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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Is it possible to overturn a judges signature on a probation document for revoking probation Bowie county is it possible
John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

Yes. You can either re-file with the probation judge, or appeal the court's decision. Be careful as sometimes you have already waived your right to appeal any issues on probation.

Good Luck!

1 Answer | Asked in Criminal Law for Texas on
Q: Probation officer forgot I was ordered to do several weekends in jail. Will I still have to do them?

I am on felony probation. I got revoked 17 months ago and was ordered to serve 5 weekends in jail and had 6 months to complete them. My probation officer never checks anything other than my fines and community service. She is very “dingy” but she has not mentioned the jail time I was ordered to... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

Hi: You are in a bit of a pickle. I would like to tel you you will not have to do the time. A neat way to cover yourself( but might not work), would be to appear at the county jail on a saturday morning and ask to serve a weekend. If they send you away, as you seem to expect, then you will always... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Texas on
Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I got a new PO and simply forgot about our meeting yesterday. What are the potential consequences?
Grant St Julian III
Grant St Julian III
answered on Aug 4, 2022

The potential consequences are revocation of probation and jail. Call your PO asap. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: I'm on probation I have to report on a Monday but a mtr was issued. Should I keep my appointments or turn myself in with
Grant St Julian III
Grant St Julian III
answered on Aug 4, 2022

Get with your attorney before you do anything to see 1) what is alleged in the motion to revoke to determine, 2) if you can cure any of the violations alleged. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: the cops had a search warrant and seized 3.5 oz of meth, 4 oz of weed and 2 guns over 1 month ago at my home yet not

nothing was mie

Grant St Julian III
Grant St Julian III
answered on Aug 4, 2022

First, stop making confessions on social media; law enforcement monitor these sites. Next, get with an attorney. No one in this forum knows the total evidence in possession of the State, so on one here has a clue of what the outcome of your cases will be. DO NOT TALK ABOUT THE FACTS OF THIS... Read more »

2 Answers | Asked in Criminal Law, Divorce and Federal Crimes for Texas on
Q: I hired a lawyer for my sons case last week. My son had court yesterday and the attorney didnt show. He has a trial set

For monday. Whats gonna happen if he doesnt show up again for the court

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Aug 3, 2022

The judge will likely reset the trial date if your attorney does not appear especially without knowing the reason why. Try to contact your lawyer and inform him of the trial date.

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2 Answers | Asked in Criminal Law for Texas on
Q: I was in possession of 3.5oz of meth, 4oz weed and 2 firearms during a search and seizure over a month ago yet was no

arrested at the time of drug bust. They had an informant make buys from me. They also took $3500 in cash and my coins that I have been collecting for 15 years. Most of that money was earned from my legitimate business not selling drugs. I was trying to get bank acct straight due to being hacked so... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jul 31, 2022

First you need to know that you are not the only person that has happened to.

Did they leave you an Inventory list or document for anything they seized? If not, it is time to clean-out your home of any illegal items. Are you a convicted felon? If so you need to get every firearm and all...
Read more »

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1 Answer | Asked in Criminal Law and Wrongful Death for Texas on
Q: Is there a way to get a police report for a body found in 1985? My dads murder has never been solved.

I have the autopsy but would like to know if I can even obtain police records.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 30, 2022

Contact the police and ask . It may be in cold cases You may also ask a new station to run your cold case.

1 Answer | Asked in Criminal Law for Texas on
Q: Why would the police threaten to arrest you for violating a protective order when you can't even find out any informatio

In Texas

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 29, 2022

I assume someone made a report that you violated the PO.

2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: I am 17, a citizen of the United States, I have a pending charge for possesion of paraphernalia, can i re enter the u.s?

i received a misdemeanor charge for possession of drug paraphernalia. my family is planning a trip to Mexico, will i be able to enter Mexico and re-enter the u.s? I am 17 years old, and also a citizen of the u.s

John Cucci Jr.
John Cucci Jr.
answered on Jul 31, 2022

The only way you will have an issue upon re-entry is if you have a warrant. If you are out on bond or there has been no bond established, you are ok. If you fail to appear for court and have an active warrant when you re-enter, you will have a problem.

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2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: I am 17, a citizen of the United States, I have a pending charge for possesion of paraphernalia, can i re enter the u.s?

i received a misdemeanor charge for possession of drug paraphernalia. my family is planning a trip to Mexico, will i be able to enter Mexico and re-enter the u.s? I am 17 years old, and also a citizen of the u.s

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 29, 2022

Take care of your criminal case before you go. If you are a citizen you can reenter

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1 Answer | Asked in Criminal Law for Texas on
Q: Do I have to disclose an expunged record during a name change?

I am doing a name change in Texas and it is asking if I was ever charged with a misdemeanor a/b or felony. I was, but iT was expunged. I’m not sure if I still need to disclose that to them since it also happened over 10 years ago as a minor.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 27, 2022

You don't have to disclose it.

1 Answer | Asked in Criminal Law for Texas on
Q: Hello I’m a important witness in a criminal trail. Will I be crossed examined? I saw online that I won’t.

I’m a witness for the prosecution. (The DA)

Grant St Julian III
Grant St Julian III
answered on Jul 26, 2022

No one in this forum can predict exactly what will happen in your situation, but if you testify at trial, expect to be cross examined.

1 Answer | Asked in Criminal Law for Texas on
Q: I was in a fight and the other person involved fled.I did not start the fight. Im being charged with assault.
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 25, 2022

Assault causing bodily injury is a class A Misdemeanor. If convicted, its up to 1yr in county jail, and up to a $4k fine. However, you are permitted to use physical force to defend yourself - to the extent and degree of the violence used against you. If someone assaults you, you can physically... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: can Cops search you based of hearsay of stealing something?

At the bar, a couple saw my friends and I hanging around them before their phone was stolen but it was a crowded bar and they assume we stole their phone and told the cops who then asked to search me and my friends and we said no, but is that legal??? We did not take their phone but are they... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 25, 2022

They can ask to search you and if you consent they can search you. If they do not have pc they cant search you without your consent,

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1 Answer | Asked in Criminal Law for Texas on
Q: If the state place a protective order on an inmate does it mean they will be released
John Cucci Jr.
John Cucci Jr.
answered on Jul 24, 2022

The short answer is No.

There seems to be more going on than your question states.

It is surprising to place a protective order on an inmate. However, if the inmate is expected to be released within the next year, it may be placed to protect a "victim" for a year or more....
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: On felony probation already, have violated twice and went to jail again. not revoked, should I hire an attorney now?

It’s in texas and for possession of a controlled substance

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 24, 2022

Yes, retain a lawyer,

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: How to fix wrong birth year on drivers license in Tx.

When I was 15 my dad got me a TX state ID and somehow changed my birth year to say I was 16 so I could work. The birth year then followed on to my Drivers License. I am now about to turn 47 and I have never fixed this issue due to fear of my dad getting in trouble. He has now past and I want to... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 23, 2022

Take your birth certificate and correct the date.

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