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Matthew Wayne Shrum

Matthew Shrum’s Answers

11 total


  • Is this going on my permanent record, should i be concerned about this? should i try to fight this?

    I was in ulta, they thought i stole something when i handed my puppy to my boyfriend to take to the car, they called the cops. In reviewing the video tape with the cops they saw that i didn't steal anything….. when the cops got there i realized i...

    Matthew’s Answer

    It sounds like you were only issued a criminal trespass warning which will not appear on your record and there's nothing that you can do to fight it. Just don't go back to the store while the warning is active. Ulta and other cosmetic stores are constantly being shoplifted from and they pay attention to who is in their store. If you go back they'll likely notice and could have you arrested for criminal trespass which you would have to hire an attorney to fight to keep a conviction off your record.

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  • Class B employee theft & Class B for majuanna

    Hello, Today I got caught stealing about 168$ at my job today, I took 2 pair of shoes. I got caught on the way out of leaving work then they took me to the back room, from there one of the loss prevention employees wrote down a report. Then we ...

    Matthew’s Answer

    • Selected as best answer

    Since you were given citations for both cases you will have to go do the magistration at JP5 on your own. The date that you are to report to the court will be on the citations. When you do the magistration a bond amount will be set, you'll be given personal bonds on each case and you'll be given another court date. You'll need to hire a lawyer for these subsequent court dates unless you qualify for a court appointed one. They will likely ask you financial questions when you are getting your personal bond to see if you qualify for a court appointed lawyer. In Travis county employee theft is taken pretty seriously and you may be looking at probation. The class B, first time POM case is likely to be resolved by you having to take a class and do community service. All these things are negotiated by a criminal defense lawyer with the prosecutors. So it's in your best interest to hire someone that you're confident in to represent you. Even though you're not looking at jail time or huge fines, having a crime of moral turpitude, the theft, or a drug charge conviction on your record will cause major problems for you for the rest of your life.

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  • How many days can one county hold and inmate before they have to release them?

    Okay so my husband and I live in Nederland, TX and he had tickets from 2009 well the police finally cought up with him. Well he also tried to lie about his name so he had went to jail for failure to I.d. and warrants. This was Easter night March 2...

    Matthew’s Answer

    It has been my experience that a county jail will only hold an inmate for 10 days on warrants from another county. This is to allow the county where the warrants exist time to arrange to have someone come get him. If he's been held for more than 10 days since his time was served in the county where he was arrested, they should release him. I would recommend hiring an attorney in the county where he is incarcerated to inquire with the jail as to why they are still holding him. Inmates can get "lost" in the system and the only way to find them, and make the situation right, is to make some noise and rattle the cage so to speak.

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  • My question is do i check the box on any application when they ask have I ever been convicted of a crime?

    I have complete Deferred Adjudication probation. And in need of some solid answer about the law.

    Matthew’s Answer

    The other answers here are correct. If you completed the deferred adjudication successfully, then it was dismissed and you were not convicted. I would only add that you need to be very sure that it was dismissed. If there's any uncertainty about it, then get a copy of your criminal history or a copy of the disposition from the county or district clerk where the case was pending. If it was dismissed, it may be eligible for a non-disclosure which would seal the record of the charge from the view of most employers.

    Law Office of Matthew Shrum
    505 West 15th Street
    Austin, TX 78701
    (512) 447-2323

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  • My husband has a DWI in Texas, can he get it removed?

    My husband has a DWI from 12 years ago and 2 from 20 years ago. He's been sober since then. Is there any way to get it removed from his record?

    Matthew’s Answer

    Before you can answer whether or not the record of any of those charges can be removed you need to be able to say exactly how they were disposed. In other words, was he convicted or not. He should start by getting a copy of his criminal history from Texas DPS which he can do on-line or at a DPS office. If a charge results in a conviction it is not eligible for expunction or non-disclosure. The only way to get a conviction off of your record is by a pardon.

    Law Office of Matthew Shrum
    505 West 15th Street
    Austin, TX 78701
    (512) 447-2323

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  • Is there a deferred option for a Class C Misdemeanor Assault charge?

    I received a Class C Misdemeanor Assault ticket. There is good evidence against me so I do not think pleading not guilty is a good idea. Is there a deferred option? I need to try and keep this off of my record.

    Matthew’s Answer

    Yes there is a deferred option that could result in a dismissal. It is called deferred disposition. Typically any class C misdemeanor prosecutor will offer a deferred disposition on a class C unless there is something really bad about the charge. You have to pay a fine and court costs and likely have to satisfy some other conditions like taking a class or doing community service. You would plead not guilty, then talk to the prosecutors and ask for a deferred disposition... or have an attorney do it for you.

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  • Pled guilty, possible to get a retrial?

    Got out of the army as a hard drinker, got into a fight with a group of men labor day 2011. Charged with criminal mischief class b. I made a plea deal with the District Attorney and she offered 1 year of prob, with 40 hours community service. ...

    Matthew’s Answer

    If you already pled guilty to it, it is pretty much water under the bridge and it's on your record unless you get a pardon. The only other option that I can think of is that you convince the prosecutors and the judge to grant you a "new trial" so that you could renegotiate the plea agreement to a deferred adjudication or something else that would result in a dismissal.

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  • Can I press charges on someone who assaulted me on my porch that ended in a fist fight?

    Date of incident 5/24/12. Insulted me then thru first punch and grabbed hair. 3yr. Son next to me. I have no bruises except scratches and a bloody finger nail. This is the 3rd assault.

    Matthew’s Answer

    • Selected as best answer

    "Pressing" charges is really not what you can do. You can call the police and make a report of what you're describing. Then it's up to the cops to decide whether there is enough evidence to establish probable cause. Actually, if they think that there is, they have to present it to a judge who makes the decision about whether probable cause has been established by the sworn statements that the cops are presenting. If the judge thinks probable cause has been established then charges would be "filed" and a warrant would be issued. Once the case is in court and prosecutors are handling it , you get input about the case but that's the only pressing you can do. Ultimately, at that point, it is the State's case, and you are no longer in control of what happens with it.

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  • 3RD DWI??? PLEASE HELP?

    MY BROTHER GOT HIS 3RD DWI LAST YEAR AND HES BEEN OUT ON BOND AWAITING TRIAL. WELL THEY CAME TO PICK HIM UP THE OTHER DAY AND WHEN WE CALL TO GET INFO ON HIM THEY DONT HAVE A REASON FOR WHY THEY PICKED HIM UP. HIS COURT DATE WAS SCHEDULED IN A FEW...

    Matthew’s Answer

    It sounds like he violated a bond condition, perhaps the scram device detected alcohol, and they revoked his bond, issued a warrant, and arrested him. Since it's a felony, the judge could choose to not set a new bond until his next court setting and it could be very high. A third DWI is a third degree felony which carries a max jail punishment of 10 years in prison.

    Shrum Law Office
    505 W. 15th Street
    Austin, Texas 78701
    512-447-2323

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  • Is DUI Blood Alcohol content Public Info?

    This is not me, I am not charged but can a third party get this info? The case has not gone to trial all the newspaper said was the guy was charged with DUI with a child under 14 and well above the .08 limit.........Thanks

    Matthew’s Answer

    If it is a blood sample, it is not likely to be public as blood results take a relatively long time to get and therefore are not in the offense report or probable cause affidavit. Breath test results are commonly put in the probable cause affidavit which is easily accessible by the public and media.

    Shrum Law Office
    505 W. 15th Street
    Austin, TX 78701
    512-447-2323

    See question