Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Stephen A. Nicholas
1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: My gf brother is using illegal drugs in my house and won’t stop also has threatened to kill us if we got in the way

What can I do?

Stephen A. Nicholas
Stephen A. Nicholas
answered on Jan 14, 2024

So many questions for a seemingly simple situation. Assuming this is an adult, non-household resident, not living there with your GF, and your GF doesn't approve of his drug use; call the sheriff or local police agency so that they can assist you in removing this person and hear any threats... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I owned property and had tickets in my real name. I was set up for another crime and they arrested me under my stage nam

I was a property owner in a small County in Texas everyone knew me under my real name. After turning in a cop for sexually molesting me they raided my house and arrested me free charges under my stage name. Even with me fighting it they would not put my real name. They sent me to prison with no... View More

Stephen A. Nicholas
Stephen A. Nicholas
answered on Dec 1, 2022

I think you need to explore your situation with a lawyer that practices civil rights law. The criminal aspect of what happened is apparently concluded & I'm assuming you had a lawyer representing you to whom you posed these questions. Your overall question is somewhat confusing because you... View More

2 Answers | Asked in Criminal Law for Texas on
Q: What is the punishment for a stolen firearm in texas first offense
Stephen A. Nicholas
Stephen A. Nicholas
answered on Nov 13, 2022

Firearm theft in Texas is different than other theft classifications that are graduated by value of the item taken or if livestock, e.g., & states at the penalty level of a State Jail Felony. That range of punishment is 180 days to 2 years & up to a $10,000.00 fine. Community Supervision is... View More

View More Answers

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and White Collar Crime for Texas on
Q: How can I get a transcript of court proceedings in 1991 in Bell County Tx.? Also a copy of conviction in it's entirety i
Stephen A. Nicholas
Stephen A. Nicholas
answered on Sep 25, 2022

To obtain a transcript, contact the court reporter if the court in which the case was heard. That would be the starting point for the transcript. 31 years is a long time to retain a transcript, depending on the type of case & what happened in the case (appeals, etc.). A copy of the conviction,... View More

5 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I ask for my boyfriend not to be charged with domestic violence assault deadly weapon?

What if charges/warrant hasn’t been issued. I just don’t want to go through all the proceedings and want it to be over.

Stephen A. Nicholas
Stephen A. Nicholas
answered on Apr 14, 2022

Are you the complaining witness/"victim" in the case? If you are, then while you are under an obligation to tell the truth about what happened, police reports often vary from what actually happened, but you would be expected to be truthful in whatever you said actually happened. So,... View More

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I am on parole in a halfway house. They are locking us in our dorms. Is this legal? I am in Texas.

This halfway house is operated by core civic but over seen by the Texas Department of Criminal Justice and they try to run this place like we are still incarcerated.

Stephen A. Nicholas
Stephen A. Nicholas
answered on Aug 29, 2021

If its oversight is by TDCJ-ID, the halfway house operator, more likely than not, has to follow guidelines that TDCJ-ID issues. Are you in the process of being released on Parole from TDCJ-ID? It sounds like you have been released to a transitional type facility. If so, you have to follow their... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I’m on a pre trial diversion agreement. It’s states for me to do a 32hr class. But probation wants

Me to do a 36hr/18wk long BIPP Class. Probation says no 32hr BIPP class exist. Can they do that?

Stephen A. Nicholas
Stephen A. Nicholas
answered on Feb 18, 2021

I'm not sure where you are in Texas, but, in general, pretrial diversion, when the person qualifies and it's offered and you're in the program, is a gift that can be taken away for the slightest infraction or perceived infraction (from the viewpoint of the program leader). It's... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I want to get my TWIC card but denied because of a charge of terristic threat a class b misdemeanor

I need it for work

Stephen A. Nicholas
Stephen A. Nicholas
answered on Sep 15, 2020

This is not really a criminal law question as much as it is and administrative or employment law question; however, if the terroristic threats charge has not yet been resolved, then that would be the best place to start, since eliminating the case in a way that it could later be subject to... View More

3 Answers | Asked in Criminal Law for Texas on
Q: My boyfriend was charged with a gram of dabs and blamed for firearm that wasn’t his he turned himself in what happens
Stephen A. Nicholas
Stephen A. Nicholas
answered on Jul 22, 2020

I agree with the other answers and emphasize that he needs a criminal defense lawyer on board to help him through this situation. The court will appoint him one, if he is indigent. Best of Luck!

View More Answers

2 Answers | Asked in Tax Law for Texas on
Q: What are my options? What can I do?

I had a company send me a w-2 for 2019. I never worked for them that year. I did work for them the year before. The w-2 said I was paid just under $900.00. I never got any money. I think the boss used my info to get the money for himself.

Stephen A. Nicholas
Stephen A. Nicholas
answered on Jul 18, 2020

Not really a family law question but, my advice would be to call the company & ask why you were sent the w-2. Best of Luck!

View More Answers

3 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Miranda Rights read but person wasn't arrested.

How typical is it for a person's Miranda Rights to be read but then the person isn't arrested that day? The person was later arrested. Is this normal or does it have some other implication?

Stephen A. Nicholas
Stephen A. Nicholas
answered on Jul 8, 2020

Whether or not it's normal depends on the type of investigation being conducted. The purpose of "Miranda" is to warn the person, before they make any statements in response to police interrogation, the answers to which tend to be incriminating, that they have the right to not answer... View More

View More Answers

3 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: Should my son give a statement to investigator

So a month ago my 11 year old son exposed himself to a younger girl.we know it's not right CPS was called CPS closed out the case and he has been in therapy since then to try to figure out what happened it was completely unnormal for him to do this. However last week we got a call from an... View More

Stephen A. Nicholas
Stephen A. Nicholas
answered on Jul 6, 2020

There is nothing to be gained by bringing your son in for an interview with anyone about this situation, except the therapist; however, remember, what your son tells the therapist is not privileged and could be subpoenaed if there is a subsequent criminal type charge that stems from the... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.