutor can anyone begin to help you. If you do not already have an attorney you must hire a good one immediately. Local, good attorneys are plentiful in Dallas. Once they review the case, obtain discovery and investigate possible defenses you will be in a better position. All I can tell you is the range if punishment for a 3d...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. How much jail time is expected for 5 traffic ticket related arrest warrants?

    Answered almost 4 years ago.

    1. Charles Elwood Soechting Jr.
    2. Paul Holt Walcutt
    3. Kelly W. Case
    3 lawyer answers

    A fair answer to your question would be less than thirty days, plus or minus. And it may be a lot less because of jail overcrowding and budget cuts. Now that answer changes completely of he is charged with anything higher than a traffic ticket, based on his new offense. For a more serious crime, he will stay in jail until the case concludes and the maximum sentence, if found guilty, could be up to 6 months for a Class B or up to one year for a Class A, depending on what he is charged with.

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  8. I didnt know i was driving a getaway car for someone who,is accused of stealing under 50worth of stuff

    Answered almost 4 years ago.

    1. Kelly W. Case
    2. Charles Elwood Soechting Jr.
    3. Alan James Brinkmeier
    4. Michael J. Nichols
    4 lawyer answers

    This is the typical "Law of the parties" charge in Texas. It does not require the State to prove intent on your part, only that you were subjectively aware of the intent of the main actor. For which you can be held criminally responsible for all criminal acts committed by the main culprit, with a few limitations. You really need to hire a good local lawyer because I have seen many people in your situation get convicted because of this, that were factually innocent.

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  9. Are court appointed lawyers good lawyers?

    Answered about 4 years ago.

    1. Jason Robert Rew-Hunter
    2. Kelly W. Case
    3 lawyer answers

    Court appointed lawyers can be very good or very bad. But just because a lawyer is appointed does not mean that they will not be very good. In fact, some of the most professional, dedicated and seasoned lawyers around represent clients by appointment. Research the lawyer and if he seems to be a good match for the type of case, then you should be fine. A lawyer's dedication is not limited to the paycheck, however, do you want to work for minimum wage? Well, neither do lawyers, and we spend a lot...

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  10. How much time could you face on aggravated assault with deadly weapon first offense

    Answered about 4 years ago.

    1. Cynthia Russell Henley
    2. Russell David Hunt Jr.
    3. Kelly W. Case
    3 lawyer answers

    2 to 20. A lot depends on his criminal history and mood of the complaining witnesses. The very best lawyer he can afford is an absolute must. He will only get one chance at defending himself - he had better make sure he has the best lawyer possible. This is not the time to try to cut corners or save a buck. On a 3g case like this, it is very likely he will do the full amount of his sentence.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful