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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: What can I do about a bad lawyer?

I have had an assigned lawyer for 11 months. During that time she has been extremely uncommunicative, not answering any requests for info about my defense. Not confirming that she receives my calls or emails. She has not done anything in my defense to prepare for trial. Last week, prior to a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

It sounds like you have already taken the proper steps by documenting your communications and approaching the judge. Many court-appointed lawyers are overworked and underpaid. Client communications are time-consuming and are not always helpful to the attorney's preparation of a defense.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Does getting a subpoena mean you will definitely have to testify?

My husband was told he was going to receive a subpoena to witness in an up coming trial. They also told him they might not use him at all. I thought subpoenas had to have dates and times, etc. declaring when someone will have to testify. Please help me understand.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

A regular subpoena is a court order to appear and be prepared to give honest testimony. A subpoena duces tecum is a court order to provide evidence (typically documents) and it may specify a deadline that is before whatever trial or court setting where the evidence might be used to give the... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can police take my dog from his lead while looking for someone with an arrest warrant who use to live there?

I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

They took your dog and left or they simply moved your dog to a different location? To be honest, if they claimed to be afraid of the dog then they could probably get away with shooting your dog dead.

1 Answer | Asked in Criminal Law for Texas on
Q: In Texas, can the d.a. File a motion to proceed with an adjudication of guilt prior to actually being booked into jail?

This motion contains some false information and makes me appear to look a lot worse than it truly is.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

Yes, in fact both the Motion to Proceed with Adjudication and the capias warrant MUST be filed before the end of the community supervision period.

3 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Hello I filed a false report on someone and they had charges pressed. I recently was charged with filing a false report

I was just wanting to know what could be the outcome of both situations. Since I was recently charged with filing a false report does that mean the charges against the other person will be dismissed?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

The prosecutor is not REQUIRED to drop the charges against the other person but it would be foolish not to drop them unless your retraction did not cover all of the criminal behavior alleged against the other person. For example, if your retraction statement said "he threatened to chop me up... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: What does it mean when you will not be having trail
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 19, 2022

Most criminal law cases are resolved without a trial. Sometimes the charges are dismissed by the prosecution and sometimes there is a settlement agreement between the prosecution and defense. A case may also be dismissed by a judge over the prosecution's objection, but that only happens in... Read more »

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2 Answers | Asked in Domestic Violence for Texas on
Q: If someone calls 911 and threatens to kill you, is that a terroristic threat in Texas?

A family member was drinking and was mad at me. They call 911 and accused me of beating a child (not true at all, police didn't even ask to see the child). The family member then threatened to kill me on the 911 call. Isn't that considered a terroristic threat, or at least domestic... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 19, 2022

Maybe. Maybe not. It depends on the context for the threat and the INTENT of the person making the threat rather than the feelings of the person who received the threat. For example, if the person's purpose was to motivate the 911 operator to send officers to a fake emergency it would be a... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Out on bond pd the bondsman in full then he got arrested a year later for new charges bondsman went off bond so now he

Has 8 bonds is there a lawyer that we can give him the money instead of a bondsman to get him out

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 13, 2022

Can you buy ice cream at Mcdonald's? It's on the menu but the real answer is: Maybe. Maybe not. Do they actually have any or are they sold out? Is the ice cream machine even working today or is it broken again? Are there any employees on the current shift that know how to operate the... Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Does a victim of a heinous crime have the ability to appeal a plea bargained sentence?

Many years ago a man broke into my parent's home and murdered my younger brother. His murderer tried to kill my younger sister by stabbing her multiple times - she survived. The case grew very cold and the man was not found for several years until he was arrested for DUI, then fingerprints... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 13, 2022

I am sorry for your family's loss, but I do not believe the courts are capable of providing the closure you seek. The limitation period for criminal attempt is the same as that of the offense attempted. 12.03(a) TxCCP There is no limitations period for murder. 12.01(1)(A) TxCCP. That said,... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: what happens if you are on probation and get arrested cause interference with a 911 call is that a probation violation

Basically My ex has felony possession of a weapon got probation but then got arrested for interference with a 911 call basically stopping a 911 with his gf ? Will he get violated ?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 6, 2022

One of the most common conditions of probation is to "commit no offense against the laws of this state or of any other state or of the United States" so, if he has that condition then he may have already violated the terms of his supervision. Whether his probation is revoked because of... Read more »

2 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: I cussed a doctor in his office can he file a complaint like he said he was?

Nothing happened just name calling from me.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 6, 2022

There are unlikely to be criminal charges, and if there were it wouldn't be Domestic Violence unless the doctor is a family member, roommate, or someone you dated.

The most likely charges I've seen in situations like this are Assault by Threat, Disorderly Conduct, and Criminal...
Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: I was convicted of assault bod injury FV in 2004 after my deferred adjudication got revoked. Can I legally buy a handgun
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 3, 2022

It is a violation of federal law for you to possess a firearm or ammunition and also against the law for another person to knowingly give you a firearm or ammunition.

1 Answer | Asked in Criminal Law for Texas on
Q: If someone is in jail and is on probation what can I do

He was on probation for felony drug charges was arrested got on probation went on the run was arrested again then again got on probation this was his final year on probation he was going to pay it off when he got his taxes but he relapsed became homeless and now is in jail with theft greater then a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 27, 2022

If you have the resources to hire him a better attorney than a court-appointed then you could do that. If you can't afford that, you could still make his life more comfortable in jail by depositing smaller amounts of money into his spending account at the jail... this is sometimes called... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How long is the statute of limitations on a aggravated assault charge here in TX?

This charge is involving a minor who was 11 at the time and we were never given any notice of charges being pursued since it was an accident.

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 27, 2022

Most people don't understand that the Statute of Limitations doesn't control how long a case can be pending before trial. It only controls the time period that the government has to file formal charges after an alleged crime. If they wait too long to file charges then the court loses... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I didn’t get a felony I got a class b missamedear so would that change anything if that’s the case
Kiele Linroth Pace
Kiele Linroth Pace
answered on May 26, 2022

In my experience as an attorney, it is easier to get misdemeanors dismissed... and you need it ALL dismissed to be eligible to have the arrest records expunged. Deferred adjudication is not good enough... a reduction to a class C misdemeanor is not good enough... its gotta be all dismissed or the... Read more »

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: What do I need for a restraining/protective order in Texas?

My current boyfriend's ex girlfriend keeps harassing through calls and texts and sometimes even showing up to his place and showing stalking behavior. She also mentioned me on her threats that she would come for me. He has DACA and he's scared to take legal actions but I want to know what... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 26, 2022

A restraining order requires the existence of a civil lawsuit pending between the parties, and it expires when the lawsuit ends. So that's not appropriate to your situation unless there is some sort of active lawsuit involving the two of you on opposing sides.

A dating violence...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How to file a Habeas Corpus against the state of Texas on behalf of my son.
Kiele Linroth Pace
Kiele Linroth Pace
answered on May 26, 2022

Become an attorney. Anyone can represent themselves but only an attorney can represent someone else.

2 Answers | Asked in Criminal Law for Texas on
Q: Can a prosecutor state that I have 3 felony counts on my record when I have NONE ???

Is that false evidence or a false statement

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 26, 2022

They could say you killed the Easter Bunny but they'll have to prove it beyond a reasonable doubt unless you enter a plea of guilty or no contest.

Note: Saying you had a felony arrest or charge is not the same as saying you had a felony conviction.

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1 Answer | Asked in Criminal Law for Texas on
Q: Attorney told us to call we called no answer been trying for 2wks and no response what should I do
Kiele Linroth Pace
Kiele Linroth Pace
answered on May 26, 2022

This is the sort of situation that can blow up in your face because something will get missed and you will get blamed... because it is your responsibility to attend all required court appearances and obey all conditions of bond regardless of your attorney's inaction. You should probably... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How should I let the judge know before my next hearing that my assigned lawyer is uncommunicative and incompetent?

I have a lawyer who is extremely uncommunicative. There was a change in my assigned attorney last year in August and I, the defendant , was not notified by anyone. I found it out by accident in Jan. of this year and emailed my new attorney. That was five months I, effectively, had no... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 24, 2022

Court-appointed attorneys are overworked and underpaid just about everywhere. Your best bet overall is probably to hire a local criminal defense attorney who DOESN'T accept court appointments. However, not everyone thinks they can afford that... but can they afford prison?

Anyway,...
Read more »

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