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Questions Answered by Kiele Linroth Pace

1 Answer | Asked in Domestic Violence for Texas on

Q: My girl friend and niebors made up a story that wasn't true and on the paper work it say's Alex kolster her name Alexand

The niebor asulted me she already had marks on her previous day befor

Kiele Linroth Pace answered on Jul 17, 2019

The most important thing is that the accusation is false. The preexisting injury might also be important. Whether the paper says Alex or Alexandra literally does not matter at all. Furthermore, focusing on a little typo instead of the facts could make you seem guilty... so don't do that!... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on

Q: 9 years ago I stole over 10,000. I just confessed to the owner seeking forgiveness. Can charges still be sought?

Kiele Linroth Pace answered on Jul 17, 2019

There are a couple of situations where a person can be charged with a theft from 9 years ago:

(A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor...
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3 Answers | Asked in Criminal Law and Probate for Texas on

Q: What's the best way about going to the stand on my 5th possesion pg1 charge in weatherford texas

Kiele Linroth Pace answered on Jul 17, 2019

Consult your attorney before attempting this route because sometimes they will try go the immunity route or other unexpected maneuver that can ruin your plan. It will be infinitely better for you if your attorney is there in person. She might even be able to prevent you taking the stand at all.

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3 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: My wife and I was arguing and My wife accidentally hit me with a shovel when she threw it out of frustration

I told the sgt that I didn’t want to press charges and he said he had to make a report or he could get in trouble and that the state could press charges if they saw fit but that isn’t what I would like it wasn’t on purpose

Kiele Linroth Pace answered on Jul 17, 2019

Assault Causing Bodily Injury can be committed RECKLESSLY but not NEGLIGENTLY.

Assault by Offensive Physical Contact can only be committed INTENTIONALLY or KNOWINGLY not recklessly or negligently.

The prosecution must prove EVERY ELEMENT of the offense beyond a reasonable...
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1 Answer | Asked in Criminal Law and Libel & Slander for Texas on

Q: I need adviced in how to advance in a matter. I am been defemated around my family by a niece . She's a known drug user.

My 17 year old niece is slandering me around the whole family. She has fabricated a false story that I am involved in an affair with my brother inlaw. This is not true. I currently Iive on my mother's home & so does my niece. Due to the false statements of my niece, I have been called names from... Read more »

Kiele Linroth Pace answered on Jul 13, 2019

You can't change other people.

Life is too short to put up with that nonsense.

Find a different place to live.

1 Answer | Asked in Animal / Dog Law and Domestic Violence for Texas on

Q: My Girlfriends mom could be going to jail for “abusing” her dog when it was abused by his previous owner

The dog was abused by his previous owner and they took care of him. Sadly he didn’t get any better and now they are trying to get her in jail for abusing the dog. They have clue where the actual owner is. Can they really put my girlfriends mom in jail for such accusation? Again, they payed for... Read more »

Kiele Linroth Pace answered on Jul 12, 2019

You can be arrested for assaulting the Tooth Fairy if an officer convinces a judge that there is "probable cause" to believe you did it. However, they would need proof "beyond a reasonable doubt" to actually win a conviction so if she fights the charge and tells her side she has a chance. If she... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Texas on

Q: Can a 17 year old face charges or get in trouble for leaving home and living with someone else?

If a 17 year old leaves home, can they be persecuted in Texas? If they are living in a non dangerous environment and the people they are living with are willing to take them in. Is there different laws for this in different towns in Texas?

Kiele Linroth Pace answered on Jul 12, 2019

The people the 17 year old is living with could be prosecuted for the crime of Harboring a Runaway Child.

See: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.06

1 Answer | Asked in Criminal Law for Texas on

Q: Could I have a lawyer send a letter on my behalf demanding payment for money owed to me? What is the process

Kiele Linroth Pace answered on Jul 12, 2019

Probably, but this question was posted under Criminal Law and you would need an attorney who practices Civil Law.

3 Answers | Asked in Family Law and Domestic Violence for Texas on

Q: How do I get my 21 yo daughter out of her dad's house w/her stuff safely?

He is very controlling and possibly violent as he was abusive to me when married. She says he has become unstable and she is afraid now. She wants out and needs help to move her things out. She knows that he would either break things, block her way or just become a "mess" so that she can't move... Read more »

Kiele Linroth Pace answered on Jul 12, 2019

If he physically hurt her or threatened to physically hurt her she could apply for a Family Violence Protective Order. If not, you might go to the precinct constable for the address and ask if you can hire them for a civil standby ... which basically means an officer is on scene to witness and... Read more »

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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: My son is 16 and we live in Texas and he assaulted me. If I press charges what happens?

Kiele Linroth Pace answered on Jul 1, 2019

You could report it to law enforcement, but they will decide whether or not to pursue the matter. However, you should be aware that you lose control of what happens when the state gets involved. Only the prosecutor can decide what punishment to seek and whether or not to drop charges. I guess I... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on

Q: I made the mistake of allowingmy ex fiance access to our daughter and since then he's refused to allow me to even speak

To her much less see her. He has been abusive in the past and I've never pressed charges becauseI loved him what canI do? He purposely causes emotional trauma in my daughter and doesn't properly care for her.

Kiele Linroth Pace answered on Jul 1, 2019

You should hire a local Family Law attorney to pursue a formal custody agreement.

2 Answers | Asked in Domestic Violence for Texas on

Q: I have been cohabiting with my fiancé with my kids for 3 yrs. He abused me now wants me out of our home. Filed a PO.

Can he kick me out?! He pays my car payment and tells me he’s not allowing me to take anything. Do I have any legal rights?

Kiele Linroth Pace answered on Jul 1, 2019

A home owner normally has to file a formal eviction lawsuit to compel an unwanted resident to move out, even if they don't have a lease. When justified, a protective order can accomplish the same goal and it can potentially happen much faster than an eviction. A non-owner resident is sometimes... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Texas on

Q: Does a 17 yo need to agree on charges that their parents are placing on someone else without the child wanting them to?

If the child (17) does not want those charges to be placed, does the parent have to have their child (17) agree to placing the charges? Or can the parent just place them regardless if their child (17) wants them or not?

Kiele Linroth Pace answered on Jun 29, 2019

Your parents can't PLACE charges on anyone... all they can do is report a crime and then law enforcement will decide what (if anything) to do about the situation.

1 Answer | Asked in Criminal Law for Texas on

Q: What steps can I take, your newly selected court appointed attorney does not return emails, or calls? A month

Month long problem

Kiele Linroth Pace answered on Jun 28, 2019

What steps can you take? You can't choose your court-appointed attorney. If you want choice you need to hire a private attorney. If think you can't afford it then sell something or ask friends and family for help.

When you rely on a court appointed attorney you are basically playing...
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1 Answer | Asked in Criminal Law for Texas on

Q: If I find a corpse in texas am i legally obligated to report it to the police or can someone else

Kiele Linroth Pace answered on Jun 28, 2019

Is this a homework question? Wait. Nevermind. Don't answer that. I don't want to know.

TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE

Penal Code Sec. 37.09(d)(2) [A person commits an offense if the person] observes a human corpse under circumstances in which a reasonable person...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on

Q: Iam trying to get a criminal sentance modification because she is a witness in the prosicutions behalf on another case

The laywer she will b testifing agaist is the lawyer i hired on her case iam asking for the modifacation how does that work out

Kiele Linroth Pace answered on Jun 28, 2019

You just need to make sure your attorney is aware of the contents of any potential testimony the inmate can provide. If the attorney believes that testimony is essential to the case, the attorney will request that the inmate witness be brought to court to testify at trial. No sentence... Read more »

2 Answers | Asked in Criminal Law for Texas on

Q: What if you thought your spouse grabbed you. And it was a large treadmill in the dark garage. Now your spouse is charged

With assualt with bodily injury. How do you fix this

Kiele Linroth Pace answered on Jun 28, 2019

You've lost control of the situation now that the government is involved. The alleged victim in an assault can (and perhaps should) provide their opinion, but only the prosecutor can dismiss the case at this point. It is quite common for the alleged victim to recant an accusation of assault, and... Read more »

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1 Answer | Asked in Criminal Law and White Collar Crime for Texas on

Q: Can i as a defendant file a motion on my own criminal case, or my attorney only has authorization to do so?

Kiele Linroth Pace answered on Jun 25, 2019

If you don't trust your lawyer, hire a different one. Criminal defense is not a D-I-Y project anymore than you would attempt your own surgery.

2 Answers | Asked in Criminal Law for Texas on

Q: If I got to court for one thing can I be taken to jail for another

I’m going to court tomorrow in a different county and I’m going to settle the case I want to know will I the try to take me to jail from there if I have some traffic tickets in different counties

Kiele Linroth Pace answered on Jun 25, 2019

Maybe if you didn't show up as promised and ended up with an arrest warrant for Failure to Appear.

Call the court where the tickets are pending TODAY and ask if you can get that situation worked out. If you can't pay it outright today they might be willing to recall the warrant if you...
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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Federal Crimes for Texas on

Q: Why would a lawyer purposefully and willfully purger himself during a case?

During his own statements of his own actions for the case, he described his own events. Thus, admitting to breaking procedural rules, to violating ABA ethical rules, to knowingly making false-statements (since he also attached evidence to the counter), and to willfully obstructing justice on the... Read more »

Kiele Linroth Pace answered on Jun 25, 2019

It can be difficult for any person to truly understand their own motivations so obviously we can only make assumptions about the motivations of others.

We can probably assume that if an attorney is actually testifying under oath about the facts that means there is a good chance that...
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