I know I have a class c misdemeanor and I want to find out if there is anything else out there and how to get records sealed or expunged and how much does it cost?
The term "expunction" is a legal term and is very limited in its availability. There are other legal mechanisms that can be quite similar, such as a "non-disclosure". Maybe you are correctly seeking these remedies. Perhaps not. A quick call to a qualified criminal defense attorney's office can put you on the right track. We can check court records, determine the status of your case(s) and propose options for you that suit the task at hand. Since class C misdemeanors are usually issued by citation, the records will most likely be located in a Justice of the Peace or Municipal Court system. Please be prepared to tell the attorney's office where you received the ticket in geographical terms, such as the City of ..... or in the County of......... If you don't know exactly, that is OK. We can usually figure it out by asking you a few questions.See question
My brother has two warrants out in Harris county and Cameron county for traffic tickets but is currently serving time in Nueces county. He has been serving time for going on five months now and will probably be there for a couple more months on a ...
Caution ! Pleading out for credit for time served often backfires! While this option may seem logical, economical, convenient and, at times, even a fortuitous opportunity for an inmate, doing so may cause the person very serious collateral consequences. It is the same as pleading guilty, differentiated only in the form or "currency" --- hard time instead of hard money. But once he is out of jail, he will have to deal with the collateral consequences. Certain convictions may cause DPS surcharges and/or license suspensions. Those surcharges can be hundreds of dollars for each conviction and THEY CANNOT BE DISCHARGED WITH CREDIT FOR TIME SERVED!! I cannot tell you how many times I have talked to people that thought they were doing the right thing by sitting out tickets in jail, only to find out months after their release that they dug themselves deeper in debt by falling into the surcharge trap. Here is a basic review of the Surcharge Program, also known as the DEPARTMENT OF PUBLIC SAFETY DRIVER RESPONSIBILITY PROGRAM
A conviction of an offense under a traffic law of this state or a political subdivision of this state may result in the assessment on your driver’s license of a surcharge under the Driver Responsibility Program.
Your driver’s license will accumulate points as follows:
Conviction for a moving violation, except speeding less than 10% faster than the posted speed limit in a location other than a school zone – 2 points
Conviction for an offense relating to child passenger safety seat systems – 2 points
Conviction for a moving violation resulting in an accident – 3 points
If you accumulate 6 or more points during the preceding 36 month period, you will be required to pay to the Department of Public Safety, a surcharge of $100.00 for the first 6 points, and $25.00 for each additional point.
Each year, the Department of Public Safety will assess a surcharge of $250.00 if, during the preceding 36-month period you have been convicted of “driving while license invalid,” “failure to show proof of financial responsibility (no insurance),” or “operating a motor vehicle while the registration is suspended.”
Each year, the Department of Public Safety will assess a surcharge of $100.00 if, during the preceding 36-month period you have been convicted of “driving without a valid license.”
A closing thought on outstanding traffic cases. Two common types exist. The "capias" warrant-type is a distinguished from the "bondable" warrant-type case in this important regard. In the capias type of situation, a person has gone to court and entered a plea of either guilty or no contest and then, thereafter, failed to pay or failed to complete defensive driving or some other failure to complete an agreed upon task. If this is the situation, Brother has no good choice. He is either getting credit for time served or getting released to go back into the world with the continuing obligation to pay the court where the ticket is filed. On the other hand, if Brother simply never went to court and never entered a plea of guilty or no contest, he is still presumed innocent and may still plead NOT GUILTY. However, to do that, he will probably have to post a bond on each case. Contact the individual court for bonding information. Bonds can usually be done by cash directly to the court, through a bail bond company or through an attorney in the area.See question
The officer pulled me over for allegedly going 60 in a 45, but made several questionable decisions and has a history that tarnishes his integrity.
Nobody wants to have a tarnished history, but sometimes people, including police officers, do things that they may later regret. No matter how many good things they may have done, just one bad mistake can tarnish an otherwise stellar reputation. But, our focus here, is on you, not the police officer. You ask "should I fight it?" and the answer for the accused is almost always (if not always) YES! You don't need to be madder than a wet hen to fight, you just have to be brave and understand that it is the State which must prove you are guilty. Until that point, you are presumed innocent, so get in the ring and set your sights on the bell of justice!See question
I received a ticket for speeding in June 2016 and couldn't go to court until September. I received deferred adjudication for three months. Recently I received a speeding citation in the county I was prohibited from getting one in. The cop told me ...
This is a superb question that traffic lawyers get asked often. It is critically important that you allow an attorney to review the exact language in your probation order to determine what, if any, breach of the agreement you may be dealing with. Merely "receiving" a ticket is not the equivalent of being "convicted". Remember, you are considered innocent until proven guilty or until you plead guilty (or no contest). Probably the worst thing you can do is pay the second ticket. That could result in both the old ticket and the new ticket going on your driving record.See question
Almost a week ago, I was pulled over in Austin, Texas for running a red light. I was also charged with financial responsibility. I have insurance, I just did not have my insurance card. In the process of calling my issuance company to send me anot...
You are correct about taking the Driver's Safety Course (DSC) once per year. This is the general "rule". There are some occassions where I have had clients completing more than one DSC per year under special court orders.
You will easily find Austin, TX attorneys that practice in the various traffic ticket courts, both municipal and justices of the peace, simply by doing a little homework. Marlin Municipal Court would be the place that I would opt to do the Driver's Safety Course (DSC) and seek legal counsel for Austin. In my experience, the best results in Austin come from those attorneys that are willing to actually do some legwork and go to the court on your behalf, especially since you are in Dallas.
Convictions for either speeding or running a red light are the same with respect to points on your record. They are both 2 point offenses. Once you reach 6 points, the dreaded Surcharges from DPS will become another problem for you. Keeping these tickets off of your record will keep you out of the surcharge nightmare.
One more tip..........You must request the DSC in writing from the court with a plea of either "guilty" or "nolo contendere" before the appearance date on your citation. Read you citation and the court's website regarding the DSC requirements and application process carefully. If you retain counsel, consult with them thoroughly.See question
Hello, I have a court date coming up for old jp tickets. One Of The Tickets For Not Attending School, One Failure To Appear Court & a Disorderly Conduct in Class. How Should I Go About This Case!?!
Good fortune, luck and providence are great defenses if they come to you on your court date. Otherwise, you should consider having a lawyer come to you on your court date.See question
Speed Limit: 65 Alleged Speed: 80
What you seem to be asking is.."If I have no auto insurance in my name and therefore cannot qualify for the Defensive Driving or Driver's Safety Course (DSC) option, are there any other alternatives for dismissal?"
Answer: Yes. There are several avenues that may lead to dismissal. You have the right to plead "not guilty" and demand a trial by judge or trial by jury. Should you choose either of these, especially jury trial, you are best advised to retain an attorney familiar with traffic ticket defense. If, at trial, you are found Not Guilty by the judge or the jury, you will be acquitted and the ticket will not go on your record. Another viable route may be a probation agreement between you (or your attorney) and the prosecuting attorney for the City of Houston.
I was by Luling, Tx when a state trooper pulled me over for doing 87 on a 75. He asked for an explanation as to why I was going so fast. I told him I had to be 3 hours south of the Border by that night because my great grandma died and she was get...
If you pay the outstanding ticket, it will go on your record as a conviction. You will get 2 points towards the Surcharge Program also. Once you get 6 or more points, you will be penalized by the DPS and have to pay more money. Stay below 6 points during the next 3 years and you avoid the surcharges.
If you decide to fight the ticket, you should definitely seek an attorney. You may have to have the attorney post a bond for you to have a warrant lifted. (there are other ways of doing bonds, too).
One very interesting aspect of your fact situation is that you say you were issued the ticket on August 3rd, 2013. That was a Saturday. The due date of August 15, 2013 was a Thursday. Counting the number of business days that you were given to respond, a good argument can be made that the officer did not give you legally sufficient time to appear and that, my friend, is serious misconduct on the part of the officer. You might very well win this one if you play your cards right.See question
On Jan 19 I hit a tree at 40mph head on after hitting a patch of ice. I was wearing my seatbelt. The only airbag that did deploy is passanger curtain. I ended up with 15 fractured ribs and I have yet to get my right hip looked at but is notated on...
Preserving the wrecked vehicle is a critical and often overlooked task that you simply must do now, not later. Take possession of the wreck. If you have to pay out of pocket to get it out of a storage lot, do it. Store it in a dry and safe place. If you hire a lawyer to determine if you have a claim against the vehicle manufacturer, he or she will be thrilled to know that the central piece of evidence to a potential lawsuit is safe and sound.See question
I was pulled over for speeding and because I don't live in that city, I kinda forgot to pay attention to the deadline to pay the ticket. I have never gotten a ticket before but today I got a call from thr court about an arrest warrant due to failu...
If you postmarked payment on or before the date your ticket was due, the Court should not issue an arrest warrant. If you have not done so already, call the court clerk and confirm that they accepted your payment. Generally, Texas courts do not report delinquencies to the DPS (Dept. of Public Safety) Failure To Appear Program, until 30 days or more have elapsed since the ticket became delinquent. You can always check online to see if you have any reported delinquencies at http://www.texasfailuretoappear.com/search.php
Any citation reported as outstanding on this report is considered a "flag" on your driver's license renewal.