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Joseph Manuel Ruiz

Joseph Ruiz’s Answers

20 total


  • What's the difference between a deferred disposition and a dismissal for a public intoxication charge in Texas?

    Joseph’s Answer

    I agree with the prior answers but would add that whether you successfully completed deferred disposition or got the case dismissed outright, you may get the records expunged in either scenario.

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  • Should I get a lawyer in the county I was arrested in?

    Joseph’s Answer

    Generally, it is a good idea to hire a lawyer in the same county, as it is typically the most cost effective way to get representation from someone that has experience navigating the practices of that particular county and court. However, whomever you hire should have a reputation for getting good results for their clients. If you're in a really small county that doesn't have many lawyers to choose from, you may be better off hiring a trial lawyer from a neighboring county. Many Harris County lawyers travel to Fort Bend, Montgomery, Brazoria and Galveston Couunty.

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  • What are my chances of getting offered deferred prosecution on first offense retail theft under $300

    Joseph’s Answer

    Really good, so long as you hire an experienced defense lawyer to represent you.

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  • Do I have a chance to get out of this ticket?

    Joseph’s Answer

    It depends on what court you're in. If it's in Houston Muncipal Court, hire a traffic attorney and your case could be dismissed for a variety of reasons, i.e., cop no shows on trial date, the paperwork on your case is defective, or the prosecutor agrees to dismiss it. Your brakes failing is not a legal defense, but a reasonable prosecutor would be inclined to dismiss on those facts.

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  • Grocery store is going to press charges for shoplifting. Sherriff said I have until Thursday to make a statement.

    Joseph’s Answer

    Do not make any statements concerning your case to anyone other than your lawyer. From what you've posted, a lawyer should be able to prevent this charge from being filed in the first place. If not, the DA will have a heck of a time trying to prove that you had the required intent to commit a theft. Good luck.

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  • I have a total of 4 warrants, Can I register my truck to get new stickers without being arrested?

    Joseph’s Answer

    You should contact a firm specializing in traffic defense. They'll be able to post bonds for you to lift the warrants and get your cases on the docket to keep your record clean. Their fees are not very high. It's something you need to do anyway. Otherwise, the next time you get stopped on traffic, you will most definitely be going to jail.

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  • What are the chances of me getting a pretrial diversion and do I really need to hire an attorney?

    Joseph’s Answer

    The old saying goes that anyone who represents himself has a fool for a client. You definitely should retain counsel on a Class B misdemeanor. Although it sounds as though you are eligible for a pre-trial diversion, the DA won't hand you one. It's completely discretionary, so you need an attorney that knows how to increase your chances of being offered one. If will feel just like probation, the only difference is you will get a dismissal at the end, which can later be expunged from your record, versus a deferred adjudication, where you can only get it sealed. Straight probation is a conviction that would stay on your record as a conviction forever. An expunction is a lawsuit filed following a dismissal or acquittal in order to get a court order that the original arrest record and charge be destroyed. After that, you can legally answer "no" when asked whether you've ever been arrested, charged or convicted of a crime. Good luck!

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  • Theft by ck. I day judification. I thought it would not show on my record

    Joseph’s Answer

    You avoided a final conviction with your plea deal, but the record of the charge itself still exists. If this was a Class C, you can expunge it. If it was a Class B or higher, you can seek a petition for non-disclosure. Only then can you legally answer "no" when asked whether you've ever been charged, arrested or convicted or a crime.

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  • Civil demand walmart (cops called by no arrest just ticket

    Joseph’s Answer

    Definitely ignore the demand. As has been answered already, they aren't going to pursue it. Instead use your money to petition for an expunction of your case once you've completed the deferred. Since this was a Class C deferred adjudication, you are eligible for an expunction (instead of just a petition for non-disclosure).

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  • Do all employers in the state of Texas have the right to require me to answer if I have ever been convicted of a felony?

    Joseph’s Answer

    I believe your best bet is to honestly disclose it. A reasonable employer will not define someone by a mistake they made 2 decades ago. If you've been an upstanding person since that transgression, they should take notice of that and reward your candor. If they are unwilling to do so, do you really want to work for someone like that? The worse case scenario is lying on the application and then having the prosepctive employer find out about it. Now your character for truthfulness (at the present time) has been shattered, and you most certainly won't get the job. Good luck in your job search. If all else fails, think about starting your own business.

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