Questions answered by David N. Smith

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My boyfriend was recently arrested for possession of a controlled substance.

David's answer | Answered on August 13, 2013

It's a complicated situation. His attorney will probably want to talk to the other people who were in the car, but it they have been charged, he...

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Ex girlfriend in jail for Aggravated Assault Causing Serious Bodily Injury. What will most likely be her sentence?

David's answer | Answered on August 13, 2013

Each case is different, so there is no way to answer your question without more information, but it is true that most judges (and prosecutors), at...

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Being charged $2200 dollars for false alarms by the police dept. I was out of town and unaware of issue. Can this be challenged?

David's answer | Answered on August 13, 2013

I would need more information, but generally such citations can be challenged in municipal court and, to be realistic, the number of cases and the...

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PI charge

David's answer | Answered on August 13, 2013

Yes. It will show up as a charge that was filed and later dismissed unless you get it expunged. Most lawyers charge about $500 to handle an...

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In the state of Texas, what happens if you get a DUI citation while on probation for POM?

David's answer | Answered on August 13, 2013

Since it's illegal in Texas for anyone under the age of 21 to possess or consume alcohol, except in the company of and with the permission of their...

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Is "pillow talk" or "dirty talking" to a minor considered a crime of some sort?

David's answer | Answered on August 12, 2013

Only if it included a threat of some kind.

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I was sited for an open container for a cup in my cup holder, the vodka bottle was in my trunk, can I argue this in court?

David's answer | Answered on August 11, 2013

An open container violation is a class "C" misdemeanor, so it can't get any lower. As far as the officer searching your car without your consent,...

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Will a theft ticket that I have not gone to court for yet show up on an arrest record? Even though I was not arrested?

David's answer | Answered on August 11, 2013

I believe this is a duplicate of a question already asked and answered.

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If my husbands parole eligibility date was June 14, 2013 and he has to serve a six month minimum sentence; He was incarcerated

David's answer | Answered on August 11, 2013

Realistically, the other attorney's answer is correct. You could contact or hire an attorney who specializes in post-conviction issues, but (s)he...

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Will my probation officer know about a little theft ticket over the weekend?

David's answer | Answered on August 11, 2013

There really is no way to know for sure. The probation department will almost certainly run some sort of last-minute check, but it might not find...

David N. Smith's Answers (791)

My boyfriend was recently arrested for possession of a controlled substance.

Ex girlfriend in jail for Aggravated Assault Causing Serious Bodily Injury. What will most likely be her sentence?

Being charged $2200 dollars for false alarms by the police dept. I was out of town and unaware of issue. Can this be challenged?

PI charge

In the state of Texas, what happens if you get a DUI citation while on probation for POM?

Is "pillow talk" or "dirty talking" to a minor considered a crime of some sort?

I was sited for an open container for a cup in my cup holder, the vodka bottle was in my trunk, can I argue this in court?

Will a theft ticket that I have not gone to court for yet show up on an arrest record? Even though I was not arrested?

If my husbands parole eligibility date was June 14, 2013 and he has to serve a six month minimum sentence; He was incarcerated

Will my probation officer know about a little theft ticket over the weekend?