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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law for Texas on
Q: POSS OF DRUG PARAPHERNALIA but it was just CBD. I had only CBD hemp cigarettes in my car, with CBD wrappers.

POSS OF DRUG PARAPHERNALIA but it was just CBD

Hello all, I’ve been trying to find some answers but it’s been really difficult, I’m broke right now and can’t afford a lawyer, and this incident happened over a year ago but I’m just now getting information in the mail. I’m not... Read more »

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

You can be charged based on the officer's belief but you can only be convicted if they can prove it beyond a reasonable doubt or if you give up and take a plea. Don't "no show" a court appearance because they will doom you faster than anything.

1 Answer | Asked in Criminal Law for Texas on
Q: What can my friend do after his tools were stolen with trailer but has no proof of ownership?

The dad i baby sit for got his work trailer with everyone he owns work wise in it stolen last week. Over 30gs of work tools. We all know who did it and the police have video that a neighbor recorded of it happening and so does the apartments. Clear as day you can see who it is. But the cops... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 18, 2020

He could talk to a supervisor or detective at the law enforcement agency and ask them to reconsider. He could also potentially hire a local attorney to file a civil lawsuit against the person who took the trailer.

Unless the trailer was homemade, it was probably registered and had a VIN...
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1 Answer | Asked in Criminal Law for Texas on
Q: How do I calculate how old my felony is? Is it from the time I was charged or when I completed parole?

I was sentenced 2007 to 9 yrs in prison and i was release Aug 2012 on parole and completed parole in Feb 2016 and I wanting to know how do I know how old my charges are. I am trying to apply for jobs and it says on that after 7yrs that you charge doesn't show up on a background check and I am... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 17, 2020

The case will ALWAYS show on a criminal background check unless you are pardoned by the Governor of Texas and then file for an expunction. There is a seven-year rule for negative information on a credit report. The confusion comes from the fact that some employers use the fact that a credit check... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: They had to use spikes to stop the vehicle and arrest her she has been in county lockup for 6 months now

Her prior was a state felony for controlled substance her parole is up January 2021. She has been in and out of jail for drugs for 8 years now

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

Prior state jail felonies won't be used for Repeat or Habitual status to increase punishment on an F3 or higher but they can be used that way to increased punishments of other state jail felonies.

1 Answer | Asked in Domestic Violence for Texas on
Q: How do I stop abuse/harassment through the court system?

I have been stalked/harassed for over 8 years. I moved to Texas to get away from my stalker who resides in Missouri. For years he has subjected me to numerous depositions in which he used those to gather personal information from me. He has now filed another subpoena from out of state to further... Read more »

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

Consult a Missouri attorney about the possibility that you can have the person classified as a "vexatious litigant" ... I think that's what it's called in Texas anyway... There is probably some equivilant under Missouri law to describe a person who abuses the courts so perhaps... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: How I can get a lawyer who can assist me to reopen the case and help me to vacate my case ?

When the county charge , is was unlawful because , there is a lot wrong doing it had happened between me and my other attorney they didn't notice me and consequences of immigration but today they give a fibber to the court that they've been explained to me about immigration, now I am... Read more »

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

I can't tell if you are asking about a case from Texas or Minnesota but I can tell you that Texas has a very short period after a case is resolved to start the appeals process so you should probably start calling attorneys who take criminal appeals ASAP. If it has been more than a month you... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What is the sentence for a third degree felony for evading arrest in a stolen vehicle while on parole and on drugs ?

She was drugged up and not in her right mind.

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

It sounds like she needs a good attorney and a lot of luck. Her parole could be revoked on the old charge and that could send her back to prison to finish her sentence on that old charge. Regarding the new charge, her sentence could be NOTHING if the prosecutor drops the case or can't prove... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Under what circumstances can a state charge of aggravated assault be raised to a federal charge

Was told if the statue of limitations have run out with no charges filed..(3 yrs in tx) that the prosecutor could end up trying to make it a federal charge since the statue of limitations has run out for a state charge.

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 14, 2020

You might not want to tell the prosecutors yet, but the limitations period on aggravated assault and aggravated perjury is only TWO years. See article 12.03(d) of the Texas Code of Criminal Procedure. I'm not aware of any federal assault statute, but they might have jurisdiction if the... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Is it a crime for a person I'm on a phone conversation with, to record the conversation without my consent & knowledge?
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 14, 2020

No. Texas only requires recording consent from one party to the conversation.

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2 Answers | Asked in Criminal Law for Texas on
Q: How to gef out of jail if I got a mtrp
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 13, 2020

Post the bond. If no bond amount was set (or if it was set too high) then you could ask your criminal defense attorney to try to get it set at an amount that you can afford.

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1 Answer | Asked in Criminal Law for Texas on
Q: Aggravated at large. Neighbor put in his fence. He aggravated/refused to surrender. Winnable?

dogs ran out of garage. We tried to call them back. He put in his fence fast. I apologized. He said. I called police. Your not being neighborly please let me take them home & I will get a ticket, sorry But its 100 decrees. He said, get off my property ignorant! I was on the side walk. I was... Read more »

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

The police would have taken action if they had probable cause to believe that someone committed a crime like Cruelty to Animals. There is a different law for livestock because we don't eat our pets.

If there is a dispute over the ownership of the dogs then it is probably a civil...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: When is the best time to voice your rights if being arrested? Do you have the right to an immediate arraignment & when?

No knock warrant took 4 people to jail cps took child for a year. They confiscated .1g yes 1/10 of a gram in an old baggie behind the shelf under a lamp. Poss of controlled sub <1g X4 15months ago

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

You should schedule a PRIVATE consultation with the criminal defense attorney that you (should have) hired 15 months ago and you should NOT be posting on public websites that you knew the exact location of illegal drugs behind the shelf and under the lamp. Nothing online is anonymous to a... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Tx can a 21 year old have sext with a 17 year old?
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 11, 2020

A 17-year-old is old enough to consent for the purposes of Sexual Assault and Indecency but if the state was really aggressive the 21-year-old could still be charged and convicted for felony Sexual Performance of a Child under section 43.25 of the Texas Penal Code.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Texas on
Q: My husband is on parole he ended up getting a misdemeanor charge in July it was no trespassing hab/shltr/suprfund/Infstr

He has motion to revoke parole & misdemeanor its non violent crime. Is there any motion or legal document I can help my husband with? What can I do to get the parole hold off him?? During this covid virus could that help him in his case 8th amendment??

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 11, 2020

Hire an attorney who focuses on parole work AND a criminal defense attorney for the trespassing case. Parole work is very different because it follows different rules so having one attorney who does both is not ideal. As they say, the jack of all trades is the master of none.

1 Answer | Asked in Criminal Law for Texas on
Q: I was charged with a crime. But on the paper work that I have it's has dismissed and found not guilty
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 11, 2020

Ask your local criminal defense attorney to review the paperwork to determine if you are eligible to file for an expunction so the police and court records related to your case will not show on a criminal history background check.

3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can I get custody changed if child claims they were hit by other parent? And another person living in home?
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 13, 2020

It is not a crime for parents and stepparents (or someone similarly situated) to use force, but not deadly force, against a child under the age of 18 if they reasonably believe the force is necessary "to discipline the child or to safeguard or promote his welfare." However, hitting the... Read more »

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2 Answers | Asked in Criminal Law and Civil Litigation for Texas on
Q: Non-Disclosure Motion for civil temporary protective order request.

Hi - I am trying to remove/hide/seal from public record - a civil temporary protective order request that was denied/dismissed at the hearing in Denton County. I have read about the motion for non-disclosure - but everything I read is specific to criminal cases - not civil. I am wanting to file... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 11, 2020

That type of protective order involves the Texas Family Code so it is ripe for consideration for sealing under 76a and that will be more likely if the original applicant agrees... or at least doesn't oppose it.

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2 Answers | Asked in Criminal Law for Texas on
Q: I was on probation in Georgia in 2007. Have not reported since

Was allowed to move to Texas after 2 weeks of being in Texas and my second day of my new job the probation officer called me saying I needed to be in his office the next day (756 miles away) I told him I could not afford the drive and it would reflect bad on me to ask off my second day at work he... Read more »

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

Justia notifies attorneys of new questions based on where they are licensed. Even though you are currently in Texas, this is a problem with the Georgia criminal justice system. You should re-post this question with the location set to the city in Georgia where your probation was based instead of... Read more »

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1 Answer | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Am I going to jail I went and got my dog up from my aunt's and now she is saying I stole her dog and is pressing charges

I allowed my dog to stay in my aunt's care while I was working in multiple different towns for a year. We never discussed or signed anything. When I was able I went and picked her up from my aunt while she was home she is now saying I stole her and she filed a police report and is pressing... Read more »

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

You will be arrested and taken to jail if a law enforcement officer believes you committed a crime. In some situations, the officer must first get an arrest warrant by convincing a judge that there is "probable cause" to believe you committed a crime, but any officer worth his salt... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I am the victim in this case, the defendant is my husband. Charged with felony family violence

He is on probation in Texas for six years. I received a 2 year protective order. He violated his probation by failing 2 drug screens (cocaine) he was arrested on 7/21, then released on a PR bond he is trying to reconcile, but he is a long time drug user.

on I docket, I see the... Read more »

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

It means the state filed an update to their motion to revoke. Check the court file in the District Clerk's office if you want to read the actual document. Alternatively, you could contact the District Attorney's office and ask to speak to the attorney assigned to the case... it is... Read more »

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