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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can she get the charges dismissed if the drivers on the affidavit saying she knew nothing about the drugs
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 10, 2021

Assuming this is an extension of the motorcycle question... It is the prosecutor's job to decide which cases to pursue and which to dismiss. An affidavit might help, or it might not... depending on how the prosecutor reacts to the contents of the affidavit. It might also help if the... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law and Federal Crimes for Texas on
Q: My friends were on a motorcycle and the driver had a half oz of meth in his backpack. Passenger didn’t know about

Passenger has never had a ticket on her record and worked for the APS of Texas recently

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 10, 2021

OK, but what is the question? Reading between the lines it seems like the passenger was charged with Possession of a Controlled substance and you want to know if not knowing is a defense? It can be, but it would be unwise for your friend to talk to an investigator without an attorney and an... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If i get pulled over for speeding 5mph over, can police arrest me and use that as justification to search?

I've had police arrest me for small things... Ie jaywalking, because they see my criminal history of drug possession, and want to search me even though I've declined consent. Is this legal?

I drive a lot for work, and need to know if they can arrest me for marginal infractions in... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 9, 2021

They can arrest you for almost any violation... except minor speeding. This was discussed in detail in the US Supreme Court's majority opinion in a case from Texas named Atwater v. Lago Vista, 532 U.S. 318 (2001). Look it up!

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Municipal Law for Texas on
Q: my son was a passenger i a car that was stopped by frisco pd they asked them if they had anything in the car they said

they said no the cop said he sees and nugget of weed and that since they lied they nhad to search the car that was in the drivers sister name with insurance they driver is leagal to drive they search the car finds a glock 19 and some marijuana upon release they tell my son that his phones have been... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 9, 2021

I agree with attorney St. Julian and would add that it would be wise to hire a good local criminal defense attorney. There should be DashCam video that may show the reason for the initial stop and BodyCam video that recorded the verbal interaction and the search. Unfortunately, you can't... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: I finance a used Nissan Nv Cargo without the buyers guide and if I have been sold a Modified vehicle.

The finance paperwork was deceptive and a lot of information and the signature page of the service contract is omitted that clarified the details that would validate or invalidate the services I purchased, but I didn’t know this until I researched the terms and conditions pages they gave me and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 8, 2021

This sounds like a frustrating experience but I'm not sure of your exact question. It sounds like a civil law issue rather than a criminal law issue.

1 Answer | Asked in Criminal Law for Texas on
Q: How much would it cost for me to get my brother a lawyer since he is currently incarcerated at Miller County jail?

My brother is currently incarcerated at Miller County jail in Texarkana Arkansas. He has court this morning and i was wondering how much it would cost to hire a lawyer for him or if they would take his case as pro-bono

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 8, 2021

Attorneys are licensed by state so, if he is being prosecuted in Arkansas, you should hire an attorney licensed up there. If he can't afford an attorney he can ask the judge to appoint one.

1 Answer | Asked in Criminal Law for Texas on
Q: found out police officer lied in sworn affidavit for felony warrent and again in official investigstion after plea deal

state filed MTR to adjudicate guilt. court appointed attny withdrew for conflict of interest. proceeded pro se and was provided the case files from Private investigator which showed not only did officer lie in sworn affidavit for felony arrest warrent but also lied in her investigation stating I... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 8, 2021

Did you ask the court to appoint an attorney for your appeal?

1 Answer | Asked in Criminal Law for Texas on
Q: Where can i found legal aid for a criminal case
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 8, 2021

If you can't afford an attorney, you can ask the court to appoint an one if you are facing charges for a class B misdemeanor or higher level offense.

1 Answer | Asked in Criminal Law for Texas on
Q: can you still get charged for a drug crime if you were pulled over for no turn signal and got searched found drugs.

was pulled over for no turn signal was asked to get out vehicle and was searched, they found drugs but i was wrote a warning for no turn signal and let me go, i don't know what was even found, the only thing i signed was the warning stating there were drugs found but not what it was or amounts... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 8, 2021

Perhaps they will send the drugs to a testing lab and then decide whether to file criminal charges. Perhaps they already decided to do nothing.

1 Answer | Asked in Criminal Law, Child Custody and Juvenile Law for Texas on
Q: 17 yr F @ park with 16 yo M. M's g‐ma assaults F. F drives off w/M. F accused of taking a runaway. Police-"Felony".How?

My daughter was at a park with her bf's family. Grandma got confrontational with grandson and my daughter. Told me daughter to leave. Daughter gets in car and calls me. I told her to make sure she doesn't do anything to her bf. Bf gets in car. Gma goes to daughters driver door and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 30, 2021

1. Almost nobody actually memorizes the law. There are too many and they change too often. Any halfway decent cop, lawyer, or judge will check the statutes for all but the most common offenses.

2. Your daughter could be arrested and charged with MURDERING the grandma if a cop believes...
Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: What is disposition in court?

I have an active DWI case. I looked online and for the next court setting it says Disposition..appearance waived. What does this mean? What will happen at this court date?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 28, 2021

Disposing of a case means closing it with some sort of resolution. The "disposition paperwork" explains how it was closed: conviction, deferred adjudication, dismissal, etc.

1 Answer | Asked in Animal / Dog Law and Domestic Violence for Texas on
Q: My ex says she is going to take me to court for the gifts she gave me. She thinks I should have to pay for them.

8 month relationship that was physically abusive (her towards me) and verbally abusive her to me. She got a credit card and we got an engagement ring for her. It’s under her name. Her care credit card was used to pay for a dogs vet visit. And an Amex card that had my name on it as an authorized... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 28, 2021

She can sue you for whatever she thinks you owe her, and you can file a counterclaim for what you think she owes, and then a judge can sort it all out. You could hire a civil attorney to increase the chances that you'll win but it would probably be faster, cheaper, and less heart-wrenching to... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: What can I do to drop domestic violence charge with previous convictions ?
Kiele Linroth Pace
Kiele Linroth Pace answered on May 28, 2021

You can ask the District Attorney's office to dismiss the case and perhaps even sign an affidavit of nonprosecution. However, it is the prosecutor's duty to decide whether or not to seek a conviction and they often decide to move forward in domestic violence cases against the wishes of... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Divorce for Texas on
Q: Is Defamation ex parte and subjective language (libel) allowed for a writ while a victim child is protected by VRA law?

Defamation and subjective language were used ex parte for a writ to a child's body, after an action (motion) was in place for full custody, after numerous bouts of maternal child abuse and maternal fraud were evident. The child was then subsequently returned to the maternal abuser against... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 25, 2021

I apologize for the snarky tone of my previous response. I can't remove it, so I will try again to answer your specific question regarding the language in a writ:

Arguing over the language is probably not the best use of your time and effort. One of the many reasons that wise...
Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: Should I put on my application that I was arrested for domestic violence for a correctional officer job in Alaska.

I was arrested 2 times for 3 different cases. The first was 01/2017 and the second was two charges on 01/2018. All cases were dropped due to insufficient evidence or dismissed. The first happened in California and the 2nd happened in Hunt county Texas.

Kiele Linroth Pace
Kiele Linroth Pace answered on May 25, 2021

This question is best answered by an Employment Law attorney in Alaska. In Texas, arrest records are public information that appears on a background check until or unless they have been properly expunged... and dismissed cases are not automatically expunged. You'd need to ask a California... Read more »

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Texas on
Q: If my oldest child were 18+ & coerced by manipulation my younger child a minor into running away could I press charges?

Ex. My oldest has several mental health issues and oppositional defiance disorder. Once she moved out, it would be plausible she would 'get back at us' (parents) by manipulating and convincing her little sister to run away and come stay with her when things at our house were... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 25, 2021

It is a defense to prosecution for Harboring a Runaway Child that the actor was related to the child within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code. See section 25.06(b) of the Texas Penal Code.

A sibling relationship is the second...
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1 Answer | Asked in Criminal Law for Texas on
Q: In my disposition papers under where it says conference status it says case disposed does that mean case thrown out
Kiele Linroth Pace
Kiele Linroth Pace answered on May 24, 2021

No. It only means the case has been resolved. The word "disposed" shared the same root as "disposition" and it means the case is no longer pending. A case could be disposed of by either a conviction or a dismissal. Ask your criminal defense attorney to evaluate the paperwork... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a murder case be beat if no evidence from the scene? Sentence to prison by juror..
Kiele Linroth Pace
Kiele Linroth Pace answered on May 22, 2021

Evidence from the scene is not required for a conviction... and the testimony of witnesses is EVIDENCE.

The best time to fight a criminal case is BEFORE you are sentenced to prison by a jury. People have the mistaken belief that an appeal is a second chance... a do-over. The truth is...
Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Texas on
Q: Should I take a long planned flight to Mexico from Houston if I just found out a warrant may be issued while i'm gone?

I have round trip tickets and plan on only being gone for 4 days (this is a vacation trip) and returning to Houston promptly.

Kiele Linroth Pace
Kiele Linroth Pace answered on May 22, 2021

I have had clients arrested on warrants in the Houston airport. The arrests created problems for both the client and their traveling companions. It would be wise to hire a local criminal defense attorney to clear the warrant before your trip.

1 Answer | Asked in Criminal Law for Texas on
Q: Hi I had a class 3 felony with deferred adjudication in 1995 in Dallas Texas. 3 years later I got an order or nondisclo

I got an order of nondisclosure but I want to get my record expunged, is that possible?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 22, 2021

Expunction is not available for felony cases resolved with deferred adjudication unless the conviction is overturned on appeal or pardoned by the Governor of Texas. It is too late to appeal but you can download the pardon application from the website of the Texas Board of Pardons and Paroles.... Read more »

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