My husband was stopped on May 5 2013 and his charges are DWI... hes in Harris county right know what are the chances

Asked about 1 year ago - Houston, TX

he already has an ICE hold he already had court. but I'm not sure if this is hes 1st of 2nd DWI a year ago in warthon county he was stop an giving a ticket in the ticket it said DWI but they didn't arrest him and when we went to pay it the judge said to just pay the money and he could go that he was not going to get arrested or anything like that he didn't even had court he pay almost $900 but thats it Ive ask around and they say that that cannot be possible that when is DWI you always get arrested and it did not show on his record when they arrested him,

Attorney answers (4)

  1. James Richard Butler

    Pro

    Contributor Level 12

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    Lawyers agree

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    Answered . You need to hire an experienced DWI attorney. You also need to hire an immigration attorney. Is he here legally ? An immigration lawyer may be able to get him a bond on the immigration hold. It depends on his circumstances. It could be that the other case was for something other than DWI. Most DWI charges lead to an arrest, not a ticket. Is he under 21 years of age? He may have been charged with Driving Under the Influence of Alcohol by a minor (enhanced) or Public intoxication ( enhanced ) because the fine was $900 and not $500 which is the usual fine for a Class C Misdemeanor. A lawyer will have access to his criminal record and make that determination. Remember - being charged doesn't mean you are guilty. It's only an allegation.

    James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. Pardon my typing and or... more
  2. Jacob Robert Jenkins

    Contributor Level 11

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    Lawyer agrees

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    Answered . I agree with the other attorney in that he needs to hire both an immigration attorney and a DWI attorney. Both areas of law are extremely specialized, and the best result will be for your husband to have two pros working on it. Once he has an attorney working for him, they should be able to answer most of your questions.

  3. Joseph Francis Vinas

    Contributor Level 12

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    Lawyer agrees

    1

    Answered . I also agree. You need both an experienced criminal lawyer and an immigration lawyer. Although the federal courts in Texas have in the past found DWI not to be a deportable offense, obviously if ICE has a hold on him then he's at risk for deportation. Contact an attorney ASAP.

    Joseph Vinas answers questions on Avvo for general information and not as legal advice. Those answers do not... more
  4. Joseph Francis Vinas

    Contributor Level 12

    Answered . I also agree. You need both an experienced criminal lawyer and an immigration lawyer. Although the federal courts in Texas have in the past found DWI not to be a deportable offense, obviously if ICE has a hold on him then he's at risk for deportation. Contact an attorney ASAP.

    Joseph Vinas answers questions on Avvo for general information and not as legal advice. Those answers do not... more

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