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Achmed Mirari Defreitas
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Achmed Defreitas’s Answers

163 total


  • Do I have a case against the airline?

    On January 15th, we were flying to LAX , on the flight I was going to the restroom, I have no idea how , but somehow, I fell and got knocked out. When I came to, I found out I had a gash over my right eye. Since we've return home , I've been...

    Achmed’s Answer

    If you have no idea how, it may be very hard to establish a case for negligence under "slip and fall" per Texas law. Another question would be what is the applicable jurisdiction for this case (what state and court should the case be brought in). You should get checked out by a doctor immediately if your vision is still blurry and you are still having headaches.

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  • Should I be concerned even though I left everything? Should I call and set up arrangements?

    i attempted to shoplift at a retail store and got caught but escaped with nothing i left everything didn't take any items, I was drinking with some friends and wasn't in my right mind. They pulled off my work clothes....... I'm concerned they mig...

    Achmed’s Answer

    You should not be writing something on this site admitting to any crime. Your write up creates additional questions. Is your job connected to the alleged crime. How were you caught, but did not take any items from the store? Please do not answer any questions here. Consult an attorney if you want to discuss the matter further. Generally, speaking if you are going to be arrested for shoplifting it happens immediately following the offense and you would have made it to the door/exit or just outside the store before you were stopped/caught. This does not mean there are not exceptions to this general rule.

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  • Is registration applicable to one that has already exited the system and no longer on any probation nor registration requirement

    Looking for Clarification of AWA/SORNA Requirements! An individual was placed on Sex Offender Registry stemming from deferred adjudication probation for Criminial Solicitation of Minor under Texas Statute 15.031 in Texas. The individual complete...

    Achmed’s Answer

    There was an issue with regard to the overbroad nature of how certain laws dealing with minor solicitation were drafted, leading to the courts ruling them to be unconstitutional. Without getting into specifics, you may wish to contact a criminal appellate attorney to review your original case. In most instances concerning registration at the Federal level, a Deferred is considered the same as a guilty conviction. Fed registration has a longer reporting/registration period than state. So, yes you may have to, but I would seriously suggest that you discuss this matter with a criminal defense attorney in person and in detail as soon as possible.

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  • Will I lose my job and my security officer license, or could I continue to work as a security officer if I accept this plea?

    I am looking to find an Administrative Lawyer in San Antonio, Tx. I was arrested for a first offense dwi charge. My court appointed lawyer told me about a plea called taking responsibility where i would have to plead guilty to the offense of dwi, ...

    Achmed’s Answer

    I have had a client with a security license issue and a misdemeanor A DWI. We had a telephonic hearing for the matter and everything went well. Check if you can get another lesser charge which does not fall into the disorderly conduct Chapter 42 of the Texas Penal Code or have the court appointed attorney check. You may wish to contact DPS to find out what charges will affect your license, but if it were me, I would prefer for an attorney to handle the matter. Bring this to the attention of your court appointed attorney. On a matter such as this one, you should be able to maintain your security license and reap the benefit of the DADJ.

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  • What will happen if I forgot to do defensive driving, but I paid my ticket

    I got pulled over for running a red light I went to court I had to pay 150 and do defensive driving.

    Achmed’s Answer

    The purpose of the defensive driving part of the punishment under these circumstances is to keep the moving violation off your record. The court will either grant an extension to complete defensive driving or move foward with a conviction (leading toward the moving violation being placed on your driving record).

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  • Texas- my son has a court ordered interlock for a dwi but his car has been totaled and is inoperable. How can they Enforce this?

    Harris County, TX. Today, I found out that the court has ordered my son 6 days in jail, 32 hr community service, $200 fine and to install a interlock system on his car for a Dwi he got New Year's Eve. His car is totaled and we have no intention o...

    Achmed’s Answer

    He needs to have his attorney tell the court that he does not have a vehicle. The court will then make him get an in-home device or an anklet. He will not be allowed to drive a car without an interlock, until the court removes the order for the interlock.

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  • What is an average settlement when hit by a drunk driver and sustaining injuries that require therapeutic treatment?

    I was hot by a drunk driver. I've sustained injuries that I am in therapy for now. I was insured so the car is fixed and I have used up all of the money for my medial treatment.

    Achmed’s Answer

    I have worked both on the Plaintiff's side and for the insurance company. As such, I can tell you that there is no such thing as an average settlement with regard to an incident involving alcohol. If the individual was arrested for DWI, the DA should contact you with regard what your position is on the case. In addition, you may be able to obtain recovery from the state's victims funds. The insurance company handling this matter may also affect how quickly the case is settled. The DWI itself, can lead your attorney to negotiate off the basis that a jury will grant an extensive amount of punitive damages. I recommend that you hire an attorney who has experience in personal injury and DWI cases. I wish the best of luck in the resolution of your case.

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  • I bailed a friend out for a dwi in TX he has to do is call and check in if he doesn't what happens will he or I be arrested ?

    it was 1500 bond I paid 150 they say I'm the cosigner, he has to call in every month, if he doesn't will there be a warrant out for our arrestor is this a civil issue? once again this is a misdemeanor dwi

    Achmed’s Answer

    You will not face criminal charges as a result f this matter. Depending on what paperwork you signed with the bonding company, if you did sign paperwork with them, you may face civil liability. In other words, the bonding company may come after you for the remainder of the bond, should your friend take any action that causes a bond forfeiture, which can include failing to call/check in. If his bond is forfeited, a warrant is usually then issued for his (your friend) arrest. Your friend needs an attorney asap to advise him, if he is thinking of not calling/checking in. You may need an attorney to review the paperwork that sets forth whether or not you are a co-signor.

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  • Is it mandatory to have an attorney for my next court date for a dwi?

    I got a dwi recently and my court date has been reinstated to another date. I'm a stay home mom and cannot afford an attorney.

    Achmed’s Answer

    You will have to fill out some paper work with the court to see if can qualify for a court appointed attorney in Harris County, Texas. Otherwise, you can plea without an attorney or the court can set you for trial as a pro se. However, this does not usually work out well for the defendant. You are charged with a DWI, if you do not qualify for an appointed attorney, I seriously suggest you do what you can to hire an attorney to defend or negotiate on your behalf. Best of luck!

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  • I was arrested for my first dui, failed the roadside test, said no to blood test. officer did not explain refusal or sign any pa

    officer did not explain to me the consequences of blood test refusal for dui. Nor did he have me sign any papers saying i refused.

    Achmed’s Answer

    You may not have failed the roadside test, don't just assume that you did. The officer has to conduct the tests appropriately. If the officer did not read the DIC-24 form to you and did not get your signature, that could provide grounds to get the blood evidence suppressed. Sometimes this information is in the video. Additionally, looking into the officers background (employment history and training) may shed some light on whether or not the officer was capable of appropriately conducting a DWI investigation. In short, contact an attorney ASAP to begin investigating your case. Here is a link to what the DIC-24 form looks like if you have not seen it before: http://www.dps.texas.gov/internetforms/Forms/DIC-24.pdf

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