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Derk Allan Wadas

Derk Wadas’s Answers

11 total

  • I have past drug charges on my record i had pre trial diversion and differed judification how can i get these charges expunged

    i want to become a pharmacy tech please help me turn my life around!

    Derk’s Answer

    Based on your question, I am unclear as to whether you are referring to one case or multiple cases.
    In a typical pretrial diversion program, no formal charge is filed and the arrested person participates in an informal "probation", or otherwise satisfies some conditions so that the case is, in fact, never filed. If you successfully completed pretrial diversion and the case was never filed, you may be eligible to expunge the record. Under the current state of the law, you will be required to wait until the statute of limitations runs, which is two years for all misdemeanors.
    If you received deferred adjudication for any offense that is Class B or higher, you are ineligible for expunction. You may be eligible for what is known as an Order of Non Disclosure if you successfully completed the deferral period, were discharged, and any applicable waiting period has expired. An Order of Non Disclosure is a good remedy, but it is not as good as an Expunction, in my view.
    If you received deferred adjudication for a Class C offense you may be eligible for expunction when the statute of limitations expires.

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  • What if you miss ALR?

    what if u miss ALR? does it mean u lost the case or you can still fight for u drives license

    Derk’s Answer

    I agree with the above answer but would add that you have a narrow time frame in which to file paperwork asking that the court set aside the suspension. The document is referred to as a Motion to Vacate the Default Order. Their are specific requirements concerning the time in which to file, the parties upon whom to file and the contents of the Motion.
    If the Court grants the Motion to Vacate the Default Order, the matter will be placed back on the hearing docket. I would encourage you to consult with an atorney who is familiar with the rules in this area to determine if filing a Motion to Vacate the Default Order might be appropriate in your situation,

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  • Can a misdemeanor A dismissed charge be expunged?

    I completed the pretrial diversion program and the charges were dismissed.

    Derk’s Answer

    Generally, when a case is dismissed, the arrested person is entitled to an Order of expunction after the statute of limitations runs. In misdemeanor cases the statute of limitations is two years. The limitations period begins to run at the date of the alleged offense.
    An argument could be made that the period of time you spent in the diversion program had the effect of "tolling" or temporarily halting the running of the limitations period.
    Finally, I used the term generally in the first paragraph because there may be other factors present that will impact your expunction eligibilty. You should consult with an attorney to discuss whether and when you may be eligible for an Expunction Order.

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  • Will this hold up in court?

    I recently changed my medicine for depression and got a DWI because I failed the field sobriety test. I have documents stating my medication was changed. I had about 3 or 4 drinks that night over a 5 hour span. I didnt take a bac or a breathalizer...

    Derk’s Answer

    I agree with the above answer and would add only that the medication issue presents special problems of proof for the Assistant District Attorneys who will try to convict you. Without a blood test, it will be difficult for them to prove 1) the presence of the medication in your system at the time you were allegedly driving and, 2) that the medication was in your system at a level that would cause you to not have the normal use of your mental or physical faculties.
    Even with a blood test, proof of 2) above is difficult. For an exmple of the issues raised by intoxication based on presecribed medications, see below.

    It is extremely important that you meet with a qualified DWI attorney and discuss the details with him or her.

    DISCLAIMER: This answer is not intended as legal advice and is a general answer for the general public. It does not establish an attorney/client relationship.

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  • Is there ever a circumstance when they have to divulge informant information in a criminal trial?


    Derk’s Answer

    It is possible in limited circumstances. In Texas, Evidence Rule 508(c)(2) and (3) regulates the circumstances under which the identity of a confidential informat must be disclosed. Essentially, if it appears to the Court that the informant may be able to give testimony or evidence that is material to a determination of guilt or innocence in a criminal trial, the Court must give the State an opportunity to disclose the identity of the informant. If the State refuses, the court shall dismiss the case upon Motion by the defendant.
    The question of what constitutes material testimony is answered in the case law and is too large of a topic for this answer.

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  • Can I still be arrested or prosecuted for a Class A misdemeanor in Texas from 1999?

    I was arrested in Dallas, Texas in December, 1999 for public lewdness, but moved out of state soon after to take a new job. I was processed and fingerprinted at the scene as part of an undercover operation, but not taken to jail, if that matters. ...

    Derk’s Answer

    If an "information" charging you with public lewdness was filed prior to the running of the statute of limitations, then yes you may still be subject to arrest and prosecution.
    I would not expect to see a warrant for this offense to appear on a City warrant list, as this offense is a Class A misdemeanor and would not be prosecuted in the Dallas Municipal Court. The database it appears that you are referring to is for warrants associated with the prosecution of Class C offenses in the Dallas Municipal Court.
    A Dallas bonding company and/or the Dallas County Sheriff should be able to tell you if a warrrant for your arrest still exists for this case.

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  • I have a Class C-theft , deffered for a period of 90 days and paid fine 300. Can I apply for expungemnt after 90 days?

    Can I apply for expungement after deferred 90 days? I do not have any other record. This is my only offense and will this effect my immigration status?

    Derk’s Answer

    Under the current state of the law, you will be required to wait until the statute of limitations expires. For all misdemeanors the statute of limitations is two years. In other words, you are not expunction eligible until at least two years from the date of the offense for which you were placed on deferred adjudication.

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  • TX criminal code, procedure for expunging criminal record

    my daughter by mistake took some clothes out of the department inside a mall store -fact becuase she had it displayed on her arm with the dye tages ,the hangers and the price tags ,she walked into the mall in clear view of everyone this was becuas...

    Derk’s Answer

    To answer your question about expunctions, there are several ways to become expunction eligible in Texas for a Class A Theft. First, a verdict of not guilty of the charged offense by judge or jury following a trial. Second, a dismissal by the prosecuting authority, and the running of the statute of limitations.(2 years for this type of case). Third, a reduction to a Class C which results in a successfully completed deferred on the Class C, and the running of the two year limitations period. Fourth, (and most rare in my view), the prosecuting attorney dismisses the case and the person can establish that the case was filed by mistake, false information, etc. In that case the person would be entitled to immediate expunction.
    As to your broader question about the best way to handle the case, no competent attorney can advise you of that without a detailed consultation with the client, a thorough review of the evidence, and a careful weighing of the options.

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  • What is the sentence range for two counts of title 18 USC section 494

    What range of sentence am I looking at for two counts of title 18 usc section 494. No transaction occured, less than 20k quote. Never have done anything close as stupid but speeding ticket. No job.

    Derk’s Answer

    Under 18 U.S.C. sec. 494, the maximum punishment is ten years in prison. Sentencing in the Federal system is generally accomplished through application of the advisory U.S. Sentencing Guidelines. There are numerous factors that infuence the applicable guideline range, and an attorney would need more facts to offer an educated opinion.
    You would benefit from a consultation with a competent criminal defense attorney with experience in Federal criminal defense. That attorney may be able to offer an opinion about the strengh of the government's case against you, and may offer a sentencing estimate, assuming a guideline imposed sentence.

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  • What is the general penalty for Obstruction of a highway in the state of texas

    What is the general penalty for Obstruction of a highway in the state of texas?

    Derk’s Answer

    Obstructing a Highway is a Class B misdemeanor, punishable by up to 180 days in the county jail and a fine not to exceed $2,000.00. Penal Code. 42.03.

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