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Texas Expunction: Question & Answer

 

Expunction Attorneys

Expunction Lawyers (210) 722-9089

San Antonio Texas Expunction Lawyers

San Antonio Texas Notice of Non-Disclosure Lawyers

At Joyner + Joyner, P.C. we receive many questions related to the practice of criminal defense.  Below is a frequently asked question regarding clearing a criminal record of past charges and the answer provided by our expunction lawyers.

Question:  When I was 18, I was charged with a theft.  The case was dismissed and I never got convicted or received deferred adjudication.  I was wondering if this shows up on a background check or is my record clean?  I’m really trying to get a job as a security guard and you can’t have anything on your record.

Answer:  This is a question that the expunction lawyers at Joyner + Joyner, P.C. frequently receive.  In short, even if a case has been dismissed or a not guilty verdict has been found, a person will still have that charge on his or her record.  The first step is to discuss your particular case with an experienced expunction lawyer and determine whether an expunction is your best course of action.

In Texas, a dismissal or a not guilty verdict does not automatically result in a charge being completely cleared off of your record!  After a case has been dismissed or a not guilty verdict has been found, an expunction is required to completely clear the arrest and charges off your permanent record.  The time restraints for an expunction on a dismissal vary based on the nature of the charge and the outcome of the case.  For example, you are entitled to an immediate expunction if you were found not guilty during a trial.  However, the State of Texas has a statute of limitations in which it is able to re-file the charges on a case which it has previously dismissed.  As a result, those cases which have been dismissed are not necessarily entitled to an immediate expunction unless the State agrees to waive further prosecution on the charge.

In order to determine whether an expunction is appropriate in your particular case, it is important to consult with an experienced expunction attorney.  Our expunction lawyers conduct a comprehensive free case evaluation on each client to determine if and when an expunction may be filed.  If an individual is not entitled to an expunction, we explain the reason why and explore whether a notice of non-disclosure is a more appropriate course of action.

A notice of non-disclosure is appropriate when an individual has successfully completed deferred adjudication on a criminal charge.  Much like an expunction, a notice of non-disclosure, is a form of cleaning your criminal record.  However, unlike an expunction, a notice of non-disclosure does not completely clear your record.  A notice of non-disclosure cleans your record so that anyone who is not affiliated with a government agency cannot see that you were arrested on that particular charge.  In other words, any law enforcement or government agency would still be able to see that you were arrested and charged with that particular criminal offense.  However, the notice of non-disclosure will keep your arrest and history of charges off a background search conducted by the public.  Even though a notice of non-disclosure is not a complete solution to clearing your criminal record it is still a better option than having your arrest record available to the public.  Any job or application that is not affiliated with a government agency would not reveal your criminal record.

To learn more about whether an expunction or notice of non-disclosure is appropriate in your case contact the expunction lawyers at Joyner + Joyner, P.C. at (210) 722-9089.  Our expunction attorneys represent clients in Bexar County and throughout the State of Texas.

Contact our expunction attorneys today and protect your rights!

For more information visit http://sanantonioticketlaw.com/expunctions/

 

 

2012 Fiesta San Antonio – DWI Enforcement and Helpful Tips by DWI Lawyers

 2012 Fiesta San Antonio – DWI Enforcement and Helpful Tips by DWI Lawyers.

2012 Fiesta San Antonio kicked off this past Thursday and parade organizers have estimated that a crowd of approximately 500,000 people will enjoy the festivities.  With so many people attending the 11 day festival, San Antonio Police are on high alert and are committed to making Fiesta safe for the San Antonio community.

On the first night of Fiesta, law enforcement agencies from around the San Antonio area attended a meeting held by San Antonio Police Chief William McManus.  The Chief’s message was clear; SAPD officers are going to actively look for people who are driving while intoxicated.

In 2011, there were 275 DWI arrests during Fiesta with no DWI fatalities and San Antonio law enforcement hopes to repeat this success.  As we discussed in our mandatory blood draw blog, Bexar County District Attorney Susan Reed has made the blood draw mandatory for individuals who are charged with drunk driving and refuse the breath test.  This means that there is going to be no tolerance for individuals suspected of drunk driving.  If someone is pulled over and refuses the breath test, they will be brought to the magistrate’s office and subjected to the blood test.

As we know, the consumption of alcoholic beverages has become very prevalent during Fiesta.  If you or someone you know is going to partake in the celebrations and consume alcoholic beverages keep in mind that:

1.  If you are going to drink, make sure that you arrange for a safe ride home.

The Texas Department of Transportation, Yellow Cab and San Antonio Taxis have sponsored free taxi rides through the Safe Rides program.  The Safe Ride taxis will be available at most Fiesta events and the first $25 of your fare is free to take you home.

2.  In the event that you are pulled over for suspicion of driving while intoxicated:

a) You have the right to remain silent.
    • There is almost nothing that you can say or do that will convince the officer to let you go.
    • In most cases, it is in your best interest to politely tell the officer that you do not want to answer any questions without first speaking with the attorneys at Joyner + Joyner, P.C.
b) Whatever you say or do can be used as evidence against you.
    • When you are pulled over for suspicion of driving while intoxicated you are probably going to be videotaped.
    • The officer will typically ask you questions and can use your answers to prove that you are “impaired”.
    • Even though you may be trying to cooperate, your answers may be used to support the accusations of “slurred speech”, “disorientation”, “slow response time” and overall “confusion”.
c) You do not have to submit yourself to the breath test.
    • Blowing below .08 does not guarantee that the officer will let you go.
    • The officer is looking for overall signs of “impairment”.  The fact that you may blow below .08 does not mean that the officer cannot claim that you are under the influence and that you are “impaired”.
d) In Bexar County, if you do not agree to the breath test, law enforcement will conduct the mandatory blood draw.
    • Although the thought of being subjected to the mandatory blood draw is terrifying for most people, remember that it is in your best interest to remain calm, silent and allow for your attorneys to advocate on your behalf at a later date.

Joyner + Joyner, P.C. – San Antonio, Texas DWI Defense Lawyers

At Joyner + Joyner, P.C. we encourage everyone to enjoy Fiesta responsibly.  If you or a loved one is arrested for suspicion of driving while intoxicated contact our offices immediately.  In Texas, DWI offenses are a serious matter and hiring an experienced DWI attorney to represent you is essential.  Contact us today at (210) 722-9089 for a free consultation.  Our DWI lawyers will answer all your questions so you and your family can make an informed decision as to how you wish to fight the DWI charge.

 For more information on DWI laws visit http://sanantonioticketlaw.com/duidwi/.

Do I have an active warrant in Texas?

Texas Traffic Ticket Lawyers (210) 722-9089

 

At  Joyner + Joyner, P.C., we receive numerous calls from individuals who are trying to determine whether they have an outstanding warrant in the State of Texas and what we can do to help them.

Let us start with the basics and explain why a warrant is issued.  An individual can get a warrant for a number of reasons that vary from something as simple as an unresolved traffic citation to something as serious as a felony offense.  For example, with traffic violations an outstanding warrant may be issued when an unresolved citation is reported to the Failure to Appear / Failure to Pay program.  In essence, the court is authorizing law enforcement to place you under arrest and bring you to court to face your charges.

The next step is to determine whether there is an outstanding warrant out for your arrest.  When you call our office one of our attorneys will gather the necessary information and conduct a free case evaluation.  We can determine if you have an outstanding warrant, where your warrant originated and provide you with the options available to you.  Our goal is to resolve your case without having you set foot in jail.

If you do have an oustanding warrant, our attorneys can approach the judge and attempt to set a bond on your behalf.  Even if a bond is already set, we can approach the judge and request a reduction in the amount of your bond. Once a bond has been posted, your case will no longer be in warrant status.  Joyner + Joyner, P.C. will zealously advocate on your behalf in an attempt to resolve your case in the most effective manner.

Don’t wait to be contacted by law enforcement or the next warrant round up. Contact us today and we may be able to help you remove your outstanding warrant without you taking a step in jail.

Remember that you have rights.  Protect them!

Contact us today for a free consultation at (210) 722-9089.

For more information visit us at http://www.sanantonioticketlaw.com/

2012 Great Texas Warrant Round up, Phase Two Underway – San Antonio, TX

Texas Traffic Ticket Lawyers (210) 722-9089

 

The “Grace Period” (Phase I) is over and the “Enforcement Period” (Phase II) is underway.

As of February 25, 2012, the City of San Antonio and 200 other jurisdictions across Texas have combined forces to “round up” individuals with outstanding warrants.  Across the State, law enforcement is attempting to “round up” individuals with outstanding warrants at their homes, work and around town.  Once arrested, these individuals will be brought to court to address their outstanding warrants before a judge.

Throughout the “Grace Period” (Phase I), countless individuals contacted the offices of Joyner + Joyner regarding traffic tickets and criminal cases that were in active warrant status.

Some of the frequently asked questions included:

Do I have any outstanding warrants?

When you call Joyner + Joyner, we can research your record and determine whether you have any outstanding citations or active warrants anywhere the State of Texas.  If we determine that you have outstanding citations or active warrants, we will share with you the best options available and the cost associated with your case.  This service is part of our free initial consultation.

What are the benefits of hiring Joyner + Joyner to represent me?

First, you will receive the highest quality of customer service along with thorough and aggressive representation.  Our clients know that by hiring Joyner + Joyner, their case will be handled in professional and expeditious manner.

Second, you will speak with one of our attorneys about your case before you hire us.  We will inform you of any outstanding citations and active warrants on your record and provide with you the best available options in order to resolve your case.  You will have all the necessary information so you can make an informed decision.

Lastly, we understand that times are financially tough for some of our clients.  Many individuals do not have enough money to pay for their outstanding traffic citations and active warrants, much less pay expensive attorney fees.  Our goal is to achieve the best possible legal outcome and help our clients save money.  We have saved many of our clients both time and money by reducing the amount of fines imposed and most importantly by keeping offenses of their permanent record.

I have a Commercial Driver’s License (CDL) and was issued a traffic citation, can you assist?

Yes.  We have helped many clients resolve their CDL traffic citations.  Our goal is to get the CDL traffic citation dismissed so points do not appear on your driving record.  Remember, if you simply “pay the fine”, the conviction will appear on your driving record and you will accumulate points.  Contact Joyner + Joyner today so we can share with you the best options available for your particular case. 

If you or someone you know has an active warrant or an outstanding traffic ticket anywhere in the State of Texas, contact us today for a free initial consultation.

Remember you have rights!  Protect them!

Contact us at (210) 722-9089.

For more information visit http://www.sanantonioticketlaw.com/

2012 Great Texas Warrant Round up – San Antonio, TX.

Texas Traffic Ticket Lawyers (210) 722-9089

February 13, 2012 marks the start of the 6th Annual Great Texas Warrant Roundup.  The City of San Antonio, along with over 200 other jurisdictions across Texas will combine forces in what is believed to be the largest joint warrant round up of this type in Texas.   The multi-jurisdictional warrant roundup will begin on Saturday, February 25 and will continue for several weeks.

The Warrant Roundup has two phases:

  • The first phase, which begins on February 13th and ends February 24th, will consist of a grace period (Warrant Calls).  During this time, anyone who has outstanding warrants is encouraged to resolve their case without penalty of arrest.
  • The last phase, which begins February 25th, is the Enforcement Period.  During this time, individuals will be “rounded up” at their homes, work and around town and brought to the court to address their outstanding warrants before a judge.

Last year the City of San Antonio closed 26,000 out of roughly 150,000 outstanding warrants. It is not too late to take care of outstanding warrants and avoid a visit from the authorities.

We receive many calls from people asking about the benefits of hiring an attorney to resolve their outstanding warrants and traffic tickets.

 The answer is simple:

  1.  Save Time –  Our attorneys will appear in court on your behalf and resolve your case.  There is no need for you to take time off work and spend hours and the court house.
  2. Save Money – Our attorneys can typically negotiate to have the warrant fee dismissed and the ticket fines reduced.  We have also successfully negotiated a reduced time of deferred disposition for many of our clients.
  3. Avoid Arrest -By retaining our attorneys, you can rest assured that your case is handled properly and you will not have to worry about being arrested due to outstanding warrants.

If you or someone you know has an outstanding warrant or a traffic ticket anywhere in the State of Texas, contact us today for a free initial consultation.  Our attorneys will discuss your case with you and present you with the best course of action.

Remember you have rights!  Protect them!

Contact us at (210) 722-9089.

For more information visit www.sanantonioticketlaw.com

“No Refusal” DWI policy enforced everyday in Bexar County.

Texas Criminal Defense Lawyers (210) 722-9089

At a press conference Monday, District Attorney Susan Reed discussed the future of DWI blood draws in Bexar County.  Effective immediately, drivers who are suspected of driving while intoxicated and refuse to take the breath test are now subject to a mandatory blood draw.  In the past, Bexar County had implemented the mandatory blood draw policy during holidays and weekends.  However, expanding the policy to every day of the year is unprecedented.  According to Reed, “[w]e are now the largest metro area in Texas to have an absolute no-refusal policy.”  This policy expansion is made possible by a $1.4 million grant from the Texas Department of Transportation.

The county’s strong support for this aggressive policy is a reaction to San Antonio’s DWI statistics over the last few years.  As reported in the SA Express News, “[i]n both 2009 and 2010, the period from January through September saw 13 [intoxication manslaughter] cases filed.  This year, the number dropped to six.”  The enforcement efforts by the county are published on the Bexar County District Attorney’s website and updated on a weekly basis.  For the weekend of 10/14 through 10/17, there were 78 people arrested for driving intoxication offenses and 35 blood draws.  The sharp decline in DWI related fatalities is not the only factor driving this policy.  According to District Attorney Reed, when DWI cases go to trial, there has been a fifty percent acquittal rate for defendants who refused breath tests and who were not compelled to provide a blood sample.  By presenting the blood sample as evidence during a trial, the District Attorney’s office hopes to improve their DWI conviction rate.  Joyner + Joyner will continue to track the acquittal rates for DWI trials in order to determine the impact of introducing the blood sample as evidence.

People frequently ask us how law enforcement obtains the blood sample.  The constitutional issues surrounding this process are beyond the scope of this article, but typically the process is as follows.  First, by driving on Texas roadways an individual has given the government implied consent to submit a breath or blood sample upon request by an officer who has arrested him/her for DWI (Texas Transportation Code §724).  Once the police officer determines that a blood sample will be taken he/she sends a request for the issuance of a search warrant based upon the police officer’s sworn affidavit stating that probable cause exists.  This affidavit has to be reviewed by an impartial judge or magistrate.  If the judge determines that probable cause exists, the judge will sign the Search Warrant and Order of Assistance in the Taking of the Blood Sample.  The signed documents are sent back to the officer who will then initiate the procedure to obtain the blood sample from the individual.

Another frequently asked question by clients and acquaintances is the impact blood analysis evidence has on a DWI case.  First, we must mention that each case is different with facts specific to that particular case.  With that said, the new mandatory blood draw policy is designed to bolster the prosecution’s case by providing them with additional evidence supporting the DWI charge against an individual.  It is the prosecution’s hope that by presenting the judge (or jury) with blood analysis evidence during trial they can prove “beyond a reasonable doubt” that the defendant was intoxicated.  However, it is extremely important to remember that DWI cases are inherently fact intensive and the details of each case can determine whether a person is convicted or not.

With this aggressive policy now in place, it is more important than ever for individuals charged with a DWI to immediately retain competent legal counsel to prepare an aggressive legal defense strategy and advocate on their behalf.  An experienced attorney can identify relevant issues such as whether the: proper procedures were followed for obtaining the warrant to draw blood, proper medical procedures for drawing blood followed, proper chain of custody of the blood sample established and analysis of the sample was properly conducted.

If you or a loved one has been charged with a DWI, contact the attorneys at Joyner + Joyner, P.C.  We offer a complimentary case evaluation and can help you make an informed decision. 

Protect your rights. 

Contact us at (210) 722-9089.

For more information visit http://sanantonioticketlaw.com/duidwi/