The GPS tracking and monitoring being sought would need to include various exclusion zones such as schools, parks, playgrounds and typical gathering places for young people. The deviant urges are serious enough to raise concern of more serious con...
You ask if an individual can seek mandatory GPS monitoring to protect himself and society from his predatory impulses.
Wow. That is a unique question. As far as I know, anybody can order a GPS monitor for themselves (or their family, etc.) at their own expense. Assuming that it was functioning properly, the GPS should be able to monitor his every movement. It should also be relatively easy to find a GPS monitor by simple Google search.
There is however no device or system (to my knowledge) to "alert" anyone upon entry into all of the prohibited areas such as you describe. The programming to do that might be possible, however I think it would be very difficult and cost prohibitive.
I greatly admire your attempt to protect this person and especially any potential victims by being vigilant and proactive. I would think that counseling would be your first line of defense. Presumably an experienced counselor would have other suggestions as well.
Best of luck to you! Be safe!See question
Friend complied with blood request and was arrested. no suspension of license as he didn't refuse. Out on bond for 19 months when court notifies him that he has new bond requirements including interlock device. It seems to me that a hearing may be...
There's no such thing as an "obligatory" blood test (it's either consensual or non-consensual) but it's a cool word, so that's OK.
Your friend may wish to pursue a speedy trial claim. He/she has an unusual delay in excess of one year, probably without legitimate justification. If combined with repeated demands for a speedy trial and a showing of some prejudice to the defendant, that may be able to get the case dismissed. See my summary on speedy trial rights for more information.See question
If a cop pulls me over for a head/tail light out, or whatever the reason it might be. Do I really have to get out of the car, if she/he asks me to, after giving him/her my insurance and DL? I have been stuying the fourth amedment right, however, ...
You ask if you must exit your motor vehicle upon the request of a police officer.
Yes, for two reasons: 1) The United States Supreme Court has said so since 1977, and 2) I've seen officers beat the hell out of people who refuse to do so. The person refusing to exit the vehicle is then generally charged with resisting arrest. And you are correct, the case that decided that is Pennsylvania v. Mimms, 434 U.S. 106 (1977), which was a 6 - 3 decision, meaning 3 of the justices disagreed with the decision. But it's still the law.
The decision held that the intrusion upon the privacy of the individual driver was minor, and outweighed by the risk of danger to the officer. In another case, the "get out of the car" rule was extended to passengers as well as drivers.
The only actions a motorist is required to do (other than to obey all traffic laws) is 1) pull the vehicle over if emergency lights are activated, 2) provide proper identification upon request, and 3) exit the vehicle upon request.
Best of luck to you!See question
They have not filed charges yet from my employer it just happened i am scared and do not know what to do.
You ask if you can get probation in Dallas County if you have no prior record and have been charged with embezzling $3,000.
I agree with what the others have stated. I'm working on a similar case right now in Dallas county. The amount stolen in this case was $5,995. I'm trying to get the assistant district attorney to dismiss the case outright if my client pays the full restitution amount up front. Unfortunately, my client gave a full confession upon arrest, and the prosecutor is insisting that he pleads guilty to a one year misdemeanor theft deferred adjudication probation. With his full confession on file, we can't turn that offer down. We're scheduled to take that deal on February 7th.
So the short answer is probably yes, you can expect probation.
Someone once famously said that confession is good for the soul. That may be so, but it's horrible for your defense!
Best of luck to you! Get a good attorney!See question
I was charged a class C misdemeanor, the lowest charge, for family violence. I was taken to the county jail and served time for it almost 24 hours. I want to get into the medical field for nursing and I am worried that this misdemeanor will preven...
Mr. Churak's answer is dead on. If you are serious about becoming a nurse, or any other professional contact a lawyer immediately!
Family violence charges are the only crimes in Texas where two successive class C offenses adds up to one felony! Family violence charges are VERY serious.See question
he is in a Dallas jail
In Dallas County, the sheriff always gives two days "good time" for each day served, including back time. This is sometimes referred to as "3 for 1."
If he has 13 days back time, that will satisfy up to a 39 day sentence (13 x 3 = 39), and he should be released within a few hours after sentencing, unless he has other chcharges outstanding.See question
Was it a type-3, AR, etc?
First of all, there is no such thing as the "CITY of Dallas County."
In the Dallas County criminal courts, no driving record is needed for an ODL. This is where misdemeanor DWI cases are filed. ODLs for a felony DWI are filed in the Dallas County District courts. They do require a driving record.
ODLs are confusing even to lawyers. You could try to do one yourself, but you should probably hire a lawyer.
Best of luck to you!See question
I refused field sobriety tests for my first DUI so I had an automatically suspended license. I received an ODL and during the time period (before being convicted of the first DUI) I received another DUI but the DPS never received my reinstatement...
Wow. This is a VERY complicated area of the law, and your question itself is very confusing. To accurately answer your question, a lawyer has to know exactly what your situation is. Usually, with a DUI, there are no sobriety tests given. But DUI cases, in Texas, ONLY apply to people under the age of 21 who have been drinking, but are not drunk.
Assuming that you are talking about DWI arrests (i.e.-drunk driving) and NOT DUI cases (under age 21), in Texas, there's no such thing as an "automatically suspended license" for refusing field sobriety tests. You can be automatically suspended for 180 days for refusing a breath or blood test, but it's only automatic if you don't request a hearing within 15 days, which is possible, but would have been a big mistake on your part.
If you get probation on both of your DWI cases, there will be no suspension for the convictions AT ALL, because they are both first offense DWI cases and you will have gotten probation on both. If you are convicted of the second DWI and do NOT get probation, there will be another 90 day hard suspension because of Transportation Code Section 521.251(b). The 90 day suspension applies because you apparently have had an ALR suspension in the five years preceding the date of your arrest. The 180 day hard suspension would not apply because your license presumably had not been suspended for a DWI conviction in the five years preceding the date of your arrest.
If you were convicted of both DWI cases and didn't get probation on either case, there would be a one year hard suspension under TRC Sec. 521.251(d).
You're going to need a lawyer to figure this out for you. Good luck!See question
Was it MADD And Alcohol Awareness classes or was that the same thing? Also was Dallas county likely to lessen the monetary penalty for starting or completing these classes before getting charged?
For a DWI probation in Dallas County, typically you have to take a 12 hour DWI Education program approved by the State of Texas, a drug and alcohol evaluation, and a DWI Victim Impact Panel. If you get probation, you'll likely be required to take these three classes. Sometimes I negotiate a plea bargain for time served if the client takes those courses up front.
Taking the classes early probably isn't going to hurt you, but before doing that, I'd recommend having your lawyer ask the DA how that might effect your final punishment. If there will be no reward, you might want to hold off.
Some clients choose to begin attending AA classes shortly after a DWI arrest. I wouldn't advise that as a primary strategy in trying to get a better outcome to your case. The final outcome of your case will probably not justify the additional cost in terms of time, money, and effort in attending all of those AA classes. On the other hand, if you have an alcohol problem and you want to deal with it, by all means confront it now! There is no time like the present! You will get SOME benefit on your case in addition to any personal benefit that you may obtain from AA.
If this is your third DWI offense (or more), AA classes would likely be appropriate and help you in your final sentencing. If your alcohol level was greater that 0.15 or so, that's also a pretty good indicator that you may have an alcohol problem.See question
These mistakes were made on my "Release to appear authorization" sheet I got when I was dismissed from the drunk tank. It has the price of the PI charge is stated on the sheet of paper. Can this be dismissed?
To: Public Intoxication case in Dallas:
You ask if an improper date of birth and / or the absence of your middle name on the citation can get your charges dismissed. The short answer is no, but you have an excellent chance of having the case dismissed otherwise.
The only inaccuracies which potentially lead to a dismissal of a case are those which are descriptive of an essential element of the offense. Neither your date of birth nor your middle name is required on a PI complaint, so those errors are irrelevant (other than showing the officer to be less than diligent in his/her paperwork).
On the other hand, from your description of the circumstances, it's pretty clear that this happened in the city of Dallas. Dallas is notoriously poor about prosecuting PI cases. Historically, PI cases are dismissed prior to trial over 80% of the time when proper defended, and they offer deferred adjudication routinely on the PI cases which aren't dismissed. Either way, you should be able to get the arrest expunged.
Hire a competent lawyer, and you should be fine. Don't try to handle it yourself - there are too many things that can go wrong.See question