Questions Answered by Kiele Linroth Pace
Q: Can a lawyer I fired file a motion in my criminal case 2 mths after fired? I told the judge by ltr 1 mth prior to motion
Kiele Linroth Pace's answer
Anyone could file anything into the public case file but they can't file on the defendant's behalf unless they actually represent the defendant in the case.
There should be a court order releasing your fired attorney. Simply telling the judge isn't enough. Many judges won't release an attorney until there is a different attorney ready to officially become your attorney of record. If the case is still pending and progressing, the judge may REQUIRE your fired attorney to do certain...
Anyone could file anything into the public case file but they can't file on the defendant's behalf unless they actually represent the defendant in the case.
There should be a court order releasing your fired attorney. Simply telling the judge isn't enough. Many judges won't release an attorney until there is a different attorney ready to officially become your attorney of record. If the case is still pending and progressing, the judge may REQUIRE your fired attorney to do certain...
Q: While getting a ride from a friend he had gotten pulled and i end up getting arrested for possession of a controlled sub
Kiele Linroth Pace's answer
I almost wonder if the word "citation" as used here does not refer to a traffic ticket but instead should be understood as "statutory citation" when means specifying the chapter and paragraph number of a law. In that context, the phrase "invalid statutory citation" sounds like an error message on a computer system.
Imagine a situation where the alleged offense was "Criminal Mischief" but the clerk accidentally typed Penal Code 27.03 instead of 28.03 as the specific chapter and...
I almost wonder if the word "citation" as used here does not refer to a traffic ticket but instead should be understood as "statutory citation" when means specifying the chapter and paragraph number of a law. In that context, the phrase "invalid statutory citation" sounds like an error message on a computer system.
Imagine a situation where the alleged offense was "Criminal Mischief" but the clerk accidentally typed Penal Code 27.03 instead of 28.03 as the specific chapter and...
Q: Is it legal for a bondsman to refer an attorney when both know the judge personally and they know the clients money amnt
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Legal Malpractice, Criminal Law and Gov & Administrative Law
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Texas
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Answered on Mar 8, 2019
Answered on Mar 8, 2019
Kiele Linroth Pace's answer
Was it just a friendly referral? If the attorney compensates the bondsman for the referral it might be the crime of "Barratry and Solicitation of Professional Employment" see Penal Code 38.12. If that happened then the client can void the contract with the attorney and file a lawsuit to recover the fee, if they win the can also recover a $10K penalty against the attorney that committed barratry plus that attorney has to pay the client's civil attorney... See Government Code section 82.0651.
Was it just a friendly referral? If the attorney compensates the bondsman for the referral it might be the crime of "Barratry and Solicitation of Professional Employment" see Penal Code 38.12. If that happened then the client can void the contract with the attorney and file a lawsuit to recover the fee, if they win the can also recover a $10K penalty against the attorney that committed barratry plus that attorney has to pay the client's civil attorney... See Government Code section 82.0651.
Q: We have been together for over 20 years. We have referred to eachother as "wife" and "husband" but we haven't had a
Kiele Linroth Pace's answer
The divorce part of the question should be answered by a Family Law attorney. If there has been physical violence that caused pain then you can go to the Travis County Attorney's Office (downtown at 11th and Guadalupe) and apply for a Family Violence protective order. At the end of the application process they will ask about the dog.
https://www.traviscountytx.gov/county-attorney/family-violence/obtaining-po
The divorce part of the question should be answered by a Family Law attorney. If there has been physical violence that caused pain then you can go to the Travis County Attorney's Office (downtown at 11th and Guadalupe) and apply for a Family Violence protective order. At the end of the application process they will ask about the dog.
https://www.traviscountytx.gov/county-attorney/family-violence/obtaining-po
Q: How to find out if someone's charge was lowered from a felony to a misdemeanor ?
Kiele Linroth Pace's answer
If the case is over, determine which county the felony case was filed in and examine the case file in the District Clerk's office for that county. Some clerks have a website with this type of information, others you'll need to call or visit in person.
If the case is still active/pending, ask a criminal defense attorney that practices in the county where the case was file because there may be an easier way to check status than going through the District Clerk's office.
If the case is over, determine which county the felony case was filed in and examine the case file in the District Clerk's office for that county. Some clerks have a website with this type of information, others you'll need to call or visit in person.
If the case is still active/pending, ask a criminal defense attorney that practices in the county where the case was file because there may be an easier way to check status than going through the District Clerk's office.
Q: Can an 18 years old male have sexual activities to a 16 year old girl? What is legality in terms of this in Texas?
Kiele Linroth Pace's answer
It depends on what exactly you mean by "sexual advances" but the potential offenses are Sexual Assault, Indecency with a Child, and Sexual Performance by a Child. You'll need to compare what actually happened to the definitions of those crimes in the Texas Penal Code to determine which, if any, apply to your specific situation.
If she consented then he may have an affirmative defense that he is less than 3 years older.
It depends on what exactly you mean by "sexual advances" but the potential offenses are Sexual Assault, Indecency with a Child, and Sexual Performance by a Child. You'll need to compare what actually happened to the definitions of those crimes in the Texas Penal Code to determine which, if any, apply to your specific situation.
If she consented then he may have an affirmative defense that he is less than 3 years older.
Q: Can you look up a prisoners court documents from 1995 online?
Kiele Linroth Pace's answer
The good news is that the court documents almost certainly still exist somewhere. Unfortunately, there is not a uniform system for obtaining copies of them. Some jurisdictions have court information online and others don't. You'll just have to check the jurisdiction where the case was filed to determine if you can get the information online or if you'll need to contact the clerk's office. It is probably best to CALL the clerk before making any significant travel in person because there is a...
The good news is that the court documents almost certainly still exist somewhere. Unfortunately, there is not a uniform system for obtaining copies of them. Some jurisdictions have court information online and others don't. You'll just have to check the jurisdiction where the case was filed to determine if you can get the information online or if you'll need to contact the clerk's office. It is probably best to CALL the clerk before making any significant travel in person because there is a...
Q: Is it illegal for someone to post your name and number online and solicit sex meet ups?
Kiele Linroth Pace's answer
There are several distinct ways to commit the crime of Harassment and this seems like it may fit one of the definitions. The full legal definition is in Chapter 42 of the Texas Penal Code so you'll have to compare the text of that statute to your situation to be certain that it fits.
Even if you are 100% sure it is Harassment, you still need to figure out WHO did it .... otherwise who could be charged with the crime? If changing your number worked to give you peace then it might be...
There are several distinct ways to commit the crime of Harassment and this seems like it may fit one of the definitions. The full legal definition is in Chapter 42 of the Texas Penal Code so you'll have to compare the text of that statute to your situation to be certain that it fits.
Even if you are 100% sure it is Harassment, you still need to figure out WHO did it .... otherwise who could be charged with the crime? If changing your number worked to give you peace then it might be...
Q: I went to jail on a ticket then got out had court date missed court am I gonna go to jail?
Kiele Linroth Pace's answer
Here in Austin, the municipal court does not arrest people on traffic warrants when they come in person to take care of business on those warrants. This is true even if the person is coming in to set up a payment plan to pay it off over time. To avoid going down there at all you could hire a traffic ticket attorney or make a payment online or by phone.
The question is filed under "Texas" but doesn't specify which city. If you are not in Austin then you'll need to get the answer from...
Here in Austin, the municipal court does not arrest people on traffic warrants when they come in person to take care of business on those warrants. This is true even if the person is coming in to set up a payment plan to pay it off over time. To avoid going down there at all you could hire a traffic ticket attorney or make a payment online or by phone.
The question is filed under "Texas" but doesn't specify which city. If you are not in Austin then you'll need to get the answer from...
Q: Does charging towards another person with a clenched fist constitute simple assault in Texas?
Kiele Linroth Pace's answer
It could be Assault by Threat.
You can read about the specifics of that offense here: https://www.pacefirm.com/faq/assault-by-threat.html
The Texas law on self defense allows the use of force when you reasonably believe force is immediately necessary to protect oneself from another person's use of unlawful force or attempted use of unlawful force. See Texas Penal Code 9.31 for the specifics.
Suppose a person who does not have a legal justification for shooting you...
It could be Assault by Threat.
You can read about the specifics of that offense here: https://www.pacefirm.com/faq/assault-by-threat.html
The Texas law on self defense allows the use of force when you reasonably believe force is immediately necessary to protect oneself from another person's use of unlawful force or attempted use of unlawful force. See Texas Penal Code 9.31 for the specifics.
Suppose a person who does not have a legal justification for shooting you...
Q: My motorcycle was stolen then recovered. The suspect has been arrested. Is it worth me finding a lawyer for help
Kiele Linroth Pace's answer
Suppose, for example, if you won a judgement of $1000 from a bum who lives under the bridge. Chances are you'll never see the money because the bum has no money. As the saying goes, "you can't squeeze blood from a turnip."
Do you imagine that a person who steals a motorcycle has money to pay for the damages? Probably not. As attorney Grant St. Julian III suggested, your best chances are by cooperating with the prosecutor and maybe getting something in the form of restitution or from...
Suppose, for example, if you won a judgement of $1000 from a bum who lives under the bridge. Chances are you'll never see the money because the bum has no money. As the saying goes, "you can't squeeze blood from a turnip."
Do you imagine that a person who steals a motorcycle has money to pay for the damages? Probably not. As attorney Grant St. Julian III suggested, your best chances are by cooperating with the prosecutor and maybe getting something in the form of restitution or from...
Q: Can a prior off my record charge when I was in foster care enhance current charge? Both same charge just 8 years apart
Kiele Linroth Pace's answer
I'm assuming the charge was Assault since this question is marked "domestic violence" and Assault is one where the level of the offense can be raised by a previous conviction. For example, the offense named "Assault Causing Bodily Injury - Family Violence" is a class A misdemeanor punishable by a maximum sentence of 1 year in county jail or 2 years probation. However, if the defendant has a previous conviction it can be filed as a third degree felony, punishable by up to 10 years in the...
I'm assuming the charge was Assault since this question is marked "domestic violence" and Assault is one where the level of the offense can be raised by a previous conviction. For example, the offense named "Assault Causing Bodily Injury - Family Violence" is a class A misdemeanor punishable by a maximum sentence of 1 year in county jail or 2 years probation. However, if the defendant has a previous conviction it can be filed as a third degree felony, punishable by up to 10 years in the...
Q: What are my chances of using multiple pieces of documented evidence & confession to have my case dismissed?
Kiele Linroth Pace's answer
Once your attorney has all the evidence, she will be able to evaluate the legality of the stop and the search. Perhaps there will be grounds to seek suppression of the evidence.
Even if the drugs belonged to someone else, it is legally possible for multiple people to be in "constructive possession" of the same contraband. Read up on the concept of constructive possession and then discuss the matter with your criminal defense attorney. It is dangerous to hang out with users, even if...
Once your attorney has all the evidence, she will be able to evaluate the legality of the stop and the search. Perhaps there will be grounds to seek suppression of the evidence.
Even if the drugs belonged to someone else, it is legally possible for multiple people to be in "constructive possession" of the same contraband. Read up on the concept of constructive possession and then discuss the matter with your criminal defense attorney. It is dangerous to hang out with users, even if...
Q: How can I get the attention of the Harris County DA when the Humblepolice department won’t file charges against someone
Kiele Linroth Pace's answer
You can't really force the police to do anything. If taking it to the prosecutors doesn't work, you could try the Constable's office. The county is split up into multiple precincts so look up the address where the violation occurred and contact the corresponding Constable. If you suspect crimes committed by an elected official or the police themselves then contact the Texas Rangers.
You can't really force the police to do anything. If taking it to the prosecutors doesn't work, you could try the Constable's office. The county is split up into multiple precincts so look up the address where the violation occurred and contact the corresponding Constable. If you suspect crimes committed by an elected official or the police themselves then contact the Texas Rangers.
Q: I lied on a police report what can I do to take it back
Kiele Linroth Pace's answer
You can't really "take it back" but you can tell them you lied. Be aware that, in a domestic violence case, they are likely to believe that you are lying about lying and that your first statement was true. Still, if you lied you need to come clean. It is possible that you might be charged with a crime for making a false report but that is not as bad as letting someone else be punished for something they didn't do.
You can't really "take it back" but you can tell them you lied. Be aware that, in a domestic violence case, they are likely to believe that you are lying about lying and that your first statement was true. Still, if you lied you need to come clean. It is possible that you might be charged with a crime for making a false report but that is not as bad as letting someone else be punished for something they didn't do.
Q: If an alleged crime happens in 1 county can a separate county charge
Kiele Linroth Pace's answer
There is a concept called "constructive possession" that will blow your mind. Basically, it means that you an be in possession even when somebody else actually HAS the contraband and that multiple people can be "in possession" of the same contraband.
To get from Houston County to Smith County by car you are probably going to drive through Cherokee County or Anderson County and you would be committing the crime in those counties too. Also, having two or more people involved could be...
There is a concept called "constructive possession" that will blow your mind. Basically, it means that you an be in possession even when somebody else actually HAS the contraband and that multiple people can be "in possession" of the same contraband.
To get from Houston County to Smith County by car you are probably going to drive through Cherokee County or Anderson County and you would be committing the crime in those counties too. Also, having two or more people involved could be...
Q: What do I do if I can’t afford an attorney
Kiele Linroth Pace's answer
Most counties in Texas don't have a formal Public Defender's Office, but they should have SOME method for assigning Court Appointed Attorneys to indigent defendants. You may be required to fill out some sort of application listing income and expenses and they may not agree about how much you can (or can not) actually afford.
Most counties in Texas don't have a formal Public Defender's Office, but they should have SOME method for assigning Court Appointed Attorneys to indigent defendants. You may be required to fill out some sort of application listing income and expenses and they may not agree about how much you can (or can not) actually afford.
Q: CAN I BE ARRESTED FOR NO LICENSE PLATE, NO INSPECTION STICKER AND DEFECTIVE EQUIPMENT IN TEXAS OR LOUISIANA?
Kiele Linroth Pace's answer
You can be arrested and taken to jail if the officer has probable cause to believe that you committed a crime for which the maximum penalty is a fine... in other words a crime for which jail is not a possible result.
See: Atwater v. City of Lago Vista 532 U.S. 318 (2001)
You can be arrested and taken to jail if the officer has probable cause to believe that you committed a crime for which the maximum penalty is a fine... in other words a crime for which jail is not a possible result.
See: Atwater v. City of Lago Vista 532 U.S. 318 (2001)
Q: Tx criminal procedure Sec 1 Art. 12.02 on misdemeanors does indictment to be presented within 2 years still apply?
Kiele Linroth Pace's answer
The statute of limitations will only help you if they failed to file the formal charging document. For a class C the formal charges could technically be in the form of an indictment, but that almost never happens. Class C cases are much more likely to be charged by Complaint or Information.
NOTE: The words "Complaint" and "Information" in this context do NOT mean the same thing as you would expect in everyday language. Those are the names of formal charging documents....
The statute of limitations will only help you if they failed to file the formal charging document. For a class C the formal charges could technically be in the form of an indictment, but that almost never happens. Class C cases are much more likely to be charged by Complaint or Information.
NOTE: The words "Complaint" and "Information" in this context do NOT mean the same thing as you would expect in everyday language. Those are the names of formal charging documents....
Q: Can I own a gun or handle a gun if I plead guilty to battery 10 years ago
Kiele Linroth Pace's answer
Maybe if it was a misdemeanor and the alleged victim was a stranger.
There was not a crime named "Battery" in Texas 10 years ago. In Texas it would be named "Assault" and there are both misdemeanor and felony versions.
Federal law says you may not EVER possess a firearm or ammunition if the case involved domestic violence. You lose your second amendment rights upon conviction of any offense, even a misdemeanor, that "has, as an element, the use or attempted use of physical...
Maybe if it was a misdemeanor and the alleged victim was a stranger.
There was not a crime named "Battery" in Texas 10 years ago. In Texas it would be named "Assault" and there are both misdemeanor and felony versions.
Federal law says you may not EVER possess a firearm or ammunition if the case involved domestic violence. You lose your second amendment rights upon conviction of any offense, even a misdemeanor, that "has, as an element, the use or attempted use of physical...
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