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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law for Texas on
Q: Can they press charges? What can we do?

so my boyfriend and I were involved in a hit-and-run about 2 weeks ago. Today my boyfriend was on the Highway and saw a the same car with side damage and was reckless driving no license plate my boyfriend called 911 and told them they had an office come and pull my boyfriend and the car over. The... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 1, 2020

Criminal cases are between the state government and the defendant. The people in the other car are witnesses and so are the responding officers. If you were in the car at the time then you are also a witness. We say a witness is "pressing charges" when she agrees to cooperate with the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My friend has been wrongfully accused of a crime he didn't commit. What does he need to do to fight it?
Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 1, 2020

Your friend should schedule a private consultation with a local criminal defense attorney who takes cases involving the specific crime that your friend is accused of committing. Anyone can be accused of a crime, but that does not mean the prosecution will be able to prove every element of the... Read more »

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: He went to the Phoenix house so she wants to come out and have do parole but it's been 12 years

They never sent paperwork to court and did give no record.So she could have her own record that she done the service

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 1, 2020

There are not enough details in this inquiry for me to determine your specific question. Please re-post with all the necessary information, including at least one clearly defined question.

1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and DUI / DWI for Texas on
Q: My wife was arrested and charged with Intoxication Assault w Serious Bodily Injury (a 3rd degree felony).

Her lawyer advised it would be better to plea to Agg Assault w/ Deadly Weapon (a 2nd degree felony). Is there any sense to pleading to a higher degree felony? Probation is offered in both cases by the prosecutor.

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

As a general rule, a second-degree felony is more serious than a third degree. However, nobody on this forum is in any position to second guess your wife's attorney. There are reasons why this could make sense, so your wife should simply ask her attorney for an explanation.

For...
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1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: My wife moved to P.R. with my daughter violating the geographic restriction

I was arrested on Mother’s Day for domestic violence, my ex told the police I hurt my daughter. The case was no billed. July she moved to Puerto Rico while our divorce was pending. We got it finalized in August. She suppose to have brought my daughter back to the states so I filed for... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

Ask your family law attorney here in Texas if you should consult a family law attorney in Puerto Rico.

1 Answer | Asked in Domestic Violence for Texas on
Q: i was the victim of domestic violence, i am listed as the victim on the police report, but my ex girlfriend

i was the victim of domestic violence, i am listed as the victim on the police report, but my ex girlfriend was granted the protective order before i was she left me bodily injury 4 cuts along my arm and im trying to find out what my options are, and the detectives havent opened the case yet.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

You could apply for a Family Violence protective order against her but that's probably not the best use of your time and money unless you've got plenty of both.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Does the law state if/for how long that a police officer can follow you in their car while I'm walking without consent

I was just getting off the bus and my connection bus was about 8 min from arrival. I wanted to buy some cigarettes and there was a CVS and Walgreens across the street. I couldn't remember which of the two stores stop selling tobacco so I went to the nearest one, CVS. Just as I was entering... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

That sounds annoying but it does not seem like a crime. Perhaps if it happened multiple times it could be viewed as the offense of Stalking (Texas Penal Code Sec. 42.072), but I doubt any prosecutor would go after anyone for Stalking if the behavior was limited to public places where he had a... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Traffic Tickets for Texas on
Q: I got a letter in the mail for a warrant I never knew about. It was for not fixing something on a house I do not own.

Court says they sent a ticket for not fixing a pipe on a house and I didn't show up. I never got the ticket nor do I own the property and cannot afford an attorney. My question is, don't I have to be physically served or notified? They claim they sent a letter but I never got it.

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 22, 2020

That seems like a frustrating situation. Do you have a specific question about dealing with the warrant?

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: A friend has been charged with aggravated Kidnapping involving a victim being murdered. This is his first time offense

At the moment he’s only being charged with aggravated kidnapping however one of the victims was murdered during the kidnapping what is the ideal sentencing if found guilty

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 22, 2020

Murder during Kidnapping is one of the ways to commit the offense of Capital Murder. So, if they actually charge him with that and win a conviction, the only possible sentences are Life Without Parole or Death. An exception is if he was age 17 or younger at the time of the offense, in which case... Read more »

2 Answers | Asked in Wrongful Death and Criminal Law for Texas on
Q: My mom was robbed, had serious injury. In hospital over 1 month, and took out to Nursing home but died in N.Home. Help m

My mother was robbed, 8/2020, had had serious injury on the head and was taken to Hospital. She got better day by day, and 9/18/2020 she was moved out to Nursing Home in the afternoon. But around 2am in the next day(just only 8 hours) someone in Nursing Home call my Uncle to tell that my mom had... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 19, 2020

You can focus on finding a civil attorney for the wrongful death / personal injury case. Just let the county District Attorney's office know that your mother passed away. That office will handle the Robbery case. You don't need a private attorney to prosecute the criminal case.

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1 Answer | Asked in Criminal Law for Texas on
Q: A felon gets arrested charged with attempting to tamper w/evidence. How long do they have to indict. He was arrested

almost 9 months ago. They say the will drop charges. So I guess I have two questions can parole revoke him or do they have to reinstate???

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 16, 2020

The prosecution will be barred if formal charges are not filed within the limitations period. Attempted Tampering is a state jail felony for destroyed evidence and a class B misdemeanor for fake created evidence (criminal attempt is one step lower than the attempted offense.) The limitations... Read more »

1 Answer | Asked in Criminal Law and Internet Law for Texas on
Q: Is it against the law to hack into someone's snapchat account & save their nudes?

After this person hacked the account & saved the nudes they could, they texted the account owner off a fake number holding the account ransom because they wanted the code to the "My eyes only" folder. They said they'd only give the account back if they got the code to the rest of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 16, 2020

Yes, very illegal. The offense of Breach of Computer Security (33.02) by accessing the account without the consent of the owner. The level of this offense depends on the amount of monetary damage caused or threatened.

The offense of Electronic Access Interference (33.022) was committed if...
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2 Answers | Asked in Criminal Law for Texas on
Q: A person involved in CPS was charged with child endangerment. Her lawyer use to work for cps, defending them in court!

Conflict of interest??

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 13, 2020

I'm not 100% clear on your description of the relationships but it is probably not a conflict. The most on-point rule is probably 1.10 of the Texas Disciplinary Rules of Professional Conduct but also pay attention to Rule 1.06.

So with regard to 1.10, consider that a bunch of criminal...
Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: This teddy b person now has a face and name and his story doesn’t line up with the deceased witness. He stating that
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 13, 2020

Do you have a question about a Criminal Law matter in Texas?

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3 Answers | Asked in Criminal Law for Texas on
Q: How can I file a motion to quash an indictment in texas based on the police report was not filed in time
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 12, 2020

Quashing an indictment based on when a police report was filed is like changing the oil filter on a horse. It is a matter best left to the experts. Hire a local criminal defense attorney.

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1 Answer | Asked in Criminal Law for Texas on
Q: How can I get an dismissed family assault charge concealed or expunged?
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 9, 2020

The case will become eligible for expunction when the period specified by the statute of limitations passes, but only if no convictions for ANY offense resulted out of the arrest and there was no probation or deferred adjudication. The limitation period is two years on a misdemeanor and three... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I was recently engaged and I think my fiancé drugged me while he was staying at my house on a Saturday night.

The next day he took off in a big hurry when I started to wake up. I didn’t know what had happened at all. I just remember going to bed and when I woke up my bedding was everywhere in the room I felt like I had a horrible hangover although I had not drank. I filed a report with the police, they... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 9, 2020

If he sends multiple messages after you ask him to stop that can meet the criminal definition of Harassment. If he commits Harassment on multiple occasions that could satisfy the defition of Stalking, which would allow you to seek a lifetime protective order. I'm not sure the DA's... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Continuous family violence can the victim get any charges for continuously allowing the situation to happen?

My brother is facing 25 to life and i find it unfair that his girlfriend doesnt get any charges. She would show up at my moms doorstep the day after calling the police asking for my brother and theyd be back together until the next time an argument occured

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 7, 2020

The girlfriend would not be prosecuted for "allowing" herself to be victimized. Forgiving someone is not a crime.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Land Use & Zoning for Texas on
Q: Can I walk my dog in a gated community that is at the end of my street if someone gave me the code to get inside?

There is a gated community at the end of my street. One day I went inside as my package was delivered to someone inside the gated community. I found a beautiful trail around lakes with waterfalls, and I began taking my dog in there for walks. I met another dog walker that gave me the code to get... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 5, 2020

That dude sounds like a creep but legally he has a point. Just because a person invites you into their home or onto their property once doesn't mean you forever have a standing invitation to enter whenever you feel the urge.

2 Answers | Asked in Criminal Law for Texas on
Q: have old warrants want dismissed just got out of prison for 5 years.

Trying to get my license back

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 5, 2020

Hire a criminal defense attorney in the county where the warrants were issued.

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