Questions Answered by Kiele Linroth Pace
Q: Unlawfully Carrying a Firearm
Kiele Linroth Pace's answer
Can the indictment allege a different set of facts other than what is sworn to in an officer affidavit? Yes. Assuming they get it past a grand jury, an indictment could allege that you assaulted the Tooth Fairy. Whether the indictment survives a motion to quash and whether the prosecution can prove their case beyond a reasonable doubt ... those are probably he real questions you should be discussing privately with your criminal defense attorney..
Can the indictment allege a different set of facts other than what is sworn to in an officer affidavit? Yes. Assuming they get it past a grand jury, an indictment could allege that you assaulted the Tooth Fairy. Whether the indictment survives a motion to quash and whether the prosecution can prove their case beyond a reasonable doubt ... those are probably he real questions you should be discussing privately with your criminal defense attorney..
Q: Can they charge me with a possession of marijuana if i call the cops for a breaking and entering?
Kiele Linroth Pace's answer
They *could* charge you with assaulting the Tooth Fairy! The real question is whether they will have enough admissible evidence to prove every element of the offense beyond a reasonable doubt.
If you invited them into your home to investigate one crime, but they found evidence of a different crime, then the question is whether the evidence is admissible. Did you invite them to look at the busted door frame and instead they looked in your sock drawer? Don't answer on this public...
They *could* charge you with assaulting the Tooth Fairy! The real question is whether they will have enough admissible evidence to prove every element of the offense beyond a reasonable doubt.
If you invited them into your home to investigate one crime, but they found evidence of a different crime, then the question is whether the evidence is admissible. Did you invite them to look at the busted door frame and instead they looked in your sock drawer? Don't answer on this public...
Q: Police say drug found in plain view but I was not charged with anything related to the drug upon arrest?
Kiele Linroth Pace's answer
Without looking at the evidence, no attorney can give you anything more than a guess. Your current attorney can't share the evidence with anyone who is not on the defense team. Therefore, you can't get a REAL second opinion like you could with a medical diagnosis unless you HIRE another attorney... all you can get is a guess.
Without looking at the evidence, no attorney can give you anything more than a guess. Your current attorney can't share the evidence with anyone who is not on the defense team. Therefore, you can't get a REAL second opinion like you could with a medical diagnosis unless you HIRE another attorney... all you can get is a guess.
Q: While I was out of town, my tenant took a purse of mine and pawned it at a pawn shop. I have proof, what can I do?
Kiele Linroth Pace's answer
Call the non-emergency number for the police if you live inside the city limits, otherwise call the Sheriff's department. Also go to the Justice of the Peace precinct for the address of the property and ask about how to legally do an eviction.
Call the non-emergency number for the police if you live inside the city limits, otherwise call the Sheriff's department. Also go to the Justice of the Peace precinct for the address of the property and ask about how to legally do an eviction.
Q: I was charged with the family violence girlfriend saying I hit her in the face and I did not Hit her
Kiele Linroth Pace's answer
Suppose that Joe shot Steve with a handgun. How do you think it would go for Joe if his argument was "I didn't hurt Steve, the bullet hurt Steve. I didn't even touch the bullet. All I did was squeeze the trigger. Don't blame me, blame the bullet!"
If you intentionally, knowingly, or recklessly hit the sun visor, which caused the sun visor to flip up and hurt her, then you committed assault.
It sounds like the more serious accusations are that you pulled her hair and hit...
Suppose that Joe shot Steve with a handgun. How do you think it would go for Joe if his argument was "I didn't hurt Steve, the bullet hurt Steve. I didn't even touch the bullet. All I did was squeeze the trigger. Don't blame me, blame the bullet!"
If you intentionally, knowingly, or recklessly hit the sun visor, which caused the sun visor to flip up and hurt her, then you committed assault.
It sounds like the more serious accusations are that you pulled her hair and hit...
Q: I completed 10 years deferred adjudication for aggravated assault with a deadly weapon, can I ever get LTC?
Kiele Linroth Pace's answer
Not under current law because the definition of "conviction" in the LTC code includes deferred adjudication and the expiration of that status after 10 years excludes felony offenses against persons (title 5 penal code.)
Deferred adjudication does NOT count as a conviction if it is sealed by an order of nondisclosure. You are only eligible to pursue an order of nondisclosure if:
1. Five years have passes since the successful termination of felony deferred adjudication...
Not under current law because the definition of "conviction" in the LTC code includes deferred adjudication and the expiration of that status after 10 years excludes felony offenses against persons (title 5 penal code.)
Deferred adjudication does NOT count as a conviction if it is sealed by an order of nondisclosure. You are only eligible to pursue an order of nondisclosure if:
1. Five years have passes since the successful termination of felony deferred adjudication...
Q: Can an acquitted and expunged case be used against you in a new criminal trial on a different charge?
Kiele Linroth Pace's answer
If the prosecutor knowingly used expunged records to get a Grand Jury indictment then she probably committed at least one crime.*
HOWEVER, this does not necessarily help your case. Even if the indictment is quashed and the current prosecutor is recused, the chances are high that a new prosecutor will get a new indictment from a new grand jury. The new prosecutor might even be worse than the old one. For example, the new prosecutor might be looking to avenge her coworker's honor......
If the prosecutor knowingly used expunged records to get a Grand Jury indictment then she probably committed at least one crime.*
HOWEVER, this does not necessarily help your case. Even if the indictment is quashed and the current prosecutor is recused, the chances are high that a new prosecutor will get a new indictment from a new grand jury. The new prosecutor might even be worse than the old one. For example, the new prosecutor might be looking to avenge her coworker's honor......
Q: What is attempted theft?
Kiele Linroth Pace's answer
Attempted theft is pretty self-explanatory ... the defendant is accused of attempting to unlawfully appropriate property with intent to deprive the owner of property.
If you want to dive deeper than that, you'll need to study the definition of Theft in chapter 31 of the Texas Penal Code and then go to Chapter 15 for the specifics of Criminal Attempt.
Attempted theft is pretty self-explanatory ... the defendant is accused of attempting to unlawfully appropriate property with intent to deprive the owner of property.
If you want to dive deeper than that, you'll need to study the definition of Theft in chapter 31 of the Texas Penal Code and then go to Chapter 15 for the specifics of Criminal Attempt.
Q: There is no time limit on appeal..its people's lives..please tell me this is the case
Kiele Linroth Pace's answer
Of course there are time limits on appeals! There are way too many deadlines to discuss here but the Texas Rules of Appellate Procedure is full of time limits for each step in the process. There are rules for how to calculate the deadlines and which days count and which don't. There are even rules for everything and anything related to appeals... even rules about what size FONT to use! See TRAP 9.4(e)
That said, there are some cases in which an "extraordinary remedy" is available,...
Of course there are time limits on appeals! There are way too many deadlines to discuss here but the Texas Rules of Appellate Procedure is full of time limits for each step in the process. There are rules for how to calculate the deadlines and which days count and which don't. There are even rules for everything and anything related to appeals... even rules about what size FONT to use! See TRAP 9.4(e)
That said, there are some cases in which an "extraordinary remedy" is available,...
Q: i would like to know if i have a case for false arrest and false imprisoment
Kiele Linroth Pace's answer
Maybe, but your focus should not be on Criminal Defense attorneys. Instead, you should consult with an attorney in your area that takes federal Section 1983 civil rights cases. A civil rights attorney will be in a better position to evaluate whether or not your circumstances are serious enough to overcome sovereign immunity.
For more information, research the federal law named: 42 U.S. Code, Section 1983
Maybe, but your focus should not be on Criminal Defense attorneys. Instead, you should consult with an attorney in your area that takes federal Section 1983 civil rights cases. A civil rights attorney will be in a better position to evaluate whether or not your circumstances are serious enough to overcome sovereign immunity.
For more information, research the federal law named: 42 U.S. Code, Section 1983
Q: How strong of a case do I have when charging for criminal trespass and property damage(possibly criminal mischief)?
1 Answer
| Asked
in
Criminal Law, Real Estate Law and Civil Litigation
for
Texas
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Kiele Linroth Pace's answer
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
Q: Can a person that has press charges on someone and the state pick the case up file a motion for dismissal if its felony
Kiele Linroth Pace's answer
No. Only the prosecutor can dismiss a criminal case. The alleged victim can let the prosecutor know that they HOPE the case will be dismissed and/or that they don't want to testify in court.... but the decision about whether or not to dismiss belongs to the prosecutor, not the alleged victim.
No. Only the prosecutor can dismiss a criminal case. The alleged victim can let the prosecutor know that they HOPE the case will be dismissed and/or that they don't want to testify in court.... but the decision about whether or not to dismiss belongs to the prosecutor, not the alleged victim.
Q: Will I go to jail if I have unpaid traffic tickets and I want to file an assault?
Kiele Linroth Pace's answer
Maybe. Ignoring a traffic ticket can lead to a new Failure to Appear charge and an arrest warrant. A law enforcement officer may arrest person with an active warrant. However, as a matter of policy, some law enforcement agencies don't arrest on traffic warrants when a person is reporting a more serious crime.
Obviously, your safest path is to clear the warrant. Hire a local traffic ticket attorney if you are having anxiety about dealing with the tickets. Don't live in fear or...
Maybe. Ignoring a traffic ticket can lead to a new Failure to Appear charge and an arrest warrant. A law enforcement officer may arrest person with an active warrant. However, as a matter of policy, some law enforcement agencies don't arrest on traffic warrants when a person is reporting a more serious crime.
Obviously, your safest path is to clear the warrant. Hire a local traffic ticket attorney if you are having anxiety about dealing with the tickets. Don't live in fear or...
Q: How does one report abuse if the individual is over 18 but being abused by a parent? She is afraid to do it herself.
Kiele Linroth Pace's answer
Do you mean she is afraid to report it to the police?
Perhaps she can get help from the domestic violence hotline at 800−799−7233.
If the abused person is disabled you might be able to report it to Adult Protective Services.
Do you mean she is afraid to report it to the police?
Perhaps she can get help from the domestic violence hotline at 800−799−7233.
If the abused person is disabled you might be able to report it to Adult Protective Services.
Q: If a 17 year old wants to fight a 20 year old and it's mutual, will the 20yo get a charge?
Kiele Linroth Pace's answer
If a fight is reported to police, it is impossible to predict who will be arrested, if anyone. The law recognizes consent as a justification for assaultive contact. Some officers will let it go as "mutual combat", while others will arrest the person who threw the first punch, and others will arrest the winner of the fight and consider the person with the biggest injury to be the "victim."
A proper legal defense is expensive, even if you are innocent... so the best approach is to...
If a fight is reported to police, it is impossible to predict who will be arrested, if anyone. The law recognizes consent as a justification for assaultive contact. Some officers will let it go as "mutual combat", while others will arrest the person who threw the first punch, and others will arrest the winner of the fight and consider the person with the biggest injury to be the "victim."
A proper legal defense is expensive, even if you are innocent... so the best approach is to...
Q: Can they punish me for possession if its not on me or in my possession?
Kiele Linroth Pace's answer
Yes, you can be convicted for "constructive possession" even if they can't prove you had physical possession. You should hire a local criminal defense attorney to increase the chances for a positive outcome.
You can read more about the concept of constructive possession here: https://en.wikipedia.org/wiki/Constructive_possession
Yes, you can be convicted for "constructive possession" even if they can't prove you had physical possession. You should hire a local criminal defense attorney to increase the chances for a positive outcome.
You can read more about the concept of constructive possession here: https://en.wikipedia.org/wiki/Constructive_possession
Q: What are my rights a s victim as it relates to privacy? Are there laws that forbid businesses from giving my name out?
Kiele Linroth Pace's answer
There are limits to how certain information can be used by lawyers for advertising but criminal court records are generally public documents, and copies are available at the clerk's office at the courthouse. However, phone number of the victim may not be a part of the court file and, as far as reasonably practical, the address of the victim may not be a part of the court file except as necessary to identify the place of the crime.
There are a few other rights, especially for victims...
There are limits to how certain information can be used by lawyers for advertising but criminal court records are generally public documents, and copies are available at the clerk's office at the courthouse. However, phone number of the victim may not be a part of the court file and, as far as reasonably practical, the address of the victim may not be a part of the court file except as necessary to identify the place of the crime.
There are a few other rights, especially for victims...
Q: If a citizens arrest was not legally done by the law can you press charges against that person?
Kiele Linroth Pace's answer
It is not 100% clear from the question that the citizen's arrest was improper in this situation.
Texas Penal Code Sec. 9.51(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his...
It is not 100% clear from the question that the citizen's arrest was improper in this situation.
Texas Penal Code Sec. 9.51(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his...
Q: I came from india last Thu and was attacked by my husband on the same day he beat me and attacked me with knife I had to
Kiele Linroth Pace's answer
Maybe the General Consulate for India can help. There is an office in Houston, Texas.
http://cgihouston.gov.in/
Maybe the General Consulate for India can help. There is an office in Houston, Texas.
http://cgihouston.gov.in/
Q: I can't buy a weapon because of 2 domestic violence charges and no felony offenses is that legal they were misdaminors
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Domestic Violence
for
Texas
on
Answered on Nov 17, 2018
Answered on Nov 17, 2018
Kiele Linroth Pace's answer
If you have been convicted in any court of a misdemeanor crime of domestic violence then it is a violation of federal law for you to possess firearms or ammunition. US Code Title 18 Section 922(g)(9)
It is also a federal crime for a person to sell you a firearm (or even gift it to you) if they have reason to believe you have been convicted of a misdemeanor crime of domestic violence. US Code Title 18 Section 922(d)(9)
This law was passed in 1996 and its Constitutionality has...
If you have been convicted in any court of a misdemeanor crime of domestic violence then it is a violation of federal law for you to possess firearms or ammunition. US Code Title 18 Section 922(g)(9)
It is also a federal crime for a person to sell you a firearm (or even gift it to you) if they have reason to believe you have been convicted of a misdemeanor crime of domestic violence. US Code Title 18 Section 922(d)(9)
This law was passed in 1996 and its Constitutionality has...
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.
