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Questions Answered by Tristan Nicolas LeGrande
2 Answers | Asked in Criminal Law for Texas on
Q: What happens when you are not part of a forfeiture case but should be? Are you obligated to file a written answer?

I own a truck that the state seized and now has filed a forfeiture case against. At the time of seizure I did not own the truck. It was in a dead man's name, so the named parties in the suit was the dead man and the person driving the truck. A written response has to be filed by 10am tomorrow... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Mar 26, 2023

On such short notice, your only option is to try to file a pro se answer to the lawsuit. Good luck.

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3 Answers | Asked in Criminal Law for Texas on
Q: Does info from an informant give investigators probable cause to have someone pulled over and searched with no warrant

Investigators was following a friend due to info from informant. He called local police and told them to " find a reason to stop him". They did and searched the vehicle with no warrant and no consent cause the truck was not his to give consent to let them search. They found something he... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Mar 26, 2023

Texas courts require information from an such info to have sufficient indications of identity and reliability, if it is relied upon as the basis for probable cause to stop someone. They look at how much they know about the informant, the recency of the information provided, how detailed the info... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: How to file a motion to lower bond on Daniel Flanagan whom was just assigned Lucy Pierson as his defense attorney

How can we get this done today?

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Mar 25, 2023

His attorney would have to ask the court for a bond reduction. He will need to address the issue with his appointed counsel, or hire a new attorney.

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1 Answer | Asked in Criminal Law for Texas on
Q: Two cops came into our home and searched without warrant and took us both to jail for my meds and weed pipe. He on parol

They dropped my charges and we both had Sam charge. How can they drop mine and not his? He on parole. We didn't take a drug test and the cops had no right to enter our home. He still in jail for something he didn't do. He was on bed sick.

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Mar 16, 2023

Inmates released on parole sign “conditions of release” forms. One condition is that the parolee consents to having his residence or any property under his control searched - WITHOUT a warrant.

That being said, he may still have defenses to any criminal charges, or to the revocation of...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can the state pick up a larceny charge if the object that was stolen was a customers purse from a waffle house
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Mar 11, 2023

Its all called “theft” under Texas law…but, yes. Theft of items up to $2500 is a misdemeanor, but if it is a theft “from a person” its a state jail felony (like if the person is holding the purse). Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: Can I ask a judge for leniency on behalf of my fiance because he takes care of me because I have heart failure?

I met my fiance in Iowa and he had an active warrant in Texas. He has been arrested in Iowa and is being held for extradition back to Texas. I was diagnosed with congestive heart failure shortly before I met my fiance and ever since we have been together for the past year he has taken care of me... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Mar 6, 2023

I do not know the status of the charges (is he on probation? On parole? Is there an open case?)….BUT, regardless, facts and circumstances like the ones you describe are helpful mitigation evidence - evidence that would tend to reduce the punishment - if a Judge or Jury will assess punishment.... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Can I be charged with possession of a controlled substance if it was in the trunk of someone else’s car in a iPhone box

My daughters car was parked and no one was in the car the police came because of somebody who was helping us move they searched the vehicle and they found a iPhone box and it had drugs in it because I had a iPhone they charged me even though my daughter and me both said it wasn’t ours and it was... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Dec 31, 2022

Yes - if you are not guilty, then plead not guilty and hire an attorney. They must prove you intentionally and knowingly exercised care, custody, control or management of the controlled substance - beyond a reasonable doubt, in order to convict you of possession. The viability of your defense is... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: I’m a combat veteran that feels like I have been railroaded in tx. Inadequate representation

Never saw one single bit of evidence against me. Gave my attorney information that would have changed my decisions to a more favorable outcome and he lied made false statements to me while intimidating me into a plea for things I didn’t do

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

If you were not guilty, you should not have plead guilty. By pleading guilty, your ability to appeal is extremely limited. As long as you were competent, knowingly, and voluntarily made, it will not be reversed.

Your guilty plea will not be undone because you “did not see one single bit...
Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What's the best way to prove police harassment and can I file a lawsuit myself against a game warden for harassment
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Dec 4, 2022

If you can afford to hire an attorney, thats the best way to try and prove it. Expect to pay a retainer - unless you have significant and measurable damages, an attorney won’t take your case for free (on a contingency fee, where they get paid in the end, only if you do…). You absolutely can... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If I have a assault charge but completed deferred adjudication making it into a misdemeanor will I pass a background

I completed probation and also wanna know if I can get that charge expunged

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Oct 4, 2022

No. You only can get a charge expunged if it was dismissed without probation / deferred adjudication supervision, or, you were found not guilty at trial.

However, you might qualify for an order of nondisclosure - sealing the offense from public disclosure. Some offenses require a waiting...
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2 Answers | Asked in Criminal Law for Texas on
Q: Prosecutor saying he going to indict for second degree assault public servant.Is this a second degree felony?

Have been told that law has changed on assault public servant in Texas.Also body cam shows person kicking but don't show actually officer being kicked in jaw as he claims.Is it a weak case to take in front of jury trial for prosecutor?

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Sep 28, 2022

Assaut on a public servant is a 3rd degree felony (2-10 yrs TDCJ) unless theres an allegation of serious bodily injury, use or exhibition of a weapon (then it jumps up to a 1st degree felony, 5-99yrs TDCJ).

These types of cases are prosecuted zealously. Make sure you have a lawyer you...
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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 »

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