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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Domestic Violence for Texas on
Q: An ex-girlfriend is making allegations that I had sexual relations with one of her friends which is completely false.

She harasses me by phone and leaves threatening voicemails with lots of profanity. I have not made any attempts to make contact with her. Should I?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

Who cares if you had sex with her friend? That isn't illegal. If you don't want anything to do with her then you should probably just block her on your phone and on social media.

If it becomes unbearable then you could call law enforcement on the non-emergency number and ask for...
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1 Answer | Asked in Criminal Law for Texas on
Q: I am from Kilgore Texas and I have been charged with tampering with evidence And Possion.

Police video shows no evidence that I tampered with anything police are heard saying they saw me. Gregg county prosecutor is wanting to enhancey charges to 5yrs tdc and 15months state jail due to time spent in federal in Kentucky 30yrs ago and for 1yr state jail time served 12yrs ago. Is this legal

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

Cops add tampering charges in drug cases when they believe the suspect tried to drop, destroy, or otherwise hide the drugs to they wouldn't be found. You can read the exact text of the law in chapter 37 of the Penal Code here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.37.htm#37.09... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Criminal Law and Traffic Tickets for Texas on
Q: If proof of insurance was provided to the court do they verify it?

If someone received a ticker for Financial Responsibility (No Insurance) and they showed the court they had a policy during the date of ticket is the case dismissed immediately or is the insurance policy verified? Not speaking of fake insurance but if you can't remember if it was cancelled or... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

They will probably verify it unless someone is being lazy.

1 Answer | Asked in Criminal Law for Texas on
Q: I am CHARGED with poss control sub over 4 under 200grams of methamphetamine. I now see where there was a REQUEST OF

Notice with intent to offer extraneous conduct filed on my case ? I'm not sure what that means or why would the court or an attorney file that?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

Rule 404(b) of the Texas Rules of Evidence says that you can get advance notice if the prosecution intends to use character evidence like prior convictions or bad acts by the defendant to show things like motive, opportunity, intent, absence of mistake, lack of accident, etc.

For example,...
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1 Answer | Asked in Criminal Law for Texas on
Q: Hi need help dont need or want to go to jail first assault charge what is my outcome
Kiele Linroth Pace
Kiele Linroth Pace answered on May 4, 2021

Nobody can see the future outcome. The maximum penalty for a class C assault is a fine and no jail time. The maximum penalty for an aggravated assault is life in prison. What happens in your case will depend on three things: the level of the assault, the quality of the prosecution's... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: I’m just now being arraigned in June for a charge I was unaware of issued in early 2019. Is this a due process issue?
Kiele Linroth Pace
Kiele Linroth Pace answered on May 3, 2021

This isn't a D-I-Y project. To get anywhere with a delay-based argument you are going to need a criminal defense attorney and not just a cheap plea broker.

Focus your research on Due Process issues for a pre-indictment delay between the date of the alleged offense and the filing of...
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2 Answers | Asked in Criminal Law for Texas on
Q: What is the process for obtaining a subpoena duces tecum for a probation officer in an MTR proceeding?

The probation office is literally across the hall from the District Clerk's office. Is it really necessary to pay $150+ to have the officer served by a sheriff's deputy or is there a different process for court officials?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

As a practical matter, if they are being jerks about it you might check with the Constable's office.

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1 Answer | Asked in Consumer Law, Banking and Domestic Violence for Texas on
Q: someone gives a car 2 u, permanently, what must they legally do? Father gave 2000 suburban 2004. Need title 2 insure

Since I got a protective order against son (stalking, drug charges, child abuse) his father helping by leaving me unable to drive even this vehicle I rebuilt all year. My ex took the Denali, trying to put me and children on the street.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

This question is tagged for both Georgia and Texas. I don't know anything about Georgia, but in Texas, the proper method to give a vehicle as a gift requires both the Giver and the Recipient to sign an "Affidavit of Motor Vehicle Gift Transfer" and an "Application for Texas... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If you plead guilty to an agg assault-deadly weapon, is this considered felony offense conviction of moral turpitude?

In our state, if you have a felony offense conviction of moral turpitude, you cannot be serving as Board of Director of an association. I know one of our Board of Directors has plead guilty to Aggravated Assault using a deadly weapon by... From court records: intentionally and knowingly threaten,... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

Moral turpitude is an old concept and there isn't a definitive list of offenses that always qualify for every purpose and in every jurisdiction. Instead, what you will see is a court case where one side wanted to introduce a prior bad act of the other side into evidence and the judge had to... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Fiancé was arrested wrong warrant number Bond is showing wrong year

fiancé was arrested year ago charge wth 2 feloniesOne hydraco pill was his prescrption A morphine patch that was in his moms vehicle the patch belonged to her dyeing sister in which she passed away a month later. His mother had taken her to get the script the day before and had dropped one in the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

No, the prosecutor is not required to dismiss the case. He or she can seek a conviction if they believe it is in the interest of justice. The answers to your other questions should come from his criminal defense attorney because that is the only person who has the facts. If your fiancé is on... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: I had my bond revoked and a warrant for almost a year juDge cleared it today. Would he clear knowing

Send me to jail soon. Lift the warrants and o didn’t have to appear. I have theee felony cases. Prior ten years ago in another age.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

Have a private conversation with your criminal defense attorney about the current status of your cases.

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1 Answer | Asked in Domestic Violence, Sexual Harassment and Civil Litigation for Texas on
Q: I received a sexually explicit video against my will and consent. What can I do to pursue the sender?

I was in a highly abusive relationship with a mentally unstable woman (wasn’t aware of her issues at the time).

One day she threatened to show me a video of her and a former sexual partner.

I refused and she caused a huge fight where she attempted to assault me, and we both ended... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

Just delete her messages and block her on all platforms. Trying to make a legal case out of something like that will only prolong your misery.

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Texas on
Q: I was attacked in my hotel room after door busted in and my child kidnapped the suspect went to jail yet Cps came

Why would Cps have the right to take my child if we were the victims and what can I do

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

It is your responsibility to keep your child safe. CPS might be concerned that you exposed the child to unsafe people. Hire a local family law attorney with experience actually fighting CPS... you might not want an attorney with only "Ad Litem" experience who will be too conciliatory... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: My appeal been denied, can I take my case back to trial still?
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

No, the best time to dispute the facts of the case is before you are convicted or take a plea.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: What options exist when TRAP Rule 25.2(a)(2)(d) requires a case be dismissed but the CoA issues a mandate anyway?

The verdict was affirmed by the CoA, so it would be to the Defendant’s advantage to void the appeal. Mandate issued 3 or so years ago. Is there an option for addressing the issue besides a habeas writ?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

This doesn't slant the way you seem to think it does. The rule says: "If the defendant is the appellant, the record must include the trial court’s certification of the defendant’s right of appeal [...] The appeal must be dismissed if a certification that shows the... Read more »

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Health Care Law for Texas on
Q: Your legal Rights have been taken away by state and Federal laws paid for by large corporations?

I went to Ask for Help with a Legal Firm about A Case regarding My Health and Access to my Personal Medical Records!

I explain my case to the Lawyer assistant and a couple days later I Got a Letter Citating this on The Information!

"You have a Case and is known as statues of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

The statute of limitations is a deadline to start a case or forever lose the right to start. It makes it so someone can't bring a case against you for something that happened a long time ago. You can get a general idea about by reading the Wikipedia page but for specifics, you'll need... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: A Potential Witness or Person of interest Has or Had Previously been Romantic involved with the Defendant

An is a key Witness in his or her Case, An is ask too be called on too TESTIFY in it! What's is that called...

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

When an attorney wants a court order for a witness to testify they get a "subpoena" and if they want the person to bring documents or other evidence it is called a "subpoena duces tecum."

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Business Law for Texas on
Q: What would be the best route to take?

I am the director of a dance team, and we have a couple of trips planned for competitions and other things. They would travel by bus, and I was trying to figure out what I needed to do to make sure that I wasn’t held liable if anything happens during the travel. The dance team is not under a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

This question should be answered by an attorney who practices civil law. The criminal courts should not be involved for situations like bus crashes or injuries.

I assume you are not asking about crimes unless there is something really bad going on... like child abuse... in which case you...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: In Texas do I have to completely drop my pants to do a drug test for probation? I used to just unzip my pants.

I used to just unzip my pants and pee. Now I’m being asked to completely drop my pants and expose everything. I refused to test because I felt extremely uncomfortable but I’m not worried about failing at all. I contacted my probation officer immediately after but haven’t heard back yet but... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

It is not illegal to drop your pants to do a drug test. The crimes related to exposing your private areas are limited to doing that in public. If you feel uncomfortable, you might ask if they would be willing to do a hair drug test instead. It is my understanding that a hair test can detect drug... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How do I know if an arrest warrant is good only for the state it was issued in?

I wanted to know if my arrest warrant is only for texas because it states that any peace officer in the state of texas can arrest me.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

There is an agreement between the states to arrest and extradite on felony warrants. Misdemeanor warrants are more likely to be only within a state.

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