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AV Preeminent Peer Rated Attorneys
San Diego Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Diego Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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  • 1600 E. Main, Ste. 227, Alice, TX 78332

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

I am on a one year probation for a Dwi in Harris county Texas. I am four months into my probation. After finishing my one year how do I get it expunge

Anthony S. Simpson
Answered by attorney Anthony S. Simpson (Unclaimed Profile)
DUI/DWI lawyer at The Law Offices of Anthony Simpson, Esq.
The short answer is that you cannot get it expunged.  Expunction is a limited remedy found in the Texas Code of Criminal Procedure 55.01.  You were placed on probation and you entered a guilty plea. Unfortunately, your conviction will not fall into one of the limited categories for which expunction is allowed.  
The short answer is that you cannot get it expunged.  Expunction is a limited remedy found in the Texas Code of Criminal Procedure 55.01.  You were placed on probation and you entered a guilty plea. Unfortunately, your conviction will not fall into one of the limited categories for which expunction is allowed.  
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What’s going to happen?

Answered by attorney Tristan Nicolas Legrande
DUI/DWI lawyer at LeGrande Law
It will be up to the Judge, ultimately. If you violate your probation by - for example, being convicted of commiting another crime (public intoxication in your case), the state can file a motion to revoke your probation. The felony probation would mean you could be revoked and sentenced anywhere within the punishment range for that offense. So if the offense were, for example, a 3rd degree felony, you could be revoked and sentenced from 2 to 10 years in prison (even if your probation is shorter). These are all what COULD happen. You also could have your probation reinstated or extended with additional conditions. Whats IS going to happen? Impossible to predict. If you want to increase your chances of staying on probation, hire an attorney to represent you on the probation revocation.  Good luck!
It will be up to the Judge, ultimately. If you violate your probation by - for example, being convicted of commiting another crime (public intoxication in your case), the state can file a motion to revoke your probation. The felony probation would mean you could be revoked and sentenced anywhere within the punishment range for that offense. So if the offense were, for example, a 3rd degree felony, you could be revoked and sentenced from 2 to 10 years in prison (even if your probation is shorter). These are all what COULD happen. You also could have your probation reinstated or extended with additional conditions. Whats IS going to happen? Impossible to predict. If you want to increase your chances of staying on probation, hire an attorney to represent you on the probation revocation.  Good luck!
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What are the first steps on how I should fight a DUI?

Answered by attorney Jason William Savela
DUI/DWI lawyer at The Savela Law Firm, P.C.
Hire an experienced DUI lawyer. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are ?material and exculpatory.? Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Hire an experienced DUI lawyer. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are ?material and exculpatory.? Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
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