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2 Answers | Asked in Criminal Law for Texas on
Q: Misdemeanor criminal mischief charge: time served issue during TDCJ incarceration.

I am facing a misdemeanor criminal mischief charge for throwing a rock at someone's windshield. I was arrested for this charge before being incarcerated in TDCJ for an unrelated matter. During the time of my court date for the criminal mischief charge, I was in TDCJ. However, the DA is... View More

Benjamin Michael
Benjamin Michael
answered on May 1, 2025

First, do not do anything until you speak with a lawyer. Time served is not a given, it's simply one of many things a lawyer can argue for in a negotiation with a prosecutor.

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3 Answers | Asked in Criminal Law, Constitutional Law and Traffic Tickets for Texas on
Q: Was it a legal traffic stop when I was contacted after leaving my vehicle due to expired registration and subsequently arrested for a traffic warrant without being read my rights in Texas?

A month ago, I was contacted by law enforcement on private property after I had shut off my vehicle and exited it. The officer did not attempt to conduct a traffic stop while my vehicle was running and only turned on his lights after I was already walking up my friend's driveway. The reason... View More

Benjamin Michael
Benjamin Michael
answered on May 1, 2025

It's a misconception that you need to be read your rights before arrested. Rather, you need to be read your rights before you are in custody and being interrogated. Additionally, just because you left the car before he approached you is irrelevant. An expired registration is more than... View More

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