Being arrested and charged with a crime is something that can happen to anyone at anytime. That's because we sometimes make mistakes or wrong decisions that end with us being accused of breaking the law. And, there are those who find themselves accused of a crime they did not commit. Either way, each can land us in court to face the possibility of going to jail, or prison. When these things happen there are so many questions we want answered, and so many things we are scared of or nervous about. But, don't look to the internet for answers to such important questions. Instead, ask me your questions. I will give you the right answers, and together we will come up with the best strategy for handling your case.
If you are on probation and violate any condition of that probation you can be taken back to court on a Motion to Revoke or a Motion to Adjudicate. Although slightly different, both motions detail the alleged violations, and then ask the Judge to take you off of probation and throw you in jail or prison. When the DA files either of these motions, they also ask the judge to put a warrant out for your arrest. I will help you resolve the warrant, and tell you what we need to do about your probation. When a Motion to Revoke or Adjudicate gets filed against you it is important to start getting caught up on your obligations. However, some obligations are easier to resolve or more important than others. I will talk to you about your obligations so you can spend your time and money on what matters the most to the courts, DA, and probation department. There are many ways to handle these situations, and usually ways to satisfy the DA without you having to spend months or years in jail. Call me and we will talk about how it all works.
If you have a suspended driver's license you might be eligible to receive an Occupational/Essential Needs Driver's License (ODL). If you are caught driving while your license has been suspended as a result of a DWI you will likely be arrested for Driving While License Invalid, class B misdemeanor. That offense carries a punishment range of 0 to 180 days in jail, and/or $0 to $2000 in fines. It is not worth the risk of being arrested again, having your car towed, going back to court, and spending more money on attorneys, fines and court costs! All of that can be avoided by letting me get you an ODL!
Your ODL will authorize you to drive as required for your employment, and to perform essential household duties. Driving to the grocery store, taking the kids to school and picking them up, and going to appointments with your doctor or meetings with your lawyer, are only a few essential household duties that you need to be able to do without fear of getting pulled over while your license is suspended. Even if your license is expired but can't be renewed because of the suspension, there are options, and I know what they are. Call me and I will explain the purpose of an SR-22, along with the other requirements for getting you an Occupational/Essential Needs Driver's License.
Once you are on probation, it does not take long to realize that you would rather not be! It does not matter if you have been on probation for a day, or almost a decade, make it a goal to get off of it as soon as possible. The sooner you start working toward that goal, the sooner you get to request an early termination. And, the sooner you can request an early termination, the sooner you can get back to a life free from anxiety, restraint, and oversight. Come in so I can explain what you should start doing right away to give yourself the best chance of an early termination of your probation.
Going to jail or sitting in one while wondering how you will ever afford to bond out has got to be a hopeless feeling. If you have a warrant for your arrest, or know someone in jail with a bond set at an amount they can not afford, we can ask the district attorney's office to agree to a lower bond. If they do not agree, we can file a motion to reduce the bond and then ask the judge to lower it. There is hope after all!
If you are on bond with the condition that you have no contact with your family, we can discuss your options. Many times a person is forced to live away from their home due to a condition of their bond. This causes a number of problems, and disrupts the household. Plus, being told to immediately cut off all communication and contact with children can leave them confused and scared. These situations need to be handled quickly and also taken seriously. Intentionally violating a bond condition is always risky. The offense of Violation of a Bond Condition is usually a class A misdemeanor, but can change to a felony in a heartbeat. And, those cases are much easier for the DA to prove than the alleged assault that forced the no-contact bond condition in the first place! Do not take that chance. There are ways of modifying those conditions! Call me before taking that risk!
Have you successfully completed either felony or misdemeanor deferred adjudication probation? If so, you will not have a conviction on your record for the offense for which you were on probation. However, you still plead guilty to that offense. Documents and information relating to your deferred adjudication plea and sentence is on file with the county clerk's office and are public records for the world to see. An Order of Nondisclosure is an order by a judge that forbids a court from disclosing to the public any information in the record that is subject to the order of nondisclosure. There are some exceptions however and we will need to discuss those to see if any pertain to you.
Were you arrested for an offense, but the DA's office declined to file a case against you related to that arrest? Or, did the DA's office accept the charges, file a case against you, but then dismiss those charges without a plea from you? Or, were you found NOT GUILTY after a bench or jury trial? If either of those apply to you we need to see about filing an expunction. If you plead guilty to any offense you will not be eligible for an expunction. This is true even if you were placed on deferred adjudication probation and successfully completed it. There may be other options available to you, and we can discuss those when you are ready.
There are many benefits to expunging an arrest. Once you are arrested you are "in the system." That arrest will now show up on your criminal history, no matter what happens to the case. Even if the arresting agency takes the case to the DA's office, and then the DA throws it straight into the trash while telling the officers how big of a mistake they made for arresting you, the arrest will still be on your criminal history. If it is on your criminal history, it is there for anyone to find, and for you to always have to admit to and explain. Getting that arrest expunged means that it will be deleted from your criminal history. That will save you from the anxiety of having to explain the arrest during interviews or on applications. Another really cool thing is that you will then be able to deny the arrest ever happened, even to law enforcement!
Justice of the Peace (JP) Courts and Municipal Courts have a different process and procedure than our County Courts and District Courts. Even though many people consider class C tickets as "just a ticket," there is still a potential for problems to arise if not handled properly. It is important to have an attorney who knows the process and procedure, and who can help you avoid the common pitfalls of going to court and acting Pro Se, on your own behalf without an attorney. It is likely even more important if you hold a Commercial Driver's License (CDL). Many options that are available to those with regular driver's licenses are not available to those with a CDL, regardless of whether you were driving a commercial vehicle or your personal vehicle. There are options however, and I can explain them to you. I'm able to because I served as the Municipal Court Prosecutor for the City of Victoria Municipal Court from September of 2016 through the last day of 2020. While there I handled every type of class C ticket imaginable. That experience can benefit you in so many ways. Call me and let's talk about your ticket.