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Jonathan A. Zendeh Del

Jonathan Zendeh Del’s Answers

47 total

  • Can an employer see deferred adjudification?

    About a year ago I got deferred adjudification for a misdemeanor of Theft class A. As I understand it is not a formal conviction and have completed my probation. When an employer does a background check will this show up?

    Jonathan’s Answer

    Right now, the arrest record will show up as it is public information. Because you got deferred adjudication, you might be eligible for a nondisclosure. You are not eligible for an expunction. A nondisclosure will prevent the pubic from being able to see the arrest. It will not the following entities from accessing information regarding the arrest/case:

    (1) the State Board for Educator Certification;
    (2) a school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement;
    (3) the Texas Medical Board;
    (4) the Texas School for the Blind and Visually Impaired;
    (5) the Board of Law Examiners;
    (6) the State Bar of Texas;
    (7) a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;
    (8) the Texas School for the Deaf;
    (9) the Department of Family and Protective Services;
    (10) the Texas Youth Commission;
    (11) the Department of Assistive and Rehabilitative Services;
    (12) the Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation;
    (13) the Texas Private Security Board;
    (14) a municipal or volunteer fire department;
    (15) the Texas Board of Nursing;
    (16) a safe house providing shelter to children in harmful situations;
    (17) a public or nonprofit hospital or hospital district;
    (18) the Texas Juvenile Probation Commission;
    (19) the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, or the credit union commissioner;
    (20) the Texas State Board of Public Accountancy;
    (21) the Texas Department of Licensing and Regulation;
    (22) the Health and Human Services Commission;
    (23) the Department of Aging and Disability Services; and
    (24) the Texas Education Agency.

    You should file a petition for nondisclosure.

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  • Is there anyway I can find out if I have a warrant in galveston county texas or anywhere else ?

    I need to renew my idenification card for my job through the dps office if I have any warrants what are my chances of getting arrested at the office.

    Jonathan’s Answer

    You can check to see whether you have a Galveston County warrant on the Galveston County Sheriff's Office link listed below. If you have a warrant you should turn yourself in and bond out on your own terms, instead of being arrested at an inconvenient time.

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  • Arrested and charged with class C disorderly conduct in TX, Arresting officer claimed i was making a threatening gesture.

    I was at a gas station and noticed many police cars all parked out of space blocking the parking lot. I understand that LEOs park out of line during an investigation or an emergency but i noticed all the officers hanging out drinking coffee and it...

    Jonathan’s Answer

    Sounds like a power hungry cop with nothing better to do. Hire a local Galveston County lawyer. My Galveston County office handles these types of cases.

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  • Renewing license after ODL and license suspension due to DWI

    I haven't been able to get a clear cut answer as to what I need to do. Can I just walk into the DMV and get my drivers license back or do I need to have an attorney handle this? I am making monthly payments on the surcharge fee if it mat...

    Jonathan’s Answer

    If your suspension has run, then you will need to pay a $125 reinstatement fee to DPS. You can then renew your driver's license. Check the link below for info on how much you owe and what your DL status is.

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  • A criminal case record says Confinement-365 days Probation 24 months does this mean jail time plus probation?

    A person plead guilty to a DWI Misdemeanor A. The criminal case record say guilty confinement -365 days and below that probation 24 months. does that mean he'll have both, or no jail?

    Jonathan’s Answer

    • Selected as best answer

    No. That means he was found guilty of a Class A misdemeanor and sentenced to 365 days in the county jail, but probated for 24 months. He will do probation and not jail time.

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  • Are there plans for a pretrial diversion program in Galveston for first-time DWI offenders? If so, starting when?

    Would a pretrial diversion program be better than a DWI charge reduced to a deferred obstruction / reckless driving? Will participants in a DWI pretrial diversion be eligible for expunction with Galveston County AND The DPS?

    Jonathan’s Answer

    • Selected as best answer

    I practice down here in Galveston County. A pretrial diversion program was just started within the last few months for many types of offenses. Currently DWI is not included. Rumors are that they are working out the kinks and considering adding DWI to the program. This is current as of July 2014.

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  • Is it illegal to drink underage with my parents at a restaurant?

    I am 19. Has always been a curious question of mine.

    Jonathan’s Answer

    William Housely is incorrect.

    In the State of Texas, minors can legally consume alcohol with their parents. Texas law states that a minor can legally drink alcohol with their parent, spouse, or guardian as long as they are physically present the entire time the minor is drinking.

    This law applies in private residences, restaurants, and even bars.

    Specific establishments can limit a minor's ability to drink, even if accompanied by a parent, etc.

    Have fun!

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  • What is the penalty for missing your court date and not showing up for 2 years for a 1st offense dui charge in Texas?

    I am going to turn myself in, but I wanted to know the penalty for the above question. I moved to Arizona and now I am ready to move back.

    Jonathan’s Answer

    • Selected as best answer

    If you missed your court date your bond was most likely revoked, and you likely have an active warrant. You may be able to post another bond, but you will need to turn yourself in and bond out again.

    Missing your court date would not, necessarily, affect the underlying DWI case, and that case will still have the same range of punishment (Class B - DWI w/ BAC under .15 - Up to 6 months in the county jail and up to a $2,000 fine; Class A - DWI with BAC over .15 - Up to 1 year in the county jail and up to a $4,000 fine).

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  • With a BAC test will they look for drugs in the blood?

    Arrested for DWI

    Jonathan’s Answer

    The DPS labs first test for alcohol. If they find alcohol then they usually don't test for drugs. A prosecutor can later send the blood back to be tested for drugs.

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  • What are the chances of beating a DWI if you were stopped in your drive way and the police didn't see you driving?

    Arrested for DWI in drive way. Police didn't see them driving, but have witnesses that called in. Could the entire stop be contested? Did take a blood test and failed. No field sobriety test.

    Jonathan’s Answer

    The cops didn't see you driving? In order to be convicted of DWI the state must prove that you were (1) Operating a motor vehicle, (2) in a public place, (3) while intoxicated. It sounds like they are going to have trouble proving both elements one and two. You should absolutely fight the case. You need to hire an experienced DWI defense attorney ASAP.

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