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Questions Answered by Tristan Nicolas LeGrande
1 Answer | Asked in Criminal Law for Texas on
Q: I discharge my parole on 2 2 24 but I haven't been reporting for a month or so a p.o went to my address for me to go u.

Should I go or will a be arrested for the failure of reporting and payments

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jan 24, 2024

If you violate the terms and conditions of your release, like for example: not reporting, a motion to revoke parole can be filed. Once it is filed, your parole is on hold until the MTR is resolved. The "blue" warrant issued when the MTR is filed is not publicly accessible, but your parole... View More

2 Answers | Asked in Criminal Law for Texas on
Q: where can I find any cases where a motion to suppress was won using Gov. Abbott wavier to car registration during Covid

I was pulled over for an expired registration but, it was during Covid and we didn’t have to register our car because of the Gov’s waiver during a state of emergency. I was arrested for something found in the car after I got pulled over.

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 10, 2023

Its just not that simple to suppress evidence. If you want to actually accomplish suppression of evidence, I strongly encourage you to hire an attorney.

But here you go:

https://guides.sll.texas.gov/covid-19/id-vehicle-registration

The registration requirement was only was...
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1 Answer | Asked in Criminal Law for Texas on
Q: How do you ask for an immediate private meeting with the judge, opposing counsel and your lawyer?

This is to discuss sensitive matters outside the public courtroom

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

The courts are open to the public. See Article 1, Section 13 of the Texas Constitution. Just because something is sensitive or personal does not mean you have a right to a private hearing with the Judge and the lawyers. The lawyers and Judge might, in some circumstances, have a conference in the... View More

1 Answer | Asked in Criminal Law for Texas on
Q: is it legal for a cop to state he can drop a felony with given information about other people but then doesn’t

i got charged with a less then 1 gram thc concentrate, texas he also said when we were walking to the cop car if anyone ask don’t say nothing about the conversation and say i was getting a hard talking about how i need to change my life basically

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

The police can lie to you. The only small caveat would be that they can’t deceive you regarding your constitutional rights (to an attorney, to remain silent, etc)

That is why defense attorneys are always pleading with their clients to remain silent. Don’t make any statement or answer...
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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... View 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... View More

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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 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... View 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.... View 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... View 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... View 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...
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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... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is it against the forth amendment to take UA while on parole
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Apr 11, 2023

No. The 4th amendment prohibits unreasonable search and seizure. Urinalysis as a condition of supervised release on parole does not qualify.

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... View 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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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: 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 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... View 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... View 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.

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