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M Elizabeth Gunn

M Gunn’s Answers

3,121 total


  • Can I appeal a denied change of venue in a criminal case?

    •Threatened.•Received a lesser plea deal which then lawyer quit on me without notice then d.a. Was replaced/removed which erased lesser plea deal which is what their accusing me of plagiarism because it was all in writing•Issued high risk warrant ...

    M’s Answer

    I think you have formed some sort of incorrect impression as to what a change of venue entails. It has absolutely nothing to do with plea bargain agreements. The only way you'd get a change of venue is if for some reason it was deemed impossible to pull an unbiased jury from among the otherwise qualified residents of the county in which the crime occurred. There might be other circumstances which would justify it, but the only ones I'm aware of involve there having been substantial amounts of negative publicity regarding the case prior to the trial. A change of venue does NOT change anything but the jury and courthouse in which the case is held. The judge, prosecutor, and defense attorney all remain on the case and participate in the trial, and the pretrial proceedings all go just as they would otherwise, so the only difference is that they hold the trial in another county so that county's residents can serve as jurors.

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  • Shouldn't the charge be possession of a dangerous drug not possession of a controlled substance?

    A 2mg xanax broken into 3 pieces was found in a bag. I was charged with possession of a controlled substance and the degree was based on the weight of the pills. That is incorrect, right?

    M’s Answer

    Nope. Xanax, or alprazolam, is very definitely classified under Texas law as a controlled substance. It's one of a long list of drugs included in Penalty Group 3, a statutory division of controlled substances. If you really feel like looking it up, the list is somewhere in Chapter 481 of the Texas Health and Safety Code. If you get caught with less than 28 grams of alprazolam or any other Penalty Group 3 controlled substance and can't produce a prescription allowing you to have it, you get charged with a Class A misdemeanor POCS (possession of controlled substance) offense. If you get caught with 28 grams or more, you get charged with some degree of felony POCS. One Xanax pill is way less than the number required to get you a felony POCS, but misdemeanor POCS would be the valid charge under those circumstances. You need to find an attorney who can help you with this.

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  • Under Texas Criminal Law, if I know my friend may have knowingly transmitted HIV to another person, what are my duties?

    All parties reside in Texas. I was just informed by my HIV negative friend that he had unprotected sex with a mutual friend of ours who is HIV positive. My HIV positive friend knew he is HIV positive yet he did not disclose his status to the mut...

    M’s Answer

    The situation you've described isn't one where Texas law would consider you to be an accomplice to any crime I've ever heard of, assuming we are talking about competent adults. Your positive friend, on the other hand, may be in a different situation on that, but unless you somehow did something to facilitate all this, it sounds like you should be okay criminally. Ethically may be another story.

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  • Can an ex employee be charged for criminal charges if he's hold property like keys, cc, computer documents for day to day bus

    Office manager decides to pull company information onto his thumb drive and give business no acess for view or print, business pictures, documents and company expenses. We called and text no answer. Still has company cc and entry door key.

    M’s Answer

    Unless he's actually used that credit card for personal purchases, or perhaps used the keys to enter the business after his employment was terminated, that sounds iffy as to criminal charges. And you're pretty definitely not going to get criminal charges off the whole data situation, because that's not a piece of physical property, which is what our theft statute is set up to cover. Honestly, the odds are good the police would end up telling you it's all just a civil matter and you need to take him to court, but it is at least true that the card and keys are company property that he's presumably holding without any kind of legal claim that they legitimately still belong to him. A better solution than immediately going to the police might be to retain an attorney to send him a very strongly worded letter about the situation. Those letters have to be worded very carefully to not run into problems, but it seems like the might be one way to resolve this. Good luck.

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  • I would like to know is there a lawyer that would work on contingency to sue a major retailer.

    I was taken through four year of criminal Proceedings a dismissal after 2 years and another 2 was a dismissal again. I was charged for robbery and had a felony change against me I need an aggressive attorney to sue for everything under the sun go...

    M’s Answer

    Im sure that this isn't what you wanted to hear, but the answer from Mr. Foote really does a pretty good job of explaining the reason why you're unlikely to be able to get what you're looking for out of this situation. (And while it's true he appears to practice in Maine, not Texas, this is not one of the times when some difference in Texas law would change things). If you have any hope of being able to successfully sue anyone, the retailer is the only likely defendant probably worth pursuing, and you're not going to be able to find an attorney willing to take your case on a contingency basis unless they feel pretty certain that both the evidence and the applicable Texes laws would support a sizable (and collectible) judgment. Again, sorry the answers you got are undoubtedly not the answers you wanted, but they do reflect the truth.

    On a brighter note, you don't have a felony hanging over your head anymore, and as long as it did end up getting completely dismissed, you should be able to get it expunged and off your record. I would point out, though, that won't work if you really want to sue, because it would then be vital for you to keep all the records of your arrest and prosecution intact (they'd constitute needed evidence in the civil case, and and expunction would order their actual destruction). Good luck!

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  • How to convince prosecution/judge to give a Pre trial divergent (PTD) contract to my 1st time offender husband for DV class A ?

    My husband (1st time offender) was arrested and bailed for domestic violence, class A misdemeanor family assault as i pressed charges after he has grabbed my hand & pulled me from the bedroom to the hallway, spat on my face thrice & threw a mini l...

    M’s Answer

    Sorry, but no pretrial diversion program I've ever heard of has been willing to accept anyone with a family violence case. That's just one of their rules. He does not have any kind of constitutional or statutory right to be in the pretrial diversion program, so there is no way anyone can force the DA's office to change their rules to let him in.

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  • If your probation is revoked, can you bond out?

    If your probation is revoked for not paying, can you bond out of jail? I am on deferred probation for a felony but it was changed to a misdemeanor. What happens after they revoke your probation.

    M’s Answer

    It depends on what you mean by "revoked". If the judge has acctually revoked him, meaning already held a revocation hearing and decided to revoke the defendant's probation, then the only way to get any kind of bond would be file notice of appeal and file for an appellate bond (which would keep the defendant out on bond while the Court of Appeals decided the matter). I have a feeling that may not be what you actually mean, though. If you instead just mean that the probationer got arrested on a capias (warrant) the court issued after the DA filed a motion asking to court to revoke his bond, but hasn't held the hearing yet, then yes, the court should grant a bond that would allow the probationer to get out of jail while the revocation proceeding is still pending (it can take a while to get around to a hearing on those, especially for a bonded defendant). Let me know if that doesn't answer your question.

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  • Can I be forced to do probation in a state that I am no longer living?

    I was charged with a felony about a year ago in the state I used to live. Since then I have moved to a different state and have been living and working here for a few months already. If the state I was charged in wants to put me on probation, but ...

    M’s Answer

    Yes, you can very definitely be forced to do probation in a state you no longer live in. You're the one who committed the crime in Texas, and you're the one who decided to move to the other state, right? Why should that limit a Texas court's ability to punish you?

    If you don't want to do probation, your attorney needs to talk to the prosecutor about what your other options might be, but the most obvious one involves some term of incarceration, which you'd probably like even less. In some cases, the probation department will allow what's call "mail in" reporting, but that may or may not be an option for you, and there's no way anyone here can tell you that. Again, talk to your attorney.

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  • When can a bondsman request to revoke bond?

    When out on bond for criminal charges I understand there is a "contract" you sign with the bond company agreeing to certain stipulations you must abide by. But can a bondsman demand you go to rehab beyond what was agreed to or require one to resid...

    M’s Answer

    I've never heard of a bondsman doing that. The only thing that comes to mind is that some courts will put some pretty restrictive conditions on bonds, but the only drug-related one I've ever heard of is making you come in periodically and get a drug test done while you're on bond. Still, you might want to check to see whether all that is actually something the bondsman is inflicting on you, or whether those are conditions the court came up with, because that just sounds more likely to me between those two options. Bonding companies truly don't care about anything besides making sure you get to court so they don't lose their money and have to go chase you down. They're not in the rehabilitation business. Either way, it's definitely odd.

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  • How do I get alimony from cheating pedophile Husband

    I recently found out that my husband of a year & 1/2 is a pedophile. He approached a 15 y/of girl that goes to my son's school & also my 12 y/o daughter. Both of my kids are from previous marriages. We bought a house about 9 months ago & he was th...

    M’s Answer

    Sorry, but you're barking up the wrong tree. You don't get alimony in Texas, under any circumstances. A very few spouses are eligible for something called "spousal support", but you have to be married for much longer than you have been, and you also have to show you truly can't meet your minimum basic needs (and we're not talking pedicures and vacations there:shelter, food, etc.) without some assistance. It's also limited as to how long you can get it. You wouldn't get child support, because they're not his kids. The reality is, you're probably not entitled to much of anything, unless in that year and a half, the two of you have actually accumulated some major assets, which is usually not the case. Given the situation with your daughter, you might be able to get something more in the way of community property division for going through that, but your lawyer would be in a much better position to assess that than anyone here would.

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