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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Domestic Violence for Texas on
Q: Can i carry a firearm in texas if i have a family violence charge? It is a Class A Misdemeanor. I plead no contest.

I received 1 year probation community supervision. It was around 2015 when all this happened. Am i able to own a firearm after the 5 year ban?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 19, 2022

No, it is a violation of federal law for you to possess a firearm or ammunition.

1 Answer | Asked in Criminal Law and Personal Injury for Texas on
Q: Verbal assault legal at rocketfast car wash by there employees
Kiele Linroth Pace
Kiele Linroth Pace answered on May 19, 2022

Maybe. It depends on the circumstances not as they actually were, but as reasonably understood at the time by the person who made the threat. Generally speaking, a threat of violence is legal in situations where the actual use of violence would be legal. Some common examples are in self-defense,... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: I was charged, but no conviction, of a class A in 2017. Then, this year, I found out discrepancies. can I appeal?

I got a hold, via a court FOIA request, of my 2016 arrest records. When I got indicted and charged, I kept getting told that my charge could not get entirely dismissed because the "witness statements" said something that was too "serious" to get my much more concrete piece of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 13, 2022

The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My husband has 3 charged felon poss firearm,poss less then a g,and assault fam violence w/prev conv but have statements

The assault was on myself but filed affidavit of non prosacution the gun charge the lady said she sent a affidavit as well

Kiele Linroth Pace
Kiele Linroth Pace answered on May 13, 2022

I'm not clear about your question. If you are asking about the affidavits then be aware that they give a prosecutor cover if they otherwise WANT to dismiss the case but they can just ignore them if they want to seek a conviction. In other words, an affidavit of nonprosecution can be an... Read more »

1 Answer | Asked in Criminal Law, Libel & Slander and White Collar Crime for Texas on
Q: What can you do if a prosecutor lies to a judge about you?

Prosecutor has lied several times but criminal attorney said it doesn't have anything to do with statue you were charged with. What can or should you do?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2022

"Never interrupt your enemy when he is making a mistake." - Napoleon Bonaparte

Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant.

1 Answer | Asked in Criminal Law for Texas on
Q: How long is a criminal trespass good for in Texas?

my ex husband had a criminal trespass put on me back in 2016. Not long after that him and i both together went to the local pd requesting it be removed. Ive lived at the property on and off since then. All my mail, bank accounts, irs account even the sheriffs dept has the address as my residence.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2022

All law enforcement needs for an arrest is "probable cause" to believe you committed a crime. However, in order to win a conviction against you, they'll either need you to enter a plea (like guilty or no contest) or they'll need to prove each and every element of the offense... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If there is no bond amount. How do we get a new one set? Bondsman paid in full, went off bond but didnt revoke.

Was arrested after out on bond for 2 years. Bondsman was paid in full 10k and "heard" inmate had charges for evading. But there are no evading charges. Bondsman went off of bond, but did not revoke. He now has no bail amount set and we are trying to get an amount. The bondsman will not... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2022

Contact his criminal defense attorney.

1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Legal Malpractice for Texas on
Q: Denied consent to search, waited 2 hours for k9, bogus reason for stop and bogus probable cause, illegal s and s

Stopped because claimed couldn’t read my license plate. Small town, same officer, seen me several previous times and had followed me 20 minutes before he seen me again to pull me over. I asked what his probable cause was and he said I looked nervous. All I was doing was putting gas in my... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 11, 2022

Your attorney may attempt to get copies of all data and voice recordings sent to that patrol car on that particular day in hopes of discovering whether or not the officer attempted to run your plates.

1 Answer | Asked in Criminal Law for Texas on
Q: I am a cuban. I was paroled upon entering the USA. My paroled expires before I am eligible to apply for I-485.

My paroled will expired before I am eligible to apply for i-485 (The Cuban Adjustment Act of 1966 (CAA))

Kiele Linroth Pace
Kiele Linroth Pace answered on May 10, 2022

To get the best answer, you should probably re-post this question with the topic tagged as Immigration instead of criminal law.

1 Answer | Asked in Criminal Law for Texas on
Q: What law could allow a 1st degree murder charge drop to a 2nd degree due to lack of malicious intent to murder?

Im just trying to figure out the correct terminology for it if any.

Kiele Linroth Pace
Kiele Linroth Pace answered on May 10, 2022

Intent to cause harm or commit a felony is pretty much baked into the definition of murder so perhaps you were thinking about the lower-intent offenses of Manslaughter or Criminally Negligent Homicide. The only way to get Murder down to an F2 is "sudden passion" which is an affirmative... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: After being married for 40 yrs what am I entitled to as far as things we earned togethe a house and 61 acres that's paid

Off and about 22 head of cattle? And being verbally abused for 10 yrs?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

Regular verbal abuse doesn't count as domestic violence under Texas law but it can if it includes threats to inflict injury, pain, or property damage. Talk to your divorce lawyer.

1 Answer | Asked in Criminal Law for Texas on
Q: Can I back out from a trial jury and decide to take a plea instead?

I went to court and was offering on the spot a plea to turn my felony to a misdemeanor or option to set my case for trial. I do not want to take my case to trial , My lawyer said we were going to set it to trial to buy more time, but that we were not going to take my case to trial my question is... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

I kinda doubt your lawyer would have set the case for trial if she believed that the Assistant DA would respond by taking the offer off the table. In most cases, both sides would prefer to reach a negotiated settlement to a trial and seeing that date creep closer on the calendar has a way of... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: Can this no contact order from Arkansas be enforceable in Texas
Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

Yes, some of them are covered by an interstate agreement. See chapter 88 of the Texas Family Code. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.88.htm

1 Answer | Asked in Family Law for Texas on
Q: My Son got a protection order placed on him under false alligations. He was solo. Send evidence to her attorney?

He have paternity case going on. Plus he got served two days prior to hearing. Asked for a reset to get attorney. Denied! 14th amendment?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

If it was a protective order issued under the Family Code then the law only requires he be given 48 hours notice before the hearing. Be aware that her attorney is not a neutral investigator. Ethics require her attorney to work in her best interest, so sending her attorney anything won't do... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: can i be charged with 3rd degree with only having 1 piece of evidence of me saying i threw out a cup of alcohol

i was pulled over for not making a complete stop at a stop sign and i told the officer that i tossed a cup of alcohol out of my window when i seen him turn on his lights. i was going down a underpass when i tossed it theres no dash cam footage or any other evidence that i did this except for me... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

Yes, a recorded confession can absolutely give the officer probable cause to justify an arrest. Ask your criminal defense attorney to watch the recording and give you an opinion on whether or not it is enough for the government to prove its case against you beyond a reasonable doubt.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Repaying a gifted down payment for a house.

I purchased a home in July of 2021 in the state of Texas. My now ex-fiance gifted me 7750 to put down. She has kept 12k worth of rings I purchased for her stating they are a gift. I told her if she will give me the rings back I will give her 11k dollars. She wants to keep the rings and me give her... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

First, be aware that the wholesale value of a diamond ring that costs $12,000 is probably in the range of $2,000 to $3,000 and almost certainly less than $7750 even if they are unworn rings from Tiffany in the original packaging. The appraised value certificate they give you for insurance purposes... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a cop search you on my property without anything no crime taking place because of a call saying I was arguing w/ gf

Cops were called by someone not in the home for domestic disturbance but me and my girlfriend were already over it's and the cops walked up into my yard and questioned us and their was no arguing or fighting they even questioned my niece n nephew and they said no they asked to search me I told... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

Hire the best local criminal defense attorney who will watch all four of the officer's BodyCam videos and determine if there is any good argument that can be made to challenge the legality of one or both of the searches.

2 Answers | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Q: As passenger in a vehicle should I be held accountable for something that was found in the vehicle during a traffic stop

I was getting a ride from acquaintance . I was sitting front passenger seat of a mini van.

I just got into the vehicle not only two miles down the road the cop pulls him over for making an illegal turn. The vehicle ended up being searched and the cops found a bag carrying illegal... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

Look up the term "constructive possession" to get an idea of what you're up against and then hire a local criminal defense attorney. If you think can't afford it then swallow your pride and ask a family member to help. A case like this can ruin your future. It's too... Read more »

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2 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Can I re i initiate contact with my spouse after a magistrate emergency protection order expires or do we go to a hearin

was arrested an an emergency protection order was issued by the magistrate due to family violence. I was served and the order expires in a week. My partner does not wish to prosecute but I am complying with the order by staying away and not having any type of contact. Can we expect a hearing or do... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

I agree with the other attorney and would add that sometimes the judge puts a no-contact condition on a jail-release bond. Here in Travis County that is especially likely on PR bonds and felonies.

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1 Answer | Asked in Criminal Law for Texas on
Q: Why would they wait to file charges and why were they waiting for felony disposition? How do I find reason for no bill?

Arrested 10/22/21 for POSS CS PG 1/1-B <1G and POSS DANGEROUS DRUG. The felony was filed 10/25/21 and then no billed on and disposed of on 03/22/22. The misdemeanor was filed 12/02/21

Kiele Linroth Pace
Kiele Linroth Pace answered on May 3, 2022

Grand Jury deliberations are secret so the best way to find out exactly what happened is to ask one of the attorneys involved. If that's not an option then you could go to the clerk's office and examine both files because they may contain some paperwork that explains what happened. It... Read more »

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