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Questions Answered by Kiele Linroth Pace
2 Answers | Asked in Criminal Law for Texas on
Q: Once deferred adjudication probation is completed and the case has been closed, can the court pull your probation record

Texas.

Can the files be pulled from probation after the case is closed/completed?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Dec 22, 2022

Everyone has access to the records unless they are sealed. Courts and law enforcement have access to sealed records, and so do the types of people listed in section 411.0765 of the Texas Government Code which you can view here: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.0765... Read more »

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2 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: A situation happened where I was hit in the face with a door due to domestic dispute between my friend and her boyfriend

I was unaware of what had happened prior to them getting to the house. I went to the bathroom my friend was using at the time to pick my purse up off the ground. I closed the door and when I went for my purse, he kicked the door open to the bathroom and it hit me in the face. I never press charges... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Dec 22, 2022

It sounds like your "friend" has now committed the felony of Tampering With a Witness against you. See Section 36.05 of the Texas Penal Code.

It may be in your best interest to stay away from these people. Depending on which jurisdiction put you on probation and when, it may...
Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: If I'm defending myself in a harassment case misdemeanor Class C ..am I allowed my discovery from county attorney
Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 29, 2022

The prosecution MUST give a defendant discovery if he or she makes a request in accordance with 39.14 Texas Code of Criminal Procedure. "We don't do that here" and "this is our standard discovery package" are not valid responses to a timely request. In fact, a class C... Read more »

2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: Is there any way for me the "victim" to appeal a lifetime protective order bc I no longer wish to have a protective orde

I don't want this protective order in place and I lied on the hole thing just cuz my sister wanted me to get one an I thought I could just remove it at any time.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 23, 2022

You're probably looking at a Motion to Vacate / Request to Modify rather than an appeal. If the judge won't agree to vacate then the request to modify gives you a backup of simply removing the no-contact and keep-away conditions... that leaves VoPO on the table in case of future... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Texas on
Q: I want to know in Texas, what is the timeframe allotted to hold trial after indictment and what is the code on this?

I feel my attorney has waived my right to fair and speedy trial. I have not consented to this and he has not informed me that he has or not. But being that I’ve been in this case over 2 years, going on 3 I feel that this is the case. I am looking for an answer to this question due to the fact... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 17, 2022

The law does not require a specific number of days or months. You DON'T have a right to a speedy trial until formal charges are filed, which for felonies means a grand jury indictment... but the clock on the statute of limitations does tick, and that does have a specific timeframe defined in... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Can a police officer charge you for some drugs found outside your car hours later after you have already bn took 2 jail?

My brother was stopped and searched and nothing but s blunt was found in him. When was then took to jail finally. The cop did a very thorough search of his ride and found nothing else. He was them arrested and took to county jail. Over 6 hours later the law comes back to the jail and says he found... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 17, 2022

Anyone can be charged with anything. Whether the police can prove it or not is another matter. That's why you need a good criminal defense attorney.

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Texas on
Q: I'm staying in a weekly room and I currently got overcharged on a pandemic crisis $800 for one week when they only charg

When they are in charge 400 a week on the neighbors said telling me that they have brought me I'm so I'm trying to think should I make them serve me court papers and say cuz they're still trying to charge me

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 17, 2022

This sounds like a matter of civil law rather than criminal law. This type of dispute does not typically become criminal unless there is an accusation of trespassing or property damage. Even an eviction, if they go that route, is a matter of civil law. It may be faster, easier, and cheaper to... Read more »

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1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: What can I do about a bad lawyer?

I have had an assigned lawyer for 11 months. During that time she has been extremely uncommunicative, not answering any requests for info about my defense. Not confirming that she receives my calls or emails. She has not done anything in my defense to prepare for trial. Last week, prior to a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

It sounds like you have already taken the proper steps by documenting your communications and approaching the judge. Many court-appointed lawyers are overworked and underpaid. Client communications are time-consuming and are not always helpful to the attorney's preparation of a defense.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Does getting a subpoena mean you will definitely have to testify?

My husband was told he was going to receive a subpoena to witness in an up coming trial. They also told him they might not use him at all. I thought subpoenas had to have dates and times, etc. declaring when someone will have to testify. Please help me understand.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

A regular subpoena is a court order to appear and be prepared to give honest testimony. A subpoena duces tecum is a court order to provide evidence (typically documents) and it may specify a deadline that is before whatever trial or court setting where the evidence might be used to give the... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can police take my dog from his lead while looking for someone with an arrest warrant who use to live there?

I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

They took your dog and left or they simply moved your dog to a different location? To be honest, if they claimed to be afraid of the dog then they could probably get away with shooting your dog dead.

1 Answer | Asked in Criminal Law for Texas on
Q: In Texas, can the d.a. File a motion to proceed with an adjudication of guilt prior to actually being booked into jail?

This motion contains some false information and makes me appear to look a lot worse than it truly is.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

Yes, in fact both the Motion to Proceed with Adjudication and the capias warrant MUST be filed before the end of the community supervision period.

3 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Hello I filed a false report on someone and they had charges pressed. I recently was charged with filing a false report

I was just wanting to know what could be the outcome of both situations. Since I was recently charged with filing a false report does that mean the charges against the other person will be dismissed?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

The prosecutor is not REQUIRED to drop the charges against the other person but it would be foolish not to drop them unless your retraction did not cover all of the criminal behavior alleged against the other person. For example, if your retraction statement said "he threatened to chop me up... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: What does it mean when you will not be having trail
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 19, 2022

Most criminal law cases are resolved without a trial. Sometimes the charges are dismissed by the prosecution and sometimes there is a settlement agreement between the prosecution and defense. A case may also be dismissed by a judge over the prosecution's objection, but that only happens in... Read more »

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2 Answers | Asked in Domestic Violence for Texas on
Q: If someone calls 911 and threatens to kill you, is that a terroristic threat in Texas?

A family member was drinking and was mad at me. They call 911 and accused me of beating a child (not true at all, police didn't even ask to see the child). The family member then threatened to kill me on the 911 call. Isn't that considered a terroristic threat, or at least domestic... Read more »

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

Maybe. Maybe not. It depends on the context for the threat and the INTENT of the person making the threat rather than the feelings of the person who received the threat. For example, if the person's purpose was to motivate the 911 operator to send officers to a fake emergency it would be a... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Out on bond pd the bondsman in full then he got arrested a year later for new charges bondsman went off bond so now he

Has 8 bonds is there a lawyer that we can give him the money instead of a bondsman to get him out

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

Can you buy ice cream at Mcdonald's? It's on the menu but the real answer is: Maybe. Maybe not. Do they actually have any or are they sold out? Is the ice cream machine even working today or is it broken again? Are there any employees on the current shift that know how to operate the... Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Does a victim of a heinous crime have the ability to appeal a plea bargained sentence?

Many years ago a man broke into my parent's home and murdered my younger brother. His murderer tried to kill my younger sister by stabbing her multiple times - she survived. The case grew very cold and the man was not found for several years until he was arrested for DUI, then fingerprints... Read more »

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

I am sorry for your family's loss, but I do not believe the courts are capable of providing the closure you seek. The limitation period for criminal attempt is the same as that of the offense attempted. 12.03(a) TxCCP There is no limitations period for murder. 12.01(1)(A) TxCCP. That said,... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: what happens if you are on probation and get arrested cause interference with a 911 call is that a probation violation

Basically My ex has felony possession of a weapon got probation but then got arrested for interference with a 911 call basically stopping a 911 with his gf ? Will he get violated ?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 6, 2022

One of the most common conditions of probation is to "commit no offense against the laws of this state or of any other state or of the United States" so, if he has that condition then he may have already violated the terms of his supervision. Whether his probation is revoked because of... Read more »

2 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: I cussed a doctor in his office can he file a complaint like he said he was?

Nothing happened just name calling from me.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 6, 2022

There are unlikely to be criminal charges, and if there were it wouldn't be Domestic Violence unless the doctor is a family member, roommate, or someone you dated.

The most likely charges I've seen in situations like this are Assault by Threat, Disorderly Conduct, and Criminal...
Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: I was convicted of assault bod injury FV in 2004 after my deferred adjudication got revoked. Can I legally buy a handgun
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 3, 2022

It is a violation of federal law for you to possess a firearm or ammunition and also against the law for another person to knowingly give you a firearm or ammunition.

1 Answer | Asked in Criminal Law for Texas on
Q: If someone is in jail and is on probation what can I do

He was on probation for felony drug charges was arrested got on probation went on the run was arrested again then again got on probation this was his final year on probation he was going to pay it off when he got his taxes but he relapsed became homeless and now is in jail with theft greater then a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 27, 2022

If you have the resources to hire him a better attorney than a court-appointed then you could do that. If you can't afford that, you could still make his life more comfortable in jail by depositing smaller amounts of money into his spending account at the jail... this is sometimes called... Read more »

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