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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: If I hired a contractor and he doesn't finish the job and I still owe him the last 10% can I take him for criminal

He has numerous complaints

John Cucci Jr.
John Cucci Jr.
answered on Aug 25, 2022

First of all DO NOT PAY a contractor untill they are completely finished with the job.

If you do there is a presumption that you were satisfied.

LMK how that goes.

Good Luck!

1 Answer | Asked in Criminal Law for Texas on
Q: Did the law changed last year on assault public servant.Is it 2nd or 3rd degree felony in Texas.?
John Cucci Jr.
John Cucci Jr.
answered on Aug 23, 2022

3rd degree felony!

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: What are the steps to take for complaint of ineffective council?

My LO was sentenced to 20 years for drug charges, 841 A & B and is ccurrently serving time in FCI Berlin, NH. He says he was inadequatly represented by his lawyer due to the prosecutor making aquistions that the defense lawyer was also involved with him in dealing drugs and that instead of... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 23, 2022

I had trouble understanding some of your question and what LO means.

The basic standard for making a claim that your attorney was ineffective is explained in the Strickland vs. Washington, decision of the US Supreme Court. It has also been recognized as the law in Texas and every other...
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1 Answer | Asked in Criminal Law for Texas on
Q: If I got a ticket to apear at a court from a Comanche nation casino in Oklahoma for cds charge but was not arrested

I left a makeup bag at a slot machine they found and went through I had not a few grams ofeth and some unprescribed meth what can I do to avoid prison time

John Cucci Jr.
John Cucci Jr.
answered on Aug 22, 2022

Remember that the Comanche Nation is just that, it is a seperate nation from the US. Whether or not they will try to have you brought to thier nation, is a guess. If it were a US state, you would have a problem. Because it is an Indian nation, they would have to ask the US and/or your state to... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I skipped TX to evade court for a prob. violation for x2 felony poss. charges. Can I buy out my freedom at this point?

I left TX a year ago after serving 9 months in SAFP, I failed a random color call drug test while on probation and decided I would not go to court. I don’t believe that possession of a substance should be a crime, as I am not a harm to anyone but myself and even then- I am no harm to myself. I... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 19, 2022

You can NOT "buy" your way out of your criminal charges.

The best way to spend your money is to hire a great attorney who is a zealous advocate and agressive litigator. You will need such a lawyer when you come back into the system.

The county in which you are facing...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have some on my court report that I cannot make sense of. Can you help?
John Cucci Jr.
John Cucci Jr.
answered on Aug 19, 2022

You would have to contact my office to make an appointment to review what you need.

2 Answers | Asked in Criminal Law for Texas on
Q: Texas 3G conviction in 90s. Evading charge in 2022. Will parole treat him as 3G offender in decision for release

Husband was charged in Texas with a 3G offense as a teen in the 90s. He will soon be sentenced for an evading charge in 2022. Will he be required to serve 50% due to the prior 3G offense?

John Cucci Jr.
John Cucci Jr.
answered on Aug 19, 2022

Evading is usually not a 3G offense. As long as there is NOT a finding that a weapon was used as part of the crime, it will not be a 3G offense. On an evading, as long as the car is not labeled as a deadly weapon, it will not be a 3G offense.

Good Luck!

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1 Answer | Asked in Criminal Law for Texas on
Q: Can an EMT or Paramedic be charged with trespassing if their patient tells them to leave their home.

In this case, they were not present in an emergency capacity. They were infusing monoclonal antibodies for COVID-19. They could act should an emergency condition exist. However, in this case, the patient was deemed ineligible for the infusion, and no immediately obvious emergent condition existed... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 19, 2022

Technically, I believe there may be a violation if the EMTs were to remain after being told to leave. I do not see any prosecutor accepting that type of a case unless the offending persons hurt or caused a serious harm to person or property. remember, if the DA will not take the case, then there... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If ur released from federal facility and taken back to county jail does that mean he has done all his federal time

He was at the Karnes facility and is now back in bexar county jail

John Cucci Jr.
John Cucci Jr.
answered on Aug 18, 2022

When you are released from a Federal Prison, you are given paperwork from the marshalls that states whether or not you have completed your sentence. If they moved him back to the County jail, it may be to face new charges on a different matter in State court. Either way, there should be transfer... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My understanding is that in TX, Cops can place audio/video surveillance in your home with a warrant. I want to know if

they can place them in the bathroom and bedroom where you are supposed to have privacy and be able to dress and shower without your knowledge or consent?

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Aug 13, 2022

Again…yes. Anywhere the police obtain a warrant signed by a judge, to wiretap or conduct surveillance, they can place audio/video surveillance. Why would they need consent to conduct surveillance? That would defeat the point…if you get charged with a crime, don’t talk to law enforcement and... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I need help I had a out of state warrant went to jail in Colorado in stead of being sent back to Texas I got out on bond

But still have a active warrant what now

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 9, 2022

You need to call a Texas lawyer ASAP. The court should of gave you a time frame to go to Texas

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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