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Texas Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Texas on
Q: What happens when you have a class c misdemeanor and you broke unsupervised probation by getting a felony

I was 16 when I got the misdemeanor. Just turned 17 when I got the felony for the same thing. i have court today for the misdemeanor and i think breaking probation. What do you think will happen

0 Answers | Asked in Criminal Law for Texas on
Q: I have a warrant for my arrest. I was already out on Bond for a misdemeanor theft charge that was eventually dismissed.

However, before the misdemeanor was dismissed, and I was found not guilty, I picked up a possession of a controlled substance charge (less than a gram). After going to court a few times, it was very obvious that they were sending me to a rehab place and I don’t need that so I didn’t go to court... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can I b convicted of possession of a controlled substance even if it wasn't found on me but in my belongings?
Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on May 17, 2024

If it is determined that you were in an area in which you had actual care, custody, control, or management of the drug substance such as a home, car, or bag, although it may not be actual possession in your case, it can be constructive possession. Therefore, the prosecutor can argue constructive... View More

1 Answer | Asked in Criminal Law for Texas on
Q: why can I not find Ellis County, TX cause of action number 48501cr?

This case pertains to Richard Brandon Coleman and the court documents I need for this case. We have contacted the Clerk of Court and the Justice of Peace, to no avail, we cannot find the case.

John Michael Frick
John Michael Frick
answered on May 16, 2024

That does not look like a complete case number for an Ellis County JP court case.

1 Answer | Asked in Criminal Law and Divorce for Texas on
Q: I want to fire my court appointed attorney but I have a status hearing in 6 days
John Michael Frick
John Michael Frick
answered on May 15, 2024

A mentally competent person can fire an attorney, including a court appointed attorney, any time without having to provide any explanation.

A court is not required to appoint a new court-appointed attorney or to grant a continuance of any setting. The defendant can represent him- or...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Who can legally carry a gun in texas?

My partner was denied to buy a gun in a federal background check for unknown reasons. He’s a permanent resident and not a felon and his background should be clean. He already owns a gun that was a gift from a friend. Is it legal for him to carry it?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2024

There can be a lot of different reasons your partner was denied the gun purchase by the Federal background check. Those checks are done in an inconsistent basis and can be political in nature. He may have a name that is the same as a person who is a felon or has pending criminal charges. There can... View More

0 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Real Estate Law for Texas on
Q: TIRED of having to live like this and unable to Relocate. Any Recourse for:

Misrepresentations,

Breach of Contract,

Property Damage(s),

Consequential Damages,

Mental Anguish,

Negligent Drainage Issues causing DAMAGE to my RV,

Carpenter Ant Infestations destroying RV (HOME) also resulting in SIGNIFICANT Damages, etc.????... View More

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Yes, I would like to know how to I go about helping find a pro bono lawyer in East Texas for possession of marijuana,

Less than 2 ounces in a drug free zone

John Michael Frick
John Michael Frick
answered on May 9, 2024

Generally speaking, lawyers do not take criminal cases like this on a pro bono basis because indigent defendants are entitled to a court-appointed defense attorney. If you are not indigent, an attorney who is not a relative or close friend of yours most likely will not take such a case on a pro... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: I paid by attny $1400 to have his PI serve a subpoena and then the PI company sent me an additional bill for $862 more.

I said I paid $1400 already and while they said the witness tried to evade getting served, she was within 10 miles of the PI company. I didn't have an agreement with the PI company myself.

I was just arrested for larceny for the $862 extra.

From what I've researched,... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

Typically, attorneys act as an agent for their clients in contracting for services like those of a private investigator. As with any contract, the principle (i.e. client) is legally responsible to contractors like private investigators for the cost of those services. As long as the agent... View More

1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Citizenship with rejected misdemeanor

I have been a permanent resident since Feb 2020.

In 2025, I could apply for naturalization and get citizenship.

In December 2023, I was arrested for domestic violence (slapped in the face wife once), I hired a criminal attorney and the DA office refused my case with no charges in... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024

I understand that this is a sensitive and important situation. Based on the information you provided, here are my thoughts:

1. Eligibility for Citizenship in 2025

Even though the domestic violence charges were ultimately rejected by the DA's office, the arrest itself could...
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1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Is Class C Misd. Traffic Violations with Def. Adjudication in Texas a CIMT & affect asylum and/or EB status adjustment?

The accused was driving with head-tail lights off & confused. She has a pending asylee status [no asylum interview yet], and became a victim of rapid escalation, was arrested & accused with Misd. Class B: Fleeing a Police Officer in TX. It had NO damage, resistance, drugs/alcohol. The... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024

Based on the information provided, here are a few key points to consider:

1. Deferred adjudication is generally considered a conviction under U.S. immigration law, regardless of whether it's for a Class C misdemeanor (traffic violation) or a Class B misdemeanor (fleeing a police...
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1 Answer | Asked in Criminal Law, Civil Litigation, Small Claims and Landlord - Tenant for Texas on
Q: Is this Blackmail/Extortion? Or do I need to pay?

When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More

1 Answer | Asked in Criminal Law for Texas on
Q: How can i fight a false possession charge with a tampering with evidence with the intent to destroy?
Madolyn García Falone
Madolyn García Falone
answered on May 7, 2024

You, on your own, can't fight it. Recall that, "anything you say can and will be held against you." You don't know the minefield that is criminal law, and everything you say will be parsed so as to successfully prosecute you. You need to hire a criminal defense attorney, immediately.

0 Answers | Asked in Criminal Law for Texas on
Q: If the only piece of evidence that could say any law was broken is gone . And cop conts with arrest is it lawful

Dont you have to have probable cause first before search? So if your search dont yeild dio you continue the arresst procedure with no evidence you never got close enough to touch it to confirm your reasonable suspicion

0 Answers | Asked in Criminal Law for Texas on
Q: San Francisco: 7 year old alleged sexual assault case. DA is denying defense discovery and witness access.

DA instructed alleged ( she's been reluctant from the beginning) victim to refrain from any interview with Defense before trial. The main witness who forced victim to make allegation cannot be located by Prosecution. DA had made a deal with Defense and alleged defendant in August and all of... View More

0 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Can i actually or have any decent chance of getting my gun rights back for 2 state jail felonies in Texas?

Non-Violent, Non-Drug related, Was 17 years old. Charge 1. Burglary of a building with intent to commit criminal mischief Charge 2. False Alarm or Report. 10 years ago, no trouble at all since.

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