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| 05:11 AM | ||
| Users Online Now: 1,085 (Who's On?) | Visitors Today: 242,410 | |
| Pageviews Today: 391,611 | Threads Today: 121 | Posts Today: 2,332 |
| 05:11 AM | ||
TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted. | |
| Intellus Offer Upgrade  User ID: 2208637  United States12/13/2011 07:58 AM Report Abusive Post Report Copyright Violation | So, My buddy and I live in Texas. He had an accident where he alone was injured and he totaled his car. He had two surgeries and then after (2) months in the hospital, and (6) months recovering at his fathers house he receives a call from a bail bondsmen stating that he has a warrant out for his arrest for a DWI. He pays bond, goes to court, pleas not guilty and is given a month to find an attorney. The judge, BEFORE he was convicted of a DWI issued that he install an interlock device on his vehicle, and attend pre-trial probation as a condition of the bond. This is easily over $300 in fees. What happened to innocent until proven guilty? Will he get reimbursed for this? What happened to his rights under the constitution... This is what's happening now in Texas, to anyone who gets a DWI charge "pending" against them. Discuss.  Last Edited by Skiidz on 12/13/2011 07:59 AM |
| Anonymous Coward User ID: 6018543 United States12/13/2011 08:00 AM Report Abusive Post Report Copyright Violation | |
| Intellus (OP) User ID: 2208637 United States12/13/2011 08:01 AM Report Abusive Post Report Copyright Violation | |
| Staticsoul User ID: 6985775 United States12/13/2011 08:01 AM Report Abusive Post Report Copyright Violation | What happened to innocent until proven guilty? Will he get reimbursed for this? What happened to his rights under the constitution... Quoting: Intellus it never existed look at the history of this country. its one big shame. native americans slavery womens rights that document is to give you the impression that you have human rights. when in fact people own you, your body in life and in death. Last Edited by Staticsoul on 12/13/2011 08:03 AM |
| Intellus (OP) User ID: 2208637 United States12/13/2011 08:04 AM Report Abusive Post Report Copyright Violation | well the thing is it was a condition of the bond Quoting: ^TrInItY^ a judge can set whatever conditions he deems necessary to ensure public safety while releasing someone on bond, he could also DENY bond if he sees fit sucks but that's the way it works I can see the need for it but also see your point OP about being innocent until you've had a trial You make a good point. Just seems sort of insane, so if he would have immediately had a lawyer instead of asking for time to come up with $5000 out of nowhere (I'm pretty sure nobody has that kind of money laying around) that wouldn't of happened? |
| Elsabiades.. User ID: 6778182 United States12/13/2011 08:11 AM Report Abusive Post Report Copyright Violation | Pre-conviction punishment violates the presumption of innocence and fundamental precept's of a constitutional republic....however, in Texas..I am not suprised in the least...the next NSDAP will begin there.... |
| Anonymous Coward User ID: 6987495  Hong Kong12/13/2011 08:12 AM Report Abusive Post Report Copyright Violation | |
| ***DRAGOON*** User ID: 1072087 United States12/13/2011 08:23 AM Report Abusive Post Report Copyright Violation | So, Quoting: Intellus My buddy and I live in Texas. He had an accident where he alone was injured and he totaled his car. He had two surgeries and then after (2) months in the hospital, and (6) months recovering at his fathers house he receives a call from a bail bondsmen stating that he has a warrant out for his arrest for a DWI. He pays bond, goes to court, pleas not guilty and is given a month to find an attorney. The judge, BEFORE he was convicted of a DWI issued that he install an interlock device on his vehicle, and attend pre-trial probation as a condition of the bond. This is easily over $300 in fees. What happened to innocent until proven guilty? Will he get reimbursed for this? What happened to his rights under the constitution... This is what's happening now in Texas, to anyone who gets a DWI charge "pending" against them. Discuss. That was not your buddies first DWI or run in with the law, he has priors. Last Edited by ***DRAGOON*** on 12/13/2011 08:23 AM |
| Intellus (OP) User ID: 2208637 United States12/13/2011 08:33 AM Report Abusive Post Report Copyright Violation | He had a prior conviction for credit card fraud. Not a DWI, and he finished the punishment without error and had it expunged from his record. How could that possibly comply? Last Edited by Skiidz on 12/13/2011 08:33 AM |
| 1945suicide User ID: 1526499 United States12/13/2011 08:48 AM Report Abusive Post Report Copyright Violation | It doesn't matter if there is a prior or not. Have your buddy prepared for ignition interlock, monitoring fees, license suspension, occupational license fees, and if he decides not to drive, there is a solution to that too...its called a take home interlock kit. As my lawyer and therapist always said, its a booming business! |
| Intellus (OP) User ID: 2208637 United States12/13/2011 08:55 AM Report Abusive Post Report Copyright Violation | |
| 1945suicide User ID: 1526499 United States12/13/2011 09:11 AM Report Abusive Post Report Copyright Violation | Sarcasm stems from the stigma of drinking and driving. You got behind the wheel and could have killed someone. No matter how you try to convince the public, you will be labeled a bad person. But I agree, the pretrial phase is scary. Best thing to do for your friend is to hire a good lawyer, and get out of pretrial. Go to probation, and get on with your life. Your friend shouldn't go to jail, and besides you are worth more out of jail than being in jail. |
| Intellus (OP) User ID: 2208637 United States12/13/2011 09:17 AM Report Abusive Post Report Copyright Violation | |
| Anonymous Coward User ID: 6898847 United States12/13/2011 09:22 AM Report Abusive Post Report Copyright Violation | |
| Anonymous Coward User ID: 6976075 United States12/13/2011 09:46 AM Report Abusive Post Report Copyright Violation | So, Quoting: Intellus My buddy and I live in Texas. He had an accident where he alone was injured and he totaled his car. He had two surgeries and then after (2) months in the hospital, and (6) months recovering at his fathers house he receives a call from a bail bondsmen stating that he has a warrant out for his arrest for a DWI. He pays bond, goes to court, pleas not guilty and is given a month to find an attorney. The judge, BEFORE he was convicted of a DWI issued that he install an interlock device on his vehicle, and attend pre-trial probation as a condition of the bond. This is easily over $300 in fees. What happened to innocent until proven guilty? Will he get reimbursed for this? What happened to his rights under the constitution... This is what's happening now in Texas, to anyone who gets a DWI charge "pending" against them. Discuss. That was not your buddies first DWI or run in with the law, he has priors. It wasn't his first dwi arrest and that's for sure. He's on his 3rd or more and he could have always refused the condition sheet and stayed in jail until his trial. Bond conditions are only necessary if you choose to bond out of jail. |
| Anonymous Coward User ID: 6976075 United States12/13/2011 09:50 AM Report Abusive Post Report Copyright Violation | He had a prior conviction for credit card fraud. Not a DWI, and he finished the punishment without error and had it expunged from his record. Quoting: Intellus How could that possibly comply? I call bullshit. He may have a prior credit card conviction but this is either not his first dwi arrest or he has another felony drug charge conviction. Interlock as a condition of bond does not happen if it's your first DUI arrest. I work in the legal profession and attend jail docket and magistrate twice a week at a county in Texas. |
| 714 User ID: 3648106 United States12/13/2011 11:50 AM Report Abusive Post Report Copyright Violation | refuse a breathalyzer, mandatory blood draw. refuse the blood draw automatic suspension of license. after conviction just to top it off you get a nice surcharge to keep your license in the amount of a thousand dollars a year for three years. and seeing as how an accident resulted in a car being totaled and the buddy requiring surgery i've no doubt the judge imposed such conditions as part of the bail. Last Edited by 714 on 12/13/2011 12:02 PM Exalted is He from what they utter. Exalted is He from what they imagine. Exalted is He that exists without a place. Exalted is He that was there forever without a time or a beginning. Exalted is He that will be there forever without a time or an end. Exalted is He that will forever be praised. That is your God. |
| Lost in Houston User ID: 48579512 United States10/19/2013 02:06 AM Report Abusive Post Report Copyright Violation | Gas Station parked. Tow Truck Driver (same who towed my car) called HP and told them he seen me swerve. 6 drinks 6 hours dinner 220 lbs. Bought Gatorade filled my car up with gas and was swarmed by HP. Sobriety, denied me a breathalyzer and forced me to give blood although I asked fpor an attorney and a phone call. Also denied me to get blood drawn from private. Cop said he saw me swerve and he did not smell alcohol because his nose was stuffed up. No phone call. 36 hours in County. Lucky to get out. Bond $500 Smart Start $75 a month $10k lawyer What happens when I am found innocent?  |
| Beleaguered User ID: 47481848 United States10/19/2013 02:28 AM Report Abusive Post Report Copyright Violation | So, Quoting: Intellus My buddy and I live in Texas. He had an accident where he alone was injured and he totaled his car. He had two surgeries and then after (2) months in the hospital, and (6) months recovering at his fathers house he receives a call from a bail bondsmen stating that he has a warrant out for his arrest for a DWI. He pays bond, goes to court, pleas not guilty and is given a month to find an attorney. The judge, BEFORE he was convicted of a DWI issued that he install an interlock device on his vehicle, and attend pre-trial probation as a condition of the bond. This is easily over $300 in fees. What happened to innocent until proven guilty? Will he get reimbursed for this? What happened to his rights under the constitution... This is what's happening now in Texas, to anyone who gets a DWI charge "pending" against them. Discuss. I know first hand how a pre trial intervention works. I hate to say this but you're story is full of flaws. First you're granted pre trial intervention before being guilty and after you complete a years worth of bs it's dismissed. Secondly I don't know the county in question but in Harris you're not eligible for a PTI if you have any priors..... Even prior misdemeanor DISMISSALS. As far as innocent till proven guilty..well you can't plead guilty only to have it dismissed after completing a PTI? Get it? |
| Anonymous Coward User ID: 47447971 United States10/19/2013 02:57 AM Report Abusive Post Report Copyright Violation | Gas Station parked. Tow Truck Driver (same who towed my car) called HP and told them he seen me swerve. 6 drinks 6 hours dinner 220 lbs. Bought Gatorade filled my car up with gas and was swarmed by HP. Sobriety, denied me a breathalyzer and forced me to give blood although I asked fpor an attorney and a phone call. Also denied me to get blood drawn from private. Cop said he saw me swerve and he did not smell alcohol because his nose was stuffed up. Quoting: Lost in Houston 48579512 No phone call. 36 hours in County. Lucky to get out. Bond $500 Smart Start $75 a month $10k lawyer What happens when I am found innocent? most likely NOTHIN beyond getting rid of smart start. |
