Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

DWI jail time

Hello, I'm a veteran and...

Hello, I'm a veteran and got a DWI after getting out of the military. I got nabbed with a possession charge as well (marijuana). I spent my time in jail overnight and was the first to be considered for bail in the morning and made it. Also, I was labeled on the lowest threat level on some documents I have. I heard another inmate say about his DWI that he didn't serve any extra jail time, just paid a bunch of fines. I believe I heard this from some other people too, who have gotten a DWI. My question is, Will I have to serve jail time (the 3 day minimum that is mentioned here)?? I will be going to my arraignment soon, and will not have my lawyer with me for that initial hearing, I've also applied for the veteran's treatment court, and will be notified during my arraignment if that was approved.

Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
11/2/2013
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,064
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hello,

My name is XXXXX XXXXX I am an experienced criminal lawyer.

While the Texas statute does call for a possible jail penalty of 72 hours to 6 months in jail, in most instances a person with a first DWI should be able to get community supervision or probation in lieu of that. You should be able to avoid any further jail.

 

You should have a lawyer with you on your first court date if you can afford one, as this is a misdemeanor which could have lifetime consequences if not resolved well.

Ask Your Own Criminal Law Question
Customer reply replied 4 years ago


Ok. I read on some law advice sites saying things like, a lawyer is not required at the arraignment, and just to plead not guilty and tell them you have a lawyer prepared for trial.


 


thanks

Hi Augie,

Your constitutional right to counsel begins at your arraignment. While you don't strictly speaking, need one to plead not guilty, you might find one handy to negotiate something for you, since some DAs will not bargain with unrepresented defendants. Additionally, you can't count on either the DA or the judge to safeguard your rights. They won't deliberately hurt you, but they do have different agendas than your lawyer would..

On the other hand, if you want to save yourself the cost of a lawyer, you can certainly show up without one, plead not guilty, see what the state is proposing for a disposition and if you don't like it, you can always ask the judge for a continuance to come back with a lawyer. This is not at all unreasonable, and it is allowed.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,064
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,064
28,064 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I received an infraction (not misdemeanor) for literring on
I received an infraction (not misdemeanor) for literring on the beach, and a fire on the beach (in Malibu). My court date was set for thursday (this week). I just learned of a serious test and I canno… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Minor misdemeanor citation 4.1. knowingly possess marijuana.
minor misdemeanor citation 4.1. knowingly possess marijuana. what is mininum punishment? is it possible to just pay a fine without losing my license or undergoing counsling? please help, Norwalk OH… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,064 satisfied customers
Can I be cited for criminal Trespass from the tennis courts
Can I be cited for criminal Trespass from the tennis courts on a school grounds entirely at the discretion of the school officials… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,064 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,064 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,064 satisfied customers
Originally a Phoenix Municipal Criminal misdemeanor, I was
Originally a Phoenix Municipal Criminal misdemeanor, I was convicted at trial. Sent case to Superior Court of Arizona. Appeal was affirmed. Now I would like to raise an Ineffective Assistance of Couns… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,064 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x