Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law for Texas on
Q: If I dismiss my court appointed attorney can the judge still proceed with pretrial and trial which is two weeks apart

I informed them the court that I wasn't taking a plea when I'm not guilty of the charges . They proceeded with a pretrial after I mentioned wanting the attorney I'm going to hire to be present for pretrial but the judge proceeded anyway . He also refused to take my dismissal of the court appointed... Read more »

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

The judge has wide discretion over the docket and may be concerned that you are changing attorneys simply as a delay tactic. One of the risks of changing attorneys so close to the trial date is the new attorney might not have enough time to be as prepared as she would normally want to be.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Are people able to file disorderly conduct charges?

no

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

You can report a crime to law enforcement.

1 Answer | Asked in Uncategorized for Texas on
Q: Can i sue the named inventors of the coronavirus if i get infected?
Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 13, 2020

1. This is not a forum for answers to homework questions.

2. This is not a question of Criminal Law, Consumer Law, or Family Law.

3. You can try to sue almost anyone for almost anything, but filing frivolous lawsuits can get an attorney sanctioned.

4. You can try to file it...
Read more »

1 Answer | Asked in Criminal Law, Collections, Lemon Law and Small Claims for Texas on
Q: can i report my car stolen?

Transmission went out, shop picked it up and towed it to their location. Tore it down and diagnosed it. The contract says it’s $599 for tow and tear down. He told us $1480 to repair it. We said okay. He then jacked the price up to $2480 saying “there was more problems”. Fast forward a year... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 10, 2020

This is a civil matter. Theft requires the state to prove intent at the time the property initially changed hands.

1 Answer | Asked in Criminal Law for Texas on
Q: can a minor press charges without their parents knowing ?

Hello my name is Amel and I am 17 years old. I’ve been a victim of revenge porn however I really do not want my parents knowing about this. Is it possible to press charges without my parents getting involved or knowing about it? Or if If it’s not possible because I am a minor, then can I press... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 8, 2020

Criminal charges are a matter of public record in the United States. There are a few protections in child abuse cases, but I'm not certain if they would apply to this situation. Texas has a revenge porn law, but there is a decent chance that it will be overturned as unconstitutional... especially... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can I press charges on someone that is harassing my mom

He's my moms ex boyfriend

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 8, 2020

You can report criminal activity to law enforcement. They will determine whether to pursue a case. You can find and review the legal definition of Harassment in chapter 42 of the Texas Penal Code.

1 Answer | Asked in Criminal Law for Texas on
Q: My brother was found incompetent to stand trial and was placed in a state hospital over a year ago. His social worker s

Said charges were going to be dropped but had to go to nursing home. His mother just died & and was just informed by his social worker that the judge said he couldnt attend her funeral. I dont know if she really contacted judge. If charges are being dropped why can't he attend his mother's funeral?... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 6, 2020

Talk to his criminal defense attorney to find out if the charges are actually still pending. It might be that the charges were already dropped and he was confined to the state hospital indefinitely until the judge finds him competent.

1 Answer | Asked in Criminal Law for Texas on
Q: Is this true?

Spouse had an affair out of state. After getting back home, spouse continued to talk to that person. That person went to meet him in Virginia state to pick him up. My spouse never showed up. I got on the phone & let the person know that my spouse wasn’t coming. The person got upset & both parties... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 6, 2020

It sounds like the jilted lover is just taking out his frustration. Ignore and block him and let those emotions pass. If this continues to happen, the "detective" could be committing the offense of Harassment or Stalking.

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Construction Law for Texas on
Q: The day he died, my ex-hub's GF filed a FORGED change-of-benef'ry form to steal his BAC ret $. What can I do about it?

Several months after he died, I was notified that I was still benefcy of his BAC annuities fund. Surprised he hadn't changed this in 8 years since divorce, I called the BAC Intl to confirm details. It was the assisting clerk who noticed the date on a change-of-beneficiary form was the exact date... Read more »

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

There might be both a civil and criminal case that comes out of this but I notice this question is marked for both Texas and Arkansas. The first thing you should do is figure out WHERE the forged document was USED and then re-post your question in just that one state, no matter where you are... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Texas on
Q: What can I do if the attorney I hired didn't show up to my court. I want my money back but she ignoring me now

I hired her to fight for my traffic tickets but she didn't show up because she was overloaded. I fought myself and made my own deal. I want my money back but she ignoring me

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

You might consider contacting the Client-Attorney Assistance Program (CAAP) to re-establish communication with the attorney. Call (800) 932-1900 or see https://www.texasbar.com/Content/NavigationMenu/ForThePublic/ProblemswithanAttorney/CAAP/default.htm

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Texas on
Q: I was charged with DWI .The police report says the reason I was stopped was for no seatbelt. I wasn't ticketed .

At arraignment th police report says that I was stopped for no seatbelt .I was charged with DWI he claims the oder of alcohol and glossy eyes. On the way out I stopped at traffic ticket office and there is no seatbelt ticket under my i.d Was that a lawful stop?

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

You can be arrested and taken to jail for a seatbelt violation so that is fair game for a traffic stop. A case from Texas actually went to the US Supreme Court on this issue in Atwater v. City of Lago Vista.

That said, your DWI attorney may be able to determine from the officer's DashCam...
Read more »

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: we would like to talk to a civil rights attorney about our love one's right to a speedy trial being violated

He was arrested Nov. 2016, and his attorney at that time filed a motion for a speedy trial in Feb. 2017 once the defendant bonded out. That attorney

died and the judge never ruled on it. we believe this is a violation of his 6th amendment and may have caused the outcome of the case to go in... Read more »

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

The right to a speedy trial is waived unless affirmatively asserted and the judge isn't required to rule on a motion that is filed but never urged. So if there was a speedy trial issue it more likely lies at the feet of the defense attorney in the form of ineffective assistance of counsel. An... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Will the charges be dropped on a “terroristic threat on a family member” charge if the one involved asks to drop them?

I’m in Texas and got into a verbal argument with my girlfriend. I was on the other side of the house and threatened her and she recorded the audio. She called the cops and they heard it when they showed up. They arrested me as she asked them not to, but the police report said she was “willing... Read more »

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

Nope. They are only required to "consider" the point of view of the alleged victim, not abide by it. The prosecutor will make the ultimate decision on whether or not to seek a conviction and in these days of #MeToo they are more likely to seek convictions so they can brag about reducing "domestic... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: My boyfriend went to court March 2 and was offered to sign for 100 days, but he didn't want to sign until his next date

He wants to wait until he goes back to court on May 11, 2020 to sign for the 100 days...He had a 3rd degree felony which got dropped to an misdemeanor...which is good I'm guessing...but aside of all of that, he's also on parole and has a parole hold and 8 months left on it...I just want to know... Read more »

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

The maximum penalty on an F3 is 10 years in prison and the max on a misdemeanor is 1 year in jail. So yes, the defendant benefits when the charge is reduced from a felony of the third degree to a misdemeanor.

As for parole, the worst that could happen is that it is revoked because...
Read more »

View More Answers

3 Answers | Asked in Criminal Law for Texas on
Q: I am being charged with forgery of a financial insterment (a deed to a house) and explotation of an elderly for said

Deed.

If I sign the deed to the house back over could the charges against me be dropped?

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

Making amends does not absolve you of the original crime but the prosecutor might be satisfied, especially if you hire a great defense team who happens to find some reasonable doubt in the evidence.

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: My husband and i got into a fight he chocked me with my 8 month old baby in his arms so I tried to get him off of me?
Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 5, 2020

I see a question mark at the end of that sentence but, frankly, it doesn't look like a question. If his use of force against you was unlawful, he could be charged with a FELONY crime of family violence with a maximum penalty of 10 years in the state penitentiary or more depending on his criminal... Read more »

View More Answers

1 Answer | Asked in Domestic Violence for Texas on
Q: My friend was arrested for assault family house hold member w/prev conv third degree felony And faliure to appear

From what I know it was thanksgiving day he came home from working out of town and found his ex in a truck with another man so he broke the windows to the car he had just bought her so he got arrested that night he got out on bond but then missed his court day and a warrant was issued and know... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 3, 2020

If convicted of the charged offense the penalty is two to ten years confinement in the state penitentiary and a fine up to $10,000. The sentence could also be probated for up to ten years.

It is also possible that he could be convicted of a lesser crime like a misdemeanor assault, criminal...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How can I find record of police raiding my hotel room when I wasn't there ?

The girl in the room was arrested and no one else was present and i want to know what really happened . If they were looking for me.. my lawyer said there was no warrants issued for me.

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 3, 2020

An open records request pursuant to the Texas Public Information Act might do the trick. If you have an attorney in a related criminal matter then perhaps a 39.14 discovery request would be more productive since there are not as many methods for the police to deny access to a discovery request as... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Texas on
Q: How can i get heard and my side told accurately as its one sided and false? Da refers to pub def & vice versa

Case indicted by the grand jury, trial date for the 17th of April. Orig statement COMP by det. Due to hand injury later found false articles, DA refuses to take MY AFFIDAIT or give copy of statement det wrote on my behalf and informed me in order to hurry and get me outta there ( like i wanted... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 3, 2020

They have sovereign immunity from liability for merely doing their job poorly. You have to show they were purposely bad to you in particular and you have to file within one year of the resolution of the case. It is only possible to win a civil suit for malicious prosecution if you win the criminal... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Is "talking" for almost 2 months with weekend interaction only still considered "dating/ familly" ?

F3 assault family choking strangulation not even "together" but 2 months tops. Made it known from beginning we both just wanted to cool off. Its all one sided and not once asked my side or what i did because it was a mutal push and shove after he was attempting to not allow me to harm myself and i... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 3, 2020

Whether or not yours was a Dating Relationship is a fact issue. If you were having sexual relations then it will probably be considered a dating or former dating relationship.

This is what the law says:

"[D]ating relationship" means a relationship between individuals who have or...
Read more »

View More Answers

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.