I was arrested for PI few days back I have few questions:
1) Can I myself change the date of hearing without having to go through a lawyer and pay a lawyer?
2) I have never ever had PI or any alcohol related charges or arrests before, could I myself go to court and talk to the prosecutor to expunge my record or will this require me to hire a lawyer?
3) I have a speeding ticket outstanding (I have taken defensive driving in past 12 months so cannot get it dismissed now since I cannot take another defensive driving test). Since speeding is the same Class C misdemeanor, will this ticket effect expungement of my PI case?
No. It's still an open case. Only closed cases which do not result in a conviction can be expunged.
I think that you are confusing yourself with the terminology that you are using. You want to try to get the PI dismissed or some type of plea agreement so it does not hit your record in the first place. If you are not a U.S. citizen a plea could affect you with immigration, if that is the case. You don't have to hire a defense attorney, however I would highly recommend it in your case. Good luck.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. Please contact at the Law Office of Daniel Corno, (832) 767-2922, 1535 South Richey, Pasadena, Texas 77502 [email protected], elabogadodaniel.com
1) You should be able to change the date of the hearing yourself without a lawyer. There is no requirement to hire an attorney. But you have to do it correctly and the requirements for requesting a continuance or otherwise move a court date vary from court to court.
2) No you are not going to be able to talk a prosecutor into expunging your record. Expunctions require a motion for expunction to be filed, and only you or your lawyer are going to be able to do that. There are strict requirements for that motion being granted. Although it's not legally required, you should get an attorney to help you with that.
3) You are only eligible to to have your PI expunged under certain circumstances, and it is up to a judge's discretion. It is possible the speeding ticket will affect the likelihood of succeeding on the expungement of the PI is an legit, although in my opinion, it is unlikely; however, it is impossible to know for sure in advance. Read Art. 45.051 and Art. 55.01 of the Code of Criminal Procedure for more information.
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