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Texas Federal Crimes Questions & Answers
2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can person on parole be convicted if he had no knowledge of a firearm being in the vehicle he was in

He had been driving my car the firarm feel out of my bag which I didn't realize and he didn't know I had it that day i work late at night so i have it for my safety, so when he had gotten pulled over for a traffic stop the officer ran his name and seen he was on parole and took it upon... View More

James L. Arrasmith
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answered on Mar 19, 2023

If your friend was on parole and found in possession of a firearm, even if he had no knowledge of it being in the car, he may still be in violation of his parole. Possession of a firearm is typically a violation of parole conditions and can result in revocation of parole and additional criminal... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can person on parole be convicted if he had no knowledge of a firearm being in the vehicle he was in

He had been driving my car the firarm feel out of my bag which I didn't realize and he didn't know I had it that day i work late at night so i have it for my safety, so when he had gotten pulled over for a traffic stop the officer ran his name and seen he was on parole and took it upon... View More

John Cucci Jr.
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answered on Mar 14, 2023

The short answer is YES!

There is a possibility that someone could get convicted in your situation. "Circumstantial" Evidence can get you convicted.

If you were indicted, and the case went to trial, your reasons and explanation you stated could get you to win a NOT GUILTY...
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1 Answer | Asked in Communications Law and Federal Crimes for Texas on
Q: Recording Consent

If you live in a single party consent state Texas and another person lives in a dual party consent state (CA) can you record them if you are on a call with them (i.e. you are in Texas and are the single party that consents to record the call).

If the person in CA records the person in Texas... View More

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

Under Texas law, the State of Texas will not prosecute you for recording a conversation if you are a party to the communication or have the consent of at least one party to the communication.

Under California law, the State of California may prosecute you for recording a conversation unless...
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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Texas does the defendant need to be in the same county as the arrest has taken place?

I was arrested for online solicitation of a minor under 14 in a police sting. The communication was taking place on a app and I was in Harris county and the officers were Montgomery county, there was a meet setup and the meet up was in montgomery county and that was where i was arrested. In 2008... View More

John Cucci Jr.
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answered on Jan 17, 2023

Your question leaves out some possible scenarios. Sometimes all the actions of the defendant must occur in the same county. There are also possible crimes, including solicitation, that can result in a conviction, even if one of the elements or other actions of the defendant do not occur in the same... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: when i am filling out any application they ask me about my criminal record but not sure if its a yes or no

hello i was arrested in Texas, Harris county because i was drifting at a street take over and the cops charged me which deadly conduct (felony) and they seized my car, once i was booked in the DA dropped the charged down to a reckless driving (misdemeanor) and i was out on a PR bond. my lawyer got... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2022

From your description, it sounds to me like you received deferred adjudication for reckless driving. Reckless driving is not a felony. Technically, it is also not a Class A or B misdemeanor; it is a hybrid offense.

Answering no to both questions might be perceived as being dishonest by...
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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have a pending 2nd degree felony with a $25,000 fine , do I need a lawyer?

I bought edibles in Colorado state in a legal store. I was with 2 friends and the person driving MY car got us pulled over for speeding and the officer did a search to find her driver's license. Also what happens if I don't get a lawyer and represent myself in court ?

Jo Ann Linzer
Jo Ann Linzer
answered on Nov 22, 2022

I agree with Penny that you need to retain a lawyer. The range of punishment for this offense will depend on what substance is in the edibles and on the amount that were in the car. An attorney can review the discovery and assess the evidence to determine if there was probable cause for the... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Legal Malpractice for Texas on
Q: Where can I find a super attorney to handle my case. Theft, lies, and attorneys who helped steal my family's oil and ga

oil and gas wells in Texas. I have proof, where can I find an attorney that can help us get everything back plus interest?

John Michael Frick
John Michael Frick
answered on Nov 21, 2022

You should look here in Justia for an experienced attorney board certified in civil litigation with a background in oil and gas litigation and in real estate litigation, ideally located in the county (or an adjacent county) where the stolen oil and gas wells are located.

Obviously, this is...
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1 Answer | Asked in Federal Crimes and Criminal Law for Texas on
Q: How does it work when two partys age of conset is different?Just how does it work if someones age of consent is like 1

Just how does it work if someones age of consent is like 18 and the other partys is 16.* It cut it off

John Michael Frick
John Michael Frick
answered on Nov 18, 2022

A person's age of consent is based on his/her location or conduct at the time of particular actions. There is not a situation that I can think of where two different people doing the same thing in the same place have different ages of consent.

For example, in Texas, the age of consent...
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1 Answer | Asked in Criminal Law, Federal Crimes and Libel & Slander for Texas on
Q: I am about to get charged for making a false statement about the police watching my house due to drugs? what kind of cri

me is this. I went to the national night out on September 20th and the police chief said to the police officer "her,its her".." investigation, tailed" the other police officer said "why?" and he replied "drugs". I took this personally as i have never even... View More

John Michael Frick
John Michael Frick
answered on Nov 6, 2022

It seems unlikely you would be charged for making vague statements at a National Night Out event.

Making a false statement to a police officer that is material to an ongoing criminal investigation is a crime. From your question, it doesn’t sound like anything you said was material to a...
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2 Answers | Asked in Federal Crimes for Texas on
Q: Single mom died , dad lied on death cert saying they were married . He stole all that was left t me by doing that.

There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

You would need to report him to law enforcement. It would be helpful to them if you provide the divorce decree and affidavits from several close friends and relatives of your deceased mom stating that she never remarried or lived with dad after their divorce in 1994, and certainly never held... View More

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1 Answer | Asked in Entertainment / Sports, Federal Crimes, Internet Law and Juvenile Law for Texas on
Q: Can I sue youtube for having videos with naked children on their site?

They have vids with kids going to the bathroom, kids running around with no clothing on, etc. Why is this legal to do?

James L. Arrasmith
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answered on Jan 13, 2024

I would be very cautious of this. I would contact YouTube directly to try to have them to take down the video(s). I would ask report those video(s) directly to YouTube moderators.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: So a 15 year old is accusing me of having sex with her (I’m 19 years old) but none of it happened. What’s gonna happen?

At the time my girlfriend lived at this 15 year olds house (My GF 17) and I would take her to work and home. I was never alone with the girl always had my gf with me.

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

You could be charged with a second degree felony.

1 Answer | Asked in Criminal Law, Employment Law, Education Law and Federal Crimes for Texas on
Q: What to do when someone threatened to blackmail someone on something that isn’t true?

My girlfriend is a teacher at a middle school and has a TikTok with a lot of followers. Last night we were at IHOP with some friends and she made a comment about some names given to people will lower their chances of getting hired in the future. It’s literally a fact on google. So today someone... View More

John Cucci Jr.
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answered on Nov 5, 2023

The only concern would be DEFAMING someone. That is when you say a false statement about someone. Truth is always available to publish or say out-loud.

LMK if you need more info.

I hope this helps.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can someone please help and give me some information on my brothers case
Grant St Julian III
Grant St Julian III
answered on Oct 19, 2023

More information is required. Call an attorney in your area Good luck

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: How can I get my purse back, or items from it, after an arrest?

I was arrested in late April for POSS CS PG 1/1-B >=4G<200G. I wasn't pulled over. I willingly stopped, because the police had stopped my friend while he was walking. They came to talk to me and explained that he was going to jail for warrants. While talking to me, they asked if I had an... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

The first thing you need to do is dispose of the criminal charges against you. Then have your attorney file a motion to release the purse from evidence to you.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: My son has not been fairly represented, what do we need to do?

Had court appointed attorney and they have not built up any defense for him.

John Michael Frick
John Michael Frick
answered on Jun 17, 2023

Provide your son with sufficient funds so he can fire his court-appointed attorney and hire a better attorney. It is unwise to scrimp when you are charged with a federal crime. Hire the best attorney and you are much more likely to get the best outcome.

1 Answer | Asked in Criminal Law, DUI / DWI and Federal Crimes for Texas on
Q: Is there anyway to get a 30 year old DWI felony expunged?

I want to get my rights to carry a gun back. Is there anyway to do that with these felony DWI’s that are 30 years old?

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 21, 2023

No you cannot expunge convictions ..

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: Can a court appointed attorney sign for me a motion to substitute attorney of record for the defendant without consent?

Never met with court appointed attorney

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

Yes.

Once a substitute attorney is either hired or appointed, the attorney can sign pleadings on your behalf.

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: Does the state have to file a motion to reindict under a new cause and if so, which action comes first?

If a case was dismissed can a person be reindicted for the same case? And if so, what is the process regarding motions and cause numbers, which comes first the motion to indict or the cause number, can a motion be filed after the indictment or before?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 16, 2022

Yes, it would be a new cause number and they can try to indict, You could prepare a grand jury packet so retain a lawyer,

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I’m writing a book about a hacker exposing a corrupt corporation. Can the hacked info be used to prosecute?

I want to know if someone can be arrested, tried and convicted based on information leaked from a third party? I’m doing some research for a book I want to write that revolves around hacking a corrupt corporation and have the information leaked. It wouldn’t be government related so there... View More

John Cucci Jr.
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answered on Dec 11, 2022

No matter how you expose criminal activity, there will be consequences.

Be careful!

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