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Katherine Ellen Shipman
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Katherine Shipman’s Answers

238 total


  • How can Montgomery County make a person file as a sex offender if they are no billed and not convicted?

    Case was no billed. No conviction. Now being made to register as a sex offender. Why???

    Katherine’s Answer

    Under the simplest scenario, they can't. If the person has only been arrested for one charge, and that charge was no-billed and dismissed, then there is no requirement to register. However, there are some more complex scenarios that might require registration. For instance, if the person was true-billed on another charge, and pleaded guilty and was convicted, and the other charge required registration, then it might be appropriate.

    You can always go to the District Clerk's website, look at the records online, and find out exactly what happened with the case. If you are the person being required to register, then I agree with Cynthia Henley - contact your lawyer and find out what is going on!

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  • Truck wrongfully towed

    My truck was towed from an apartment complex when I clearly had the "visitor parking pass" on the dashboard. I went to the front office of the apartment complex and was told I had permission between Thursday and Tuesday and by Sunday they had alre...

    Katherine’s Answer

    I have changed the practice area to consumer protection - it seems like the best fit, category-wise. You should file a complaint with the local sheriff or local police department. In most Texas counties, there is a board or committee that handles non-consent tows, and sets clearly defined regulations for when a non-consent tow can take place. Usually, the head of that committee is the county Sheriff or the local police department.

    Unless you can show monetary damages from the tow, you are unlikely to be successful with a lawsuit.

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  • Do I have to slow down in a school zone even though there are not students in school?

    It is summer and school is out but the school zone sign's lights still flash during the prescribed school zone hours. There are very rarely cars in the school parking lot so I doubt kids are attending summer school there. I was wondering if I am s...

    Katherine’s Answer

    YES! Officers can write a school zone ticket even if school is not in session. Even worse, deferred adjudication is not available for school zone tickets or construction zone tickets. Although it is maddeningly frustrating, you should go the speed limit through school zones especially.

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  • Got pulled over by police officer from another town

    So I got pulled over by a police officer from another town (colleyville) in the town of hurst. He gave two traffic citations, how is that possible, is this cop overstepping his authority? why do I have to answer to the court of colleyville and no...

    Katherine’s Answer

    I can understand your frustration - it seems a bit over the top for an officer to pull you over on traffic outside of his jurisdiction. I agree that the jurisdiction does matter - the municipal court only has the authority to fine people for offenses committed inside the city limits, or within it's extraterritorial jurisdiction, or ETJ. And that might be where they get you - you could have been outside of Colleyville, but still within the ETJ. This is a common issue in suburban areas. I would recommend that you hire a competent criminal defense lawyer who regularly practices in the municipal court in which your ticket it pending. The charge must be filed in the proper court.

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  • I had a PA licence and moved to SC. before getting the SC licence I got a seat belt ticket. in June I received my SC licence.

    Pa licence was surrendered at the time of getting my SC licence. 4 months later Pa suspended my licence. I live now in texas and can't a Tx licence due to Pa, nor can I start my new job with requires me to have a tx licence. Is Pa. wrong for susp...

    Katherine’s Answer

    The states have an agreement to honor each state's driver's license suspensions. You haven't given enough facts to accurately answer whether PA was correct in suspending your driver's license. If you cannot wait the 20 suspension out, then you should consider applying for an occupational driver's license (ODL). An ODL requires that you file a particular type of lawsuit that, if granted, will give you permission to operate a vehicle in Texas under certain conditions and in certain circumstances. The costs of an ODL can range from $250+ depending on the circumstances of your PA suspension, the court costs, and attorneys fees. Where the ODL is filed depends upon the reason for the suspension in PA.

    Please be advised that, in Texas, driving with a suspended license can be a Class C misdemeanor or higher, and the range of punishment can include jail time. Be careful out there!

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  • If i have aggravated assault with a deadly weapon and was dismissed can i buy a gun

    My brother got this charge 14 years ago and was trying to see if he would be able to buy a weapon

    Katherine’s Answer

    I agree with Cynthia Henley - you should hire a lawyer and get the arrest expunged from your criminal history. You are only prohibited from buying a firearm if you have a felony CONVICTION. So, as long as this was your only previous arrest, and the charge was dismissed outright (rather than as part of a plea bargain to another offense that might prohibit gun ownership), then you should be eligible to purchase a firearm. If you are concerned about attempting to purchase one, I would recommend that you consult with an attorney on an hourly basis before going to purchase. Many criminal defense attorneys will, for an hourly fee, review your history and give you an opinion.

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  • Do I have 10 days from the date my citation payment is late before any warrant is issued?

    Had a warrant because of traffic violations from 2006..I was incarcerated that year and released this year. I was placed on a pymnt plan, and was in compliance, but my pay schedule changed at my job. This caused my pymnt to be 10 days late. I've h...

    Katherine’s Answer

    It is up to the Court whether to issue a warrant, and every court has different policies. Often, a court with withdraw the capias when the payment is made. There is no law in Texas allowing you a ten day grace period on a payment plan before a warrant issues. A payment plan is an agreement between you and the Court, and is governed by the terms of the agreement.

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  • Do I need a Parole Attorney?

    My friend was on probation in Collin (DWI 3RD OR MORE) and Denton County (POSS CS PG 1 <1G). Collin County revoked the probation and he was sentenced to 2 years in TDCJ. Denton County also revoked the probation and after he accepted the TDCJ sente...

    Katherine’s Answer

    • Selected as best answer

    You might. You should also consider hiring a competent defense attorney to handle the case in Denton County. Your friend might have a due diligence defense against the Denton County warrant. At a minimum, you want to make sure that your friend gets credit for all of his back time on the Denton County case. If the Court revokes him on the Denton case, then it is possible for him to have to go back to TDCJ. However, it is also possible for him to parole on the Denton case out of the Denton County jail, especially if the sentences run concurrent. Your friend NEEDS A LAWYER on the Denton case, especially to make sure he gets all of his backtime at the time he is sentenced on the Denton case. If it is not written on the judgment, he won't get credit for it.

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  • I have a warrant for traffic tickets and I have to be in eviction court, will I get arrested?

    Eviction Court

    Katherine’s Answer

    It is impossible to say for certain, but probably so. It is common for bailiffs to run criminal histories on all named defendants or plaintiffs on the docket. You can always call the court and see what you can do to get the warrant lifted before the docket.

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  • Is macys entitled to keep clothing even after they charge a civil lawsuit and i paid the amount due to theft

    when got caught, i was taken to a room in macys, they told me to pay for the clothing saying that macys will be a lawsuit against me they came out with a 600 or more amount that day i paid them 500.and if i paid maybe they will not call the cops, ...

    Katherine’s Answer

    There is a specific statute in Texas that allows retailers to collect "damages" from shoplifters. However, in order to collect those damages without your agreement to pay them, they have to sue you and collect (and perfect) a judgment. Many people pay these damages hoping that Macy's will not pursue criminal charges. They usually pursue charges anyway. Unfortunately, law enforcement is not bound by Macy's promise not to press charges.

    Theft is a crime of moral turpitude and has serious consequences that go beyond your criminal history. It is critical that you seek the advice of competent and experienced criminal defense attorney.

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