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John M. Gioffredi

John Gioffredi’s Answers

181 total


  • What is the difference ?

    Why does a pending charge show up on a background check when an employer does it but not when a apartment complex does it ? I was recently terminated from my job after two months because of a pending charge but when my apartments did a background ...

    John’s Answer

    I agree with the others, but also note that you said you have a pending charge. So it could also be as simple as one company searches for convictions, the other for arrests.

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  • Removing speeding ticket from MVR

    I live in the City of Lewisville and in March/April I was cited with a speeding ticket. I didn't go to court, I just paid it at the clerks office before the court date because there was no way I was going to be able to get out of work. So, I just...

    John’s Answer

    If it was important to you to keep the ticket off your record, you should have called an attorney. But you decided to handle it yourself. So now it's a done deal.

    Once the patient is dead, it's too late to call the doctor.

    I guess you'll know better next time, eh?

    Best of luck to you!

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  • I was just charged with a possession of drug paraphernalia. What are my chances of getting this off my record?

    I had nothing on my person, nor did I have an paraphernalia in my possession or room. I am a student and this occurred in the dorms.

    John’s Answer

    You state that you were charged with the offense of drug paraphernalia in your college dorm, but you had nothing on your person nor in your room.

    With those facts, you could likely win in trial with a lawyer, but that would likely cost you $750 to $1,500, or even more, and there could be no guarantee of winning.

    In Dallas County, under that set of facts, I can all but guarantee (98%+) that you could get deferred adjudication probation, and upon successful completion of that, you'd be entitled to have the matter expunged (completely erased from your record). So ultimately, your chances of getting that off your record are 90% plus, and the 10% uncertainly would mostly be determined by your ability (or inability) to successfully comply with a very minimal probation.

    But don't be an idiot and go it alone. Get a lawyer.

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  • I plead guilty to credit card fraud (guilty by association) and received deferred adjudication (1st offense)

    The offense happened back in 2002 but I found out about it in 2006 when I was pulled over for forgetting to turn on my headlights at nite. I just finished my probation and requirements with no other incidents of course and am being told that I can...

    John’s Answer

    Ms. Kemp is correct. Unfortunately, in Texas, all record "clean up" procedure is controlled by statute, and your situation requires a five year waiting period.

    Not to rub salt in your wound, but I would also point out that if your offense happened in 2002, and you never even found about about it until 2006, the case very well may have been subject to dismissal based upon Speedy Trial grounds, if you had pursued that angle.

    But at least you avoided the felony conviction. Many people in your situation aren't that fortunate.

    Best of luck to you!

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  • If I have two DWI cases pending, and I plea or get convicted on both of them, will my license be automatically suspended?

    I was arrested for a DWI 1st and then 6 weeks later I was arrested for another DWI. Both of the charges are pending in Dallas County as class B Misdemenors. If I plead to both of the DWI cases is it mandatory that my license be suspended since I...

    John’s Answer

    You have asked whether your driver's license will be automatically suspended if you are convicted of two first offense DWI cases occurring within 6 weeks of each other "since you would then have two convictions within five years."

    Tricky question! It depends. If you were under the age of 21 when the first DWI was committed, and you get probation, there is a mandatory 90 day DL suspension, but you can still get an occupational license. If you were under 21 at the time of the offense and you don't get probation on both cases, the DL suspension could be up to a year. If you were over 21 when both cases occurred, you can avoid any DL suspension for the DWI convictions if you get probation on both cases. See Texas Code of Criminal Procedure Article 42.12 Section 13 (which is an extremely long and complicated statute to comprehend!)

    The interlock isn't mandatory if you were over 21, but any Dallas judge will require one with two DWI cases happening that close to each other. If you were under 21, it is mandatory.

    The "two committed within five years" provision is not a separate DL suspension statute. It only explains how soon an Occupational Driver's License (ODL) can be obtained. If there is no DL suspension, there is no need for an ODL, and the five year provisions of Texas Transportation Code Section 521.251 do not come into play at all.

    This is VERY complicated stuff. Get a good attorney who can explain all of this to you. Make sure you find someone who knows how to avoid the DL suspensions if you were over 21 when both cases occurred.

    Best of luck to you!

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  • Can cops put "workers" present regardless? Is it the ticket holder's responsibility to prove otherwise?

    I received a ticket for speeding in a work zone on Labor Day. Due to the holiday, there were no workers present yet the ticket states yes. What are my options? I called a lawyers office but the receptionist said that it would be impossible to prov...

    John’s Answer

    It was LABOR DAY. It's hard to imagine that LABORERS were working that day, so I think your testimony alone would go a long way towards proving that you are right. It's not impossible to prove that there was no workers, but anytime that you are contradicting a cop there is a good chance that you won't win that battle.

    We charge $75 to handle Dallas tickets. Call us if you want legal assistance. 214-739-4515

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  • In an assault family violence arrest, does self defense qualify as an admission of guilt with regards to Miranda Rights?

    I was arrested for assault family violence a few months ago, and while under arrest in the back of the squad car, an officer asked me what had happened with regards to the assault. I was never mirandized at any point, and I told the officer it was...

    John’s Answer

    You ask if self defense qualifies as an admission of guilt with regards to your Miranda rights. Miranda rights are kind of tricky. If you simply volunteered a statement, it is admissible against you. If a statement was the result of custodial interrogation, it shouldn't be. The judge has to determine if you were in "custodial interrogation," or not.

    But we shouldn't overlook the central part of your statement - that your actions were done in self defense. A person is allowed to use self defense to the extent reasonably needed to protect themselves (or others, or property) against another person's use of unlawful force. No exceptions. A 300 lb male can use reasonable force to defend himself from attack from a 90 lb female.

    So if your self defense statement was true, and you can prove that at trial, the end result should be a not guilty verdict. And "he said - she said" assaults are fairly difficult to successfully prosecute without a third party witness.

    Get a good lawyer to defend you in court.

    Best of luck to you!

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  • I have a "theft by check less than $500" in McKinney. I paid the fees & checks off through the court. How do I get it dismissed?

    Everything has been paid. There is still a charge. I have not plead to anything. What is the best/quickest way to get it dismissed, expunged, off my record, never to be seen again, etc? Thank you.

    John’s Answer

    You have a "theft by check less than $500" pending against you in McKinney, you have already paid off the restitution, and now you ask the best way to get it "dismissed, expunged, never to be seen again."

    The BEST way to get it "dismissed, expunged, never to be seen again" is to hire a lawyer FIRST, then make that part of the plea bargain BEFORE you pay any of the restitution. While you still owe the money you have MUCH more leverage to get that done. Once you've paid the money, you have LESS leverage, and getting that done is going to be up to the discretion of the prosecuting attorney. They may still dismiss your case, if you are lucky, but I prefer to have ALL of my ammo before going into a gun fight. To me, begging for a dismissal is much less appealing than simply demanding one as a condition of the plea bargain.

    Similarly, if you break your leg, I'd advise seeing a doctor FIRST before treating it yourself. Doctors are more experienced at that sort of thing than most people - if you get my point.

    You'll probably be OK in your case since it's just a class C misdemeanor. Assuming that you have no prior criminal record, you can probably eventually get your dismissal. If not an outright dismissal (which is what you really want), perhaps a conditional dismissal or a dismissal after deferred adjudication. But I cringe whenever someone tells me that they just paid off $8,000 or so in restitution - so now what can I do for them? Well, before you gave them all of that money, I could probably get you any deal you wanted in EXCHANGE for that money. Now that the money has been paid, I'll go in begging and see what scraps they want to throw you. Not the best way to conduct business, if you ask me.

    Get a lawyer - you can probably hire one for less than $200 on a class C - and keep your fingers crossed.

    Best of luck to you!

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  • Do I need an attorney. I was arrested for for Assult on a child, which is not what happened. I was at a concert and one thing

    led to another and she ended up being 16 instead of over 21. She was drinking so I just assumed she was at least 21. Cops arrested me and I now can face a lot of jail time. Please let me know if the appointed attorney from the state would help ...

    John’s Answer

    YES! You need a good attorney! As you state: You can face a LOT of jail time (actually penitentiary time) but whatever. The court appointed attorney SHOULD help you. Most are very competent and highly dedicated, so you may already have a good attorney! But then again, some of them are awful.

    If the girl was 16, almost anything beyond kissing her or holding her hand is sexual assault of a child. It may be a stupid law (I think it's ridiculous myself), but it IS the law in the state of Texas. If you get convicted, you will become a registered sex offender! Try to get a job or an apartment with THAT hanging over your head!

    Call a few lawyers, interview them, and hire the best that you can afford. All is not lost, but I certainly wouldn't want to be in your position.

    Best of luck to you, sir!

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  • I received a DUI in 1988 then two more in 1991. Are any of these a felony? When I conduct a background check there's no history?

    Background CMS on myself state I have no criminal history? Does these mean they are considered misdemeanors? It's been 20 years since and I haven't been in trouble since. Can I possibly get any of these expunged?

    John’s Answer

    You state that you received a DUI in 1988, and two more in 1991. You ask: Are any of these a felony? And: Can I expunge any of these?

    I agree with lawyers Eastland and Beatty, but especially with Eastland's comment: "Your question raises more questions"... as is quite often the case! Get an attorney. There are other possibilities that they didn't even cover.

    Sometimes what seems to be a relatively easy legal question requires a lot more information, and that information produces a very complex answer. Such is the case here.

    I'll bet any of us three lawyers would take your telephone call for free to get you started. I certainly would.

    Best of luck to you!

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