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Questions Answered by Tristan Nicolas LeGrande
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 »

2 Answers | Asked in Criminal Law for Texas on
Q: Is it illegal in TX for cops to wire bath or bedroom with audio or video devices in your home without consent?
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Aug 12, 2022

No consent is needed if they obtain a search warrant / warrant for surveillance.

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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 »

1 Answer | Asked in Criminal Law for Texas on
Q: If I'm on probation for my ex's negligence and don't report, can I get it dismissed

Took my friends ride and was reported stolen by the time I got to it to take it back and I was driving.. Now on probation but can't make it to appts cuz its n another town.. And she wouldn't transfer me

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 23, 2022

Once you have pled guilty and been placed on probation, the case is over. It will not be re-opened and dismissed. You have to abide by the terms and conditions, or the probation could be revoked. Then you’d have to go to prison instead.

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Can i buy a firearm if im being charged with a felony?

Im currently being charged with a felony, i have not been convicted and have a clean record before this. I was told i can still own and possess the firearms i own but “probably” wouldnt get sold a gun. I wanna get other lawyers opinions because mine doesnt seem the know what he talks about

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 20, 2022

No, you probably would get flagged in a firearm purchase due to the pending felony case. Also, a typical bond condition is no firearms or ammunition. So if that is a bond condition, you would not want to purchase or possess firearms while the case is pending. Often, even if you take probation, it... Read more »

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1 Answer | Asked in Criminal Law, Internet Law and Small Claims for Texas on
Q: I sent someone money on a cash app for an rv they had for sale but now I can't get a hold of her

And there's no buyer's protection on this app that I sent the money through

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 18, 2022

You should make a police report. In the future, if suggest only using a payment system with some kind of buyer protection (like paypal, etc). Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: Is there anyway I can get a felony theft sealed or off my record? Its been 10 years and I haven’t had any trouble since

I was given 4 yrs deferred probation I did not complete the program and was sentenced to 9 months state jail

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 16, 2022

Unfortunately no, it is a conviction. You cannot obtain an order of nondisclosure for a felony conviction.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I was convicted of a non violent felony possession charge in Texas in 2017. How can i get my gun rights back?

I was not driving and it was not my vehicle. When the officer asked the driver to step out of the vehicle the substance fell onto the road from the driver side floorboard. We were both charged even though I told the officer it was not mine and no paraphernalia or any other incriminating evidence... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 16, 2022

With a felony conviction, you won't be "getting your gun rights back," unless the conviction is pardoned by the governor. It is highly unusual and difficult to obtain a pardon.

In Texas, a felon can legally have a firearm where they live (and nowhere else) 5 yrs after release...
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1 Answer | Asked in Criminal Law for Texas on
Q: I signed misdemeanor probation for 2 years probated for one year, is the most they can give me one year in county jail?

My original charges were a burglary of habitation, three burglary of a buildings, two unauthorized use of motor vehicles. They 1244 all of them under a plea bargain.

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 9, 2022

Yes. If your probation is revoked, you can be sentenced up to 1 yr in county jail.

The Judge could also reinstate your probation, with or without additional conditions. You are entitled to a hearing, and the opportunity to present evidence related to the alleged violations, as well as any...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How many times can a defendant miss a hearing in Dallas, TX? Person in question has missed 9. Felony drug possession

The person is my nephews' mother. She harrasses, threatens, plagues my family. She lies to the kids saying she has no more court dates, yet they're there; in black n white. She just keeps skipping and the court just keeps rescheduling!

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 6, 2022

Not sure thats anything you need to be worried about. It does not sound like you are a party or a witness. The Judge can permit a case to be re-scheduled as many times as they want. Its their discretion. Don’t like it? Wait until the next election. Vote for the other guy/gal.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If a 21 turning 22 year old attacks 17 year old and the 17 year old shoots him in foot with gun mom gave him to get away

Ok what if it premedatated the 21 year old waited till the 16 year old turned 17 to fight and the 21 threw 1st punch

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 5, 2022

You can use deadly force to defend against deadly force, or to defend yourself against becoming the victim of certain violent felonies. However, you cannot use deadly force to defend against NON-deadly force being used against you (in most circumstances). If a person is 17, they're an adult in... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: charge of continuous sexual abuse of a minor in the state of Texas mean mandatory prison time or can you get probation?
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 6, 2022

Unlike other sex offenses, there is no early release option for a person convicted of continuous sexual assault of a child. No probation or deferred adjudication available. Sometimes these cases can be worked out for a lesser offense and a long, strict probation, plus registration as a sex... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Comfortable with my lawyers they are not doing anything for me they're not talking to me they're not telling me anything

And while I do need another lawyer I don't have any money pay for a lawyer so I was trying to look into pro bono lawyers or I don't know because I got a court appointed lawyer and he's not doing anything for me and I just don't know what to do anymore what do I do do I look for... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 1, 2022

Make an appointment to meet with your appointed lawyer in person to go over the evidence. You are legally entitled to an attorney if you cannot afford one, just not an attorney of your choosing - unless you pay for the attorney yourself. You are unlikely to find a private attorney to take on your... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Iwas aressted for aggravated assault with a deadly weapon and robbery with the intent and that wasmt the case it started

Someone came to my house the day before I got arrested and told me if I didn't give him my Xanax he was gonna come back with a gun and I'd either come off my pills or my purse so he left and my fiance at the time disappeared so I. Knew we're they went so I had someone drop me off... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 1, 2022

Not sure I see any question in what you wrote. You are permitted to defend yourself and third parties from imminent violent crimes against you. Aggravated assault is a serious offense, and self defense is not a simple analysis, you really should take any concerns about your case to your lawyer. If... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: me and my fiancé were caught stealing from heb and the store we stole from made a police report.

Hello, me and my fiancé both work for heb and we were experiencing some financial struggles so we would steal food when grocery shopping at different stores but on Father’s Day we stole quite a bit of meat and we were caught and our store management placed us on paid suspension but made us aware... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 30, 2022

Don't talk to the detective. Don't answer any questions from anyone from law enforcement or HEB. If charges have been filed, you can call a bail bondsman to post the bond and get a court date. After that, you will need to find a lawyer to defend you in your case. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: Was my Fourth amendment right violated

I was at a motel the police got called for a misdemeanor burglary of a vehicle it was probably 3 or 4 hours after the alleged incident early in the morning maybe 6:00 cops got called I was in the room by myself they knocked on the door kept knocking I didn't answer the door I didn't make... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 30, 2022

I see that you have asked questions related to this situation before...you really are not going to get a complete answer on a free forum. You need to bring these concerns to either your appointed attorney, or the attorney you hire on your case. You MIGHT have issues to object to the search for... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If I lied about someone assaulting me and he is in jail what do I need to do to fix it
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 30, 2022

Once charges have been filed, a good way to help that person would be to assist in their search for a criminal defense attorney to defend their case. Even if someone takes back their statement ("recants"), the district attorney may not immediately dismiss the charges. If the prosecution... Read more »

4 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Do I have the ability to remove something on my record if it was just an arrest, and I wasn't convicted?

It's been years since this happened, but about 4 years ago I applied at HEB and was declined because of my "assault charge", is what they said. I know this has to be inaccurate because I was never charged, so I am curious what they saw on my background check?

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 30, 2022

Yes. Under Chapter 55 of the TX Code of Criminal Procedure, you can petition a civil court to have many types of criminal history record information removed from their respective databases. This includes, but is not limited to, records of formal misdemeanor or felony charges. An attorney can assist... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Elder Law and Federal Crimes for Texas on
Q: “During the glory days of radio, it was illegal to mimic the voice of the US president.”

“During the glory days of radio, it was illegal to mimic the voice of the US president.” Was there actually a law prohibiting that? Or was just a White House policy and not a legal issue.

Was it law or policy?

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 30, 2022

No. There never was a law making it "illegal" to mimic the voice of the president.

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2 Answers | Asked in Criminal Law for Texas on
Q: Can a police officer break into my hotel room over theft of a car misdemeanor call. I'm in texas,

The police got called for burglary vehicle I was in my room with the door closed and the latch latched I was in there by myself cops came I didn't answer the door they never seen me in the room of course they knew I was there but never see me and eventually broke down the door found illicit... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 27, 2022

Unfortunately there are not enough facts to answer your question. Yes, the police may not "break down a door over a misdemeanor," legally. They can, however, break down the door in other circumstances: felony warrants, pursuing a fleeing felon, and (in some cases) to prevent the imminent... Read more »

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