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Frequently Asked Questions

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What legal advice is available at the Office of the Attorney for Students?

You can receive legal advice concerning:

  • Landlord/Tenant Law: apartment leases, rental property, and tenant rights
  • Criminal Law: any legal matter that could result in criminal charges
  • Family Law: marriage, divorce, and child custody and support
  • Contract Law: contractual obligations
  • Employment Law: employee rights and responsibilities
  • Consumer Protection Law: service or repair performance
  • Notary Public Service: notarized acknowledgment of signatures

Can the attorneys at the Office of the Attorney for Students represent me in court?

The attorneys at the Office of the Attorney for Students will assist you in informal resolutions or disputes through fact-finding, negotiation, or mediation. Their heavy caseloads prevents them from representing you in court or from drafting lengthy legal documents. When your case cannot be handled by this office, you will be referred to local attorneys for further, more direct legal representation.

What happens if I get a DWI?

If you would like to know how the DWI process works, our office has produced a professional quality video that follows a DWI case from the arrest to the trial. Local attorneys, judges, and DPS personnel are included in the video. The video can be checked out or purchased.

How much is a ticket for MIP?

If it is a first offense in San Marcos, the fine is $400 plus you will have to take an alcohol awareness court which will be an additional $65.

What happens if I have a dispute with another Texas State student?

Because all Texas State students are considered potential clients, the Office of the Attorney for Students cannot advise students about disputes with another student due to a conflict of interest. You may wish to consider mediation, a service in which the parties in dispute meet with a neutral third party, a mediator. The mediation helps each side to recognize alternatives to the problem and to work together to find a solution amenable to both parties.  To request a mediator, visit the Human Resources office at Texas State.

Can I get an MIP/MIC or other underage alcohol ticket off my record?

Yes, if you only have one offense, you have the statutory permission to get it expunged. This won’t happen on its own though – you must take the needed steps to make it happen.

I got a ticket for running a stop sign – can I take defensive driving?

Yes. As long as you haven’t taken it in the past year you are eligible.  Not eligible? You can also request a deferred disposition to keep it off your record.

I just got a speeding ticket but was going pretty fast – can I still take defensive driving?

You can request defensive driving  (driving safety course under Art. 45.0511 of the TX Code of Criminal Procedure) if your speed was under 95 mph or more than 25 mph over the posted speed limit. The court should give you 90 days to complete the course (do it early so it doesn’t fall off the radar!)

My ex-boyfriend set up a Facebook page in my name and has been putting some ugly things on it – attributing them to me! How can I make him stop?

Under the TX Penal Code, this is considered “Online Impersonation” and can be punished as a 3rd degree felony. Contact your police department and file a report so the courts can order it taken down.

I recently got charged with DWI and was given some information about an “ALR hearing” – what is that?

Administrative License Revocation hearings are held by the TX Department of Public Safety and are civil proceedings that determine whether or not your driver’s license will be suspended.  You only have 15 days to request a hearing, so if there was a chance the officer made a mistake in stopping you or you have questions about the stop, request the hearing and see an attorney – you can always tell DPS at a later date that you no longer want it should you choose to do that.

I had a police officer search my car the other day and he found a pipe and gave me a ticket for Possession of Drug Paraphernalia. What does this mean for me?

In Texas, a charge of PODP is a Class C misdemeanor (equivalent of a parking ticket) – but be careful – if you just plead guilty, that is considered a conviction and can mean a loss of your financial aid.  At least request a deferred disposition if you can.

I was arrested last year for getting in a fight with my roommate. The DA’s office later dismissed the charges but it is still showing up on background checks – what can I do about that?

You might want to look into getting the arrest and subsequent charges expunged. If the process is successful, it should not show up on background checks and by law you can deny that you had ever been arrested. Check with an attorney if you are eligible!

I got into a fight with my boyfriend (for the third time) and after the police left, the apartment manager came by and told me I could never come back to their complex again. My boyfriend and I are back on good terms this week. Can they do that?

Yes. If the owner of a property tells you that entry is forbidden and you enter the property anyhow, then you can be charged with Criminal Trespass and is a misdemeanor.