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Jim Mitchell Medley

Jim Medley’s Answers

772 total


  • Caught shoplifting at walmart

    I got caught Stealing about $15 worth of make up, they took my ID and social number The lady didn't call the cops or anything she just said it would be like a "warning" She asked if my address on my ID was accurate and I told her no and she sa...

    Jim’s Answer

    It is likely that nothing will happen criminally in your case. However, it is possible that you could receive a summons to Municipal or Justice of the Peace Court. An officer does not have to make the scene in order for a class C misdemeanor to be filed; the store could file it simply by complaint. This is not very common though- especially from a big store like Wal Mart.
    If you get a summons to court, you cannot ignore it. You will need representation. If the letter only makes a demand for money and it is from a lawyer's office - not from a local court - then you can refer to the first lawyer's answer for how to ignore that.
    Good luck.

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  • Can refusing to provide ID without reasonable suspicion be considered "blocking" or "obstructing" an investigation?

    When you watch videos of "photography is not a crime" activists shooting video of government buildings from a public sidewalk, usually a security guard calls the police. This is the typical result: Police: "Give me your ID." Photog: "Am I bei...

    Jim’s Answer

    Investigative detentions are common. These police encounters are adversarial and usually not with consent. An officer must have a reason to suspect you are involved in some illegal activity in order to initiate this detention. That puts you at odds with the government from the outset. Texas law does not criminalize refusal to give ID information if you are merely detained (not arrested). Refusal to give your name is nowhere near "Obstruction". Perhaps the officer meant Interference w Police Duties. Declining to give one's name is not Interfering. In fact, conduct that is speech related is specifically protected as a defense to prosecution in the statute itself.

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  • I am charged with delivery of meth and they say they have CI and an Audio tape what can I do

    They CI is not only a felon hes in prison now for 2 years on gun charges

    Jim’s Answer

    There in ONE answer to your problem. Hire a really good lawyer. A good lawyer will know how to make the most of the State's CI being a locked up felon. The recording will depend on its contents and how they went about getting it. Only a lawyer who represents you can review this evidence and make a plan of defense for you.

    Good luck.

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  • The state is seeking 5 days jail for DUI can I do more and ask for weekend time to help avoid paying fines?

    I am a single mom of 2 and can't afford much of the fines, can I do more jail time in lieu of this possible on weekends to help out with the fines?

    Jim’s Answer

    you should not do a single day for a DUI unless the prosecutor can prove the case. It is rarely as bad as you think. A good lawyer can help you. Even if the case cannot be dismissed or reduced, a DUI lawyer can negotiate a lighter sentence for you than you can do yourself.

    Good luck.

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  • I live with a pot smoker but do not smoke pot. I had to take a follicle test and failed. do I have options?

    I may be denied this position because my follicle test showed that I was exposed to pot smoke but I do not smoke it. I live with someone who does but honestly the house is not a cloud of smoke. What can I do to mitigate this problem, if anything?

    Jim’s Answer

    The odds are slim to none that any THC metabolite swill be detected in your hair if you have not used marijuana.

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  • I would like to know about the Vargas vs u.s parole comminsion my husband can not bond is this this prejudice?

    My husband violated his parole with gun charges but he can not bond out and the county jail is holding him until whenever. So far its been three months is it possible he can be released or that he can fight this and bond out??

    Jim’s Answer

    Parole violations are a unique situation. Your husband has already been convicted and sentenced to prison. His rights to be released on a bond pending the outcome of a hearing on whether he has violated his parole are very limited to nonexistent. Many people would flee, knowing they are about to be sent back to prison, so in most cases, they are not released on a bond like on a new case.

    Good luck.

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  • If the statute of limitations for a certain crime has passed, can a person be prosecuted for it anymore for any reason?

    Just wondering.

    Jim’s Answer

    Your question really begs the question . . . If you assume the statute of limitation has actually passed, then the State cannot charge you with that crime, assuming you have never actually ben charged yet. There are exceptions and details that only a local lawyer can give you based on the facts of your situation and local laws and rules. If your concerned about a possible pending case, talk to a lawyer in private. This site is not private.

    Good luck.

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  • My spouse was sentenced to 5 years probation and had a relapse and failed a ua after 6 months. They slapped him with a warrant.

    He doesnt have tye best background. First drug charge. They put him at hi risk probation do to his back ground. My question is what will the judge do when he goes to court will they send him to prison or take away his good time. He had asked for ...

    Jim’s Answer

    Your spouse may have a drug addiction. Many judges are willing to give people second chances if they have a drug problem but seem serious to address it. Enrolling in treatment programs or NA meetings can help in some cases. You will need a lawyer to coordinate these efforts though and to do it in the best manner. A lawyer will know which programs the courts prefer too. This may help avoid or at least minimize jail time.

    Good luck.

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  • Failing to stop for a pedestrian at a crosswalk ticket.

    Is it possible to reduce the point charge when you have points already on your license by yourself, or is a lawyer necessary?

    Jim’s Answer

    On any criminally related charge, you need a lawyer to speak for you in court. Never talk to a judge or prosecutor or witness or officer without having counsel.

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  • What are my options if I am sued for hitting a parked car while intoxicated?

    I recently passed out behind the wheel while intoxicated and hit a parked car. Although I had full auto coverage my insurance wouldn't pay for my car's damages and would only pay $4500 of the property damaged. My policy states the insurance cove...

    Jim’s Answer

    First, no one on this site is your attorney. There are no privileged communications here. Don't type out confessions over the internet to hundreds of total strangers. You could subject yourself to criminal responsibility as well as civil liability.

    If you are being sued for damages exceeding your policy limits, you could be required to pay if the damages are proven. Talk to your insurance agent about the demand letter. You will likely need to talk to a lawyer in private about your matter at some point.

    Good luck.

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