Archived
Can i get the case dismissed and stay on my regular probation? And likelihood of small prison time or probation ?
Bart's answer
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Answered on December 18, 2015
The DWI is a 3rd Degree felony, The Assault (Family Violence-Impede Breath) is a 3rd degree felony. The chances of the State dropping the assault...
Archived
Do I have to do what they say or can I refuse?
Bart's answer
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Answered on December 18, 2015
You are not required to submit to a search without a warrant. You are not required to make a statement. If you empty your pockets and take off...
Archived
When will the state jail time begin. Does the county time transfer to state. If he is a trustee, will he receive 3 for 1 credit
Bart's answer
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Answered on December 11, 2015
Unfortunately, jail good time credit is not applicable to State Jail Felony sentences. While he will (should) get credit for each actual day...
Am I considered a "convicted felon" while on deferred probation? Can I tell potential employers that I am not a convicted felon?
Bart's answer
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Answered on December 11, 2015
Mr. Pate is correct, and since I am also licensed in Texas, I can state that Texas will not consider a deferred adjudication as a final conviction...
Archived
Mislead to make a recorded statement to my boss. The recorded statement was then given to the police. Any recourse?
Bart's answer
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Answered on December 10, 2015
If the police provided the recorder, and the Employer was cooperating with the police, he became an agent of the police. However, I assume you...
Archived
If the police show up, do I have to answer the door? If I do talk to them and see I am drunk can they search the house?
Bart's answer
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Answered on December 10, 2015
You are not required to open the door, talk to police or let them search unless they have a warrant. You are not required to answer their...
Archived
Do I need a Texas lawyer or will my NC lawyer be able to get me squared away in Texas?
Bart's answer
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Answered on December 06, 2015
You will need to retain a Texas Lawyer to get a Texas Occupational License. (Unless the NC lawyer just happens to be licensed in Texas as well. ...
Archived
If i cant afford an attorney, do i have to be appointed one the day OF the court case or before? Thank you.
Bart's answer
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Answered on December 04, 2015
Sorry, on a class c misdemeanor the state is not required to appoint counsel. The right to appointed counsel is extended to indigent defendants...
Archived
How does a secret indictment work when the accused is already in jail waiting trial?
Bart's answer
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Answered on December 02, 2015
A secret indictment? All grand jury proceedings in Texas are done behind closed doors and "secret." The state must bring any charges against him...
Is there a limit on how long to wear an ankle monitor...is 10 years normal
Bart's answer
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Answered on December 02, 2015
It is not "abnormal" while it may be different or longer than others placed on probation. Your issue is that you need to "prove" to the court that...
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