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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law for Texas on
Q: Could you tell me my worst case scenario vs my best case scenario?

Hi I just caught a case these people tried to run me off the rode and followed me home so I shot my gun in the air And the cop told me it hit their van but no one was injured and I could call the police because I was crying and scared for my life they were laughing and they basically tried to run... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 24, 2021

Sounds like a potential self defense with maybe a little defense of property added for good measure (the property being your home.)

Anyway, the worst case is 20 years in the state penitentiary, a $10,000 fine, and a felony conviction that results in permanent loss of firearm rights....
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: So my boyfriend was arrested for a warrant that he knows nothing about, where can he find information about his case

He was told at the jail that a complaint was filed by someone at his mom's house whom he hasn't seen or spoken to since 2017,all he knows is that it's theft of property,

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2021

The clerk's office in the county where the charge originated has an affidavit explaining exactly why law enforcement believed there was probable cause for an arrest warrant. That affidavit is considered a public document so you should be able to obtain a copy of it for a nominal fee.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: one party consent I recorded a conversation while waiting for someone to reply is this illegal?

The manger picked the phone up and put it down so I would stop calling i did call a lot I couldn’t leave a voicemail it was full I had a medical referral question she than processed to have a full conversation with a coworker while I was left on the line in my irrational I recorded the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2021

Yes, or it is close enough for "probable cause" to justify criminal charges. That said, your intent is an element of the offense AND you can also raise an affirmative defense based on the fact that a party to the communication consented to the recording by intentionally leaving the line... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Rented rims from rent a tire now felony theft charges

In Aug I was put in the hospital with covid and kidney stones. Told them in Aug to come get the rims. Never got a letter in the mail only text messages and they never came for the rims. I paid over half of what was owed. Only owed 1600 in Aug. What can I do about them pressing felony charges. I... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2021

You can't really DO anything about the fact that you were accused. Anyone can be charged with any crime. However, you can only be CONVICTED if you enter a plea of Guilty or No Contest or if the prosecutor can prove EVERY element of the offense beyond a reasonable doubt to a unanimous jury.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Does statue of limitations apply to misdemeanor paraphernalia charges

I received a ticket for a weed grinder in2010 there just now trying to collect I never went to court it's been 10 years

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 20, 2021

Yes, they have 2 years to file the formal charging document, but that often happens within the first month. Once the document is filed, the timer on the limitations clock stops ticking.

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Can I file a lawsuit against the police department for a false arrest?

Was exercising my freedom of speech on a public sidewalk. Someone called the cops said I trespassed which I didn't. I had everything filmed on a body cam. Officer shows up and arrests me for a noise ordinance violation. We then get to the jail and he changes the charges to criminal trespass.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 19, 2021

Talk to an attorney who focuses on federal civil rights lawsuits under Section 1983.

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Gun rights in Texas for a sealed record in Arkansas
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 13, 2021

Federal law gun laws are often more restrictive, especially for cases involving domestic violence.

1 Answer | Asked in Criminal Law for Texas on
Q: Is it worth it trying to fight a Class C "Shoplifting under $100" citation without a lawyer?

My friend and I went to the grocery store together, used the same shopping cart, and the same self-checkout, but I asked her to scan my groceries for me after she did her own, while I was on my phone next to her, and not paying attention to her. She underrang items from both lists, and we both... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

Theft is a crime of moral turpitude so you don't want that on your criminal record, even if it is "only" a class C misdemeanor. It is ALWAYS best to have an attorney on your side, but this is something a traffic ticket attorney can probably handle (cheaper than a criminal trial... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How would I go about seeking a possible reduction in sentence?
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

If it has been less than 30 days since you were sentenced then contact your criminal defense attorney immediately. If it has been more than 30 days you'll need to consult an attorney who handles appeals and other post-conviction remedies.

1 Answer | Asked in Criminal Law for Texas on
Q: I'm being charged with UNAUTHORIZED USE OF A MOTOR VEHICLE. MY ? IS, THE PERSON WHO GAVE ME PERMISSION, HAD NO IDEA

The vehicle was stolen. He has a b.o.s. from the guy he got it from. Am I in trouble bc if he, my friend didn't know, how could i?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You have the right to insist that the prosecution prove every element of the offense, beyond a reasonable doubt, to a jury. The definition of the offense is:

"A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Texas on
Q: Can I be trespassing

I live in Texas and me and my wife are separated but not divorced she still had all my property at her house I had a detective called me and told me that if I show up there I will be arrested for criminal trespassing can I legally do this even though she’s in possession of all my clothes and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You can be arrested and charged with any offense that the detective believes you committed. If that happens, a proper defense will be stressful and expensive. You would be wise to spend your time and money on a divorce attorney to get access to your stuff in a manner approved by the court rather... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Government Contracts for Texas on
Q: Is it legal for a Texas probation officer to lower the cut off levels on a drug test (UA) for specific probationers?

My Texas probation officer testified in court that he “contacted the ‘lab’ to make special drug tests, set a lower cut-off levels for certain probationers” if he thought abuse had occurred. Is that illegal??

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You should always try to stay on your probation officer's good side while at the same time remembering that the judge is actually the final authority on what to do about any alleged violations. It is important to get your own attorney if they attempt to revoke or modify your probation.

1 Answer | Asked in Criminal Law for Texas on
Q: What evidence is admissible on behalf of the defense for a probation violation hearing?

I understand in Texas, when probation is violated the courtroom rules concerning evidence are relaxed to a preponderance of guilt, but what about the defense?

Specifically WHAT evidence is admissible on behalf of the defense during a probation violation hearing?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

The normal rules of evidence still apply and it is up to the judge to decide how much slack to give you on that. The rules are WAAAAAY too complicated to even begin to list them here and they are something an attorney spends years mastering so having an attorney on your side can be crucial when... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If you were accused of stealing even though you walked out of the store with nothing what are my rights

My husband was accused from stealing from Walmart when he came out to our vehicle they made him go back inside even though he didn't have anything with him and they called the cops

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You have the right to make them prove every element of the offense beyond a reasonable doubt to a jury. You also have the right to hire an attorney to assist your defense. If you are indigent, you have the right to ask the court to appoint an attorney.

1 Answer | Asked in Criminal Law for Texas on
Q: How do I get a possession of a controlled substance charge dismissed because it wasn’t in its bottle
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 14, 2021

Hire the best criminal defense attorney you can get who takes this type of case in the county where the charges were filed... or get a cheap or court-appointed attorney and roll the dice on your future.

1 Answer | Asked in Criminal Law for Texas on
Q: If you hide out on a felony charge how long is the statue of limitations on it
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 14, 2021

No, because a grand jury indictment stops the clock on the STATUTE of limitations (statute, not statue!)

Prosecutors don't need to know where you are to get a grand jury indictment... so hiding won't help.

1 Answer | Asked in Criminal Law for Texas on
Q: I have 5 convictions on my record - is it possible to prevent 1 of those charges from being seen when applying for jobs?

To simplify things, here is all the information that I believe is necessary to answer my question:

My criminal record has 5 convictions on it, 2 felony convictions and 3 misdemeanor convictions. Both felony charges are for minor drug possession of schedule 1 substances, and the 3... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 14, 2021

Technically yes, you could get a pardon from the Governor of Texas. Realistically no, it hasn't been long enough for a pardon and very few people are ever pardoned. If that theft had been your very first conviction ever then you probably could have had it sealed, but since you have 4... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can the state charge you with "Delivery" even though you never went to jail for that? Only a possession charge?

The state is trying to charge my boyfriend with a delivery charge but when he was arrested he was charged with possession of a controlled substance. How can they "bring this charge down the pipeline, as his court appointed lawyer puts it? How can that be an after the fact indictment?

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 14, 2021

Yes, you can be arrested and charged with any offense they believe you committed. However, you can only be convicted if you enter a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. The state has 3 years from the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: In Texas, what happens when you are out on bond and have not been indicted in 180 days on a felony charge?
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 4, 2021

You should talk to your criminal defense attorney about the case status. The DA has at least 3 years to get an indictment on a felony... and more for some felonies. So the problem is that if you get the case dismissed for a delayed indictment then your BOND is also dismissed... then if the DA... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence, Legal Malpractice and Municipal Law for Texas on
Q: Can the victim can do anything about the lack of victim's rights offered and police & prosecutor not including evidence?

I was the victim of an assault from my ex. He was eventually charged (months after the assault) because I stayed in contact with the police department's Professional Standards Unit. The detective on the case was non responsive until PSU got involved. When the charges were pressed, the charge... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 2, 2021

There doesn't sound like anything else to do in terms of criminal law. However, in civil law you could seek a protective order based on family or dating violence... and perhaps even stalking based on the voicemails. You might be able to sue him for the cost of medical treatment but unless... Read more »

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