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Jim Mitchell Medley

Jim Medley’s Answers

772 total


  • Am I eligible for a 1244 a/b,

    Its my second poss.under a gram ..their offering 9 months but I feel like my atty isnt representing me to the fullest because he says I cannot get a 1244a and he will not really give me a reason why .but I have never had one before and I've heard...

    Jim’s Answer

    • Selected as best answer

    There is no legal reason why you would be ineligible for a 12.44 sentence. The prosecutor must be willing to offer it though. Since the 12.44 (a) or (b) punishment range is at the prosecutor's discretion, they are less likely to offer it to people with priors. If your case is in Tarrant county, the prosecutors there are pretty strict. Your lawyer may be doing everything they can.

    Your lawyer faces the uphill task of getting someone a lighter sentence for something than they got the first time they did it. 12.44(a) or (b) is a lighter sentence than 6 months STJ, so your prior sentence does make it difficult. It is not impossible, but you are in a tough situation.

    Talk to your lawyer about your concerns. If you aren't satisfied with their explanation then maybe consider a different lawyer who you can trust. It is your life.

    Good luck.

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  • If I'm cited for serving an intoxicated person am I available for an non-arrest bond?

    i'm currently on deferred adjudication for a felony that im on probation for right now, so what be the best course of action to move forward with

    Jim’s Answer

    There are a number of things that can happen to you. If you were only cited and not arrested, there is a chance nothing will happen right away. Although, you may be required to report the charge to your probation officer the next time you report. Talk to a lawyer familiar with your case before you say anything to anyone.
    If you were arrested, then there is more of a chance your situation is going to come up on someone's radar. Which judge you have, how far along you are on your deferred, and whether you have had any problems on the deferred in the past will dictate what will happen. You should immediately contact a lawyer familiar with your court and get some good advice before you do ANYTHING else.
    Whatever you do, do not take any plea or pay any fine on the TABC charge without getting legal advice about your probation situation first.

    Good luck.

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  • I received a summons to appear in court on a motion to proceed with adj of guilt for something i didnt do what should i do?

    I was arrested for a dwi i hired a good attorney and plead to a lesser charge of obstruction of a passage way i was placed on probation and ordered to have smart start on my vehicle and complete community service. I have been completing everything...

    Jim’s Answer

    As unfair as it may be - NO ONE NEEDS A LAWYER MOE THAN AN INNOCENT PERSON WHO STANDS ACCUSED.

    If you try to handle this alone, you will have problems. I assume there is no camera showing it wasn't you. Get help and you should be okay.

    Good luck.

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  • Advice for first time court appearance?

    I was arrested last year for possession of marijuana ( 2 grams ) and on that night the case was dropped so they let me go without posting bail or anything. About a month later I received in the mail that I had a warrant for my arrest but I don't k...

    Jim’s Answer

    Don't try to defend yourself.

    Do not say anything in front of the judge. Do not try to explain anything. Do not offer defenses or explanations.

    Get some kind of representation. There are cheap lawyers out there. Get on the phone and interview some people. Good luck.

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  • Could possession of a handgun result in a juvenile being transferred in to a criminal court

    this is for research purposes only

    Jim’s Answer

    If you are referring to the misdemeanor charge of Unlawful Carrying a Weapon, then no. If the weapon were being carried on a premises licensed to sell alcohol or on school property (felony charges) the answer could be different.

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  • If I am currently dating a known sex offender, can I myself be investigated as well?

    Significant other is currently registered on megan's law and in good standing.

    Jim’s Answer

    Anyone is subject to investigation.

    Of course anyone's chances of being investigated increases if they are associated with someone who is being investigated or known to be in trouble.

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  • What should I plead?

    I have 3 charges. Burglary, grand theft, and trespassing. I did take the stuff, but someone else said they were in the process of buying the place, and to take them till he finishes buying the place. He broke into the place and let me in. I didn't...

    Jim’s Answer

    YOU do not plea anything. Get a lawyer. Talk to your parents. They need to help you.

    A lawyer will help you and give you real advice and what to do when you go to court.

    Good luck.

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  • Its my first offense and im charged with a felony of burglary in a residence what are the chances i wont go to jail?

    harris county. in the report the police said i cooperated and i never broke into the house i stayed in the car at all times. i confessed to the cops that me and two friends had the intention of braking in so they see me as i was part of it. they r...

    Jim’s Answer

    From what you have described, if a burglary can otherwise be proven by the actions of your friend(s), then you are in a bind. As long as the recorded statement included your Miranda type warnings required by Texas CCP 38.22, your confession may be admissible. They still have to prove you assisted in some way. Just knowing and being "in the car" may not be enough.

    You need a really good lawyer. You had the right to a lawyer when you made that foolish confession. You gave it up. Don't continue to compound the mistake by not getting a very good lawyer at this point.

    Good luck.

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  • My wife is in prison , she got 30 years, how ever T D C J sent me a paper saying she get parole in 2015 she has done 1 year

    will she get out in 2015?

    Jim’s Answer

    That does sound odd. Did she send you a copy of what she received?

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  • Can a police officer arrest you, take you to be processed , not process you and abandond you ?

    I was arrested while I was intoxicated. I was a non traffic arrest. The officer keep me in the back of his police car, where I was laying on my side. I must of been there a hour. He then came, uncuff me, he said "it was my lucky day". I asked him ...

    Jim’s Answer

    Would you rather be in jail?

    Would you rather have to be on here looking to spend money on a lawyer?

    It probably wasn't the most "appropriate" police procedures, but you are probably better off because of it.

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