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    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #1

    Jan 6, 2010, 04:31 PM
    How do you file a Motion to Dismiss a Misd. When the person is in custody in Texas
    If someone is in Custody in the County Jail and has an outstanding warrant for Suspension of a License in a subsequent county (both in Texas), is it possible to file a motion to dismiss for time served on the case?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 7, 2010, 10:17 AM

    Hello bg:

    If the person has been convicted in the first county, and it appears they have, a motion to dismiss isn't the appropriate motion.

    The county he's in now is going to want their sentence fully served, unless there's a compelling reason for a judge to do sotherwise.. Needing to get the next sentence started isn't a good enough reason.

    excon
    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #3

    Jan 7, 2010, 02:00 PM

    Thank excon;

    However, the person in custody has not been convicted, and is presently only on a probation violation. However, isn't there a way to file a motion for time served for the charge in the other County, so that they will not have to be transferred at release? Also in Texas.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jan 7, 2010, 02:01 PM

    Hello again, b:

    Nope. The county probation people are holding him and they can't be speeded up.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Jan 7, 2010, 03:23 PM

    Basically one crime has nothing to do with the other crime's punishment or time being served or has been served. The courts like to impose separate sentences for separate crimes.
    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #6

    Jan 7, 2010, 03:48 PM

    Thank you and God Bless You!
    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #7

    Jan 7, 2010, 03:52 PM
    OK! So how do I submit a Motion to Dismiss a misdemeanor charge, being that there's
    How do I file a Motion to Dismiss a misdemeanor charge, and attach the supported documented evidence to it in the State of Texas, County of Brazoria.
    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #8

    Jan 7, 2010, 03:58 PM
    OK! Here it is! I presently have several misdemeanor charges in the County of Brazori
    I presently have several misdemeanor charges in the County of Brazoria, TX that are more than 3 to 4 years old, and is unable to address it financially. However, I am willing to work (administrative), assisting an Attorney or a Firm in exchange for legal services.

    I have in excess of 25 years of administrative and systems experience, and a great of deal of knowledge in every area of Microsoft. I am a Mother of an 11 year daughter, and former Marine (who died in the line of duty 7 years ago). I am also a Christian, and quite active in my Church.

    If anyone can assist me regarding my case, I would greatly appreciate it. Please advise.

    Thank you and God Bless You
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #9

    Jan 7, 2010, 04:28 PM

    Attorneys don't as a rule have people work off their legal fees "helping" them in their offices. In all the law offices I've ever worked at this scenerio has never happened. The attorney already has trained personnel working for them that he pays.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Jan 7, 2010, 06:45 PM

    Yes, never heard of this happening, all you can do is contact various attorneys in person and ask.

    Have you check out legal aid in your area ?

    And even with an atttorney how do you plan on dealing with the fines and penalties from the crimes
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #11

    Jan 8, 2010, 07:58 AM

    Hello b:

    If you are not represented by counsel, write a letter to the judge and attach the supporting evidence. Ask the judge to consider your letter to be a motion. Send your letter certified, return receipt requested, and send a copy to the prosecutor.

    excon
    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #12

    Jan 8, 2010, 10:37 AM

    excon, you're extraordinary.. . Thank you! God Bless You
    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #13

    Jan 8, 2010, 10:40 AM
    Thank you excon, but I have one additional question. Would the Judge consider it if t
    excon thank you, and I have one additional question. Is is appropriate being that the misdemeanors have become outstanding (warrants). I made repeated to attempts to address them before hand, and I also have that evidence as well.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #14

    Jan 8, 2010, 10:48 AM
    Quote Originally Posted by bgntjohnson View Post
    I made repeated to attempts to address them before hand, and I also have that evidence as well.
    Hello again, b:

    I don't know HOW you could "address" a warrant, other than going in or hiding out. I don't think there's a middle ground. But, if you have evidence that there IS, put it in your motion. If the judge isn't going to grant it, then he isn't. But he, for sure, isn't going to grant it if you don't move for it.

    excon
    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #15

    Jan 8, 2010, 12:28 PM

    Thank you again excon for the response and the encouragement! God Bless You!
    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #16

    Jan 8, 2010, 12:35 PM

    Interestingly enough, I never committed the crimes. They were staged during a custody battle between my ex and myself. He also just happens to be a Law Enforcement Official in a high ranking status. The cases were staged to discredit me. I was financially devastated because of much of what occurred. But God has since given me a new vision and a new plan with the renewal of my spirit and mind. I'm also a Born Again Christian.. . So you know the battle has already been Won!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #17

    Jan 8, 2010, 01:08 PM
    Quote Originally Posted by bgntjohnson View Post
    God has since given me a new vision and a new plan
    Hello again, b:

    He also gave you an exconvict friend who knows the law and loves to kick cop butt - especially a dirty one. I'll be here for you.

    excon
    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #18

    Jan 8, 2010, 02:05 PM

    Excon, you're an Awesome Guy! God Bless You!

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