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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Business Law, Civil Litigation and Criminal Law for Texas on
Q: I want to raise money for a charity organization I volunteer for. Am I allowed to go out on campus (I attend UT Austin)

And play my guitar and sing to try and raise money? Is that illegal? Is it illegal to do so in any public area in Austin?

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 15, 2019

If you attend UT, then ask the office of the dean of students or whichever office is in charge of all those activists on the West Mall.

1 Answer | Asked in Civil Litigation, Real Estate Law, Consumer Law and Criminal Law for Texas on
Q: I moved in with someone who already had a lease. I gave them my portion of rent and they used it for personal not rent
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 15, 2019

With regard to Criminal Law, you being there is not Criminal Trespass, regardless of your status on the lease, as long as you have lived there long enough to be considered a "resident." Is your toothbrush there? Is your mail delivered to that address?

Any other issue between you and...
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2 Answers | Asked in Criminal Law for Texas on
Q: Does the successful assertion of a defense to prosecution mean the actions do not constitute a crime?

Example: self-defense (TPC 9.31). If the trier of fact believes to the necessary standard that your actions were necessary to defend yourself from harm, are those actions no longer a criminal act, or is the action still a crime, for which the defense simply precludes prosecution?

The hair... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 15, 2019

I agree with attorney Roy Lee Warren that lack of a conviction means no criminal record, but I would point out that any arrest records would still need to be expunged before the person's record was truly "clean" again.

Your question could be rephrased, "If a person can't be convicted, does...
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1 Answer | Asked in Criminal Law for Texas on
Q: Once you sign a plea agreement can you change your mind and if so how long do you have when all the evidence wasn't pres

Properly presented. Like saying the evidence was more that it actually was

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 6, 2019

Do an internet search on "Texas criminal appeal timeline" to get a quick answer. If you still have questions after that call an appellate attorney, but do it quickly because the timelines are aggressive and you can easily miss your chance.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Would my family member be arrested and charged?

One of my family members has admitted to me, twice, that he has murdered people while he was in some type of gang. I will not get into details because they are graphic, but he told me not to tell about it. BTW, he has not been arrested for these crimes, but he has for drugs.

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 6, 2019

Perhaps, if law enforcement believes there is Probable Cause to believe he committed the offense. There are no limitations periods for Murder and Manslaughter so his prosecution would not be barred by the passage of time.

1 Answer | Asked in Criminal Law for Texas on
Q: Can i get in trouble for giving someone extra community service hours by mistake?

I work at a non profit organisation and there is a volunteer who did community service at my workplace and he had to complete 60 hours as per the court and after the first three or four times he came in he lost his sheet which had a record of his previous hours but i still gave him his hours but i... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 5, 2019

You can get arrested and charged for stabbing the Tooth Fairy but whether or not the prosecutor can prove those facts beyond a reasonable doubt is another matter! It is unlikely you will get into trouble if it was only this one time for this one volunteer. If you DO get into trouble a good... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I get a marriage assault bodily injury charge put on me instead of my wife?

I admitted to the officer that I hit my wife in the altercation her and I had, so the Officer said to me that someone has to go to jail and I said it's going to be me (the husband) that's going into jail because I admitted to hit my wife but the officer took my wife to jail instead when it should... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 5, 2019

Your wife should hire a criminal defense attorney who is willing to talk to YOU the alleged victim. She should avoid any defense attorney who is uncomfortable or unwilling to talk to the STAR WITNESS.

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1 Answer | Asked in Criminal Law for Texas on
Q: 2 class a misdemeanor assault with body injury charges (lip and eyebrow) first offense. Will person see jail time?

No stitches or medical care needed. As of right now victims not pressing charges. Will this go to court? Since it’s first time offense will they see jail time?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 29, 2019

This question is in the Texas forum but it says the person is asking from Ohio. This answer is based on Texas law. If the incident did not occur in Texas then nothing below applies and you need to re-post the question in the Ohio forum instead.

The minimum punishment is NOTHING since the...
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1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Constitutional Law for Texas on
Q: We need representation in regards to opt out fee being charged by the Texas PUC for the AMI electric meter

The Texas puc has informed us there is no local/state or federal requiring us to take a ami electric meter yet we have to pay a opt out fee AND 30.00 extra dollars a month on our electric bill PLUS they have been charging for ami meters on our bill and they have not "deployed" them yet. We are... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 29, 2019

This is not a criminal law issue.

2 Answers | Asked in Criminal Law for Texas on
Q: my friend was arrested in el paso. he had a friend's bike on his trailer, turns out that bike was stolen.

my friend was charged with theft over 2500 under 30000. how do i go about finding a good lawyer that wont cost us our houses and everything?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 26, 2019

The first step is to figure out what it is worth to you to maximize your chances. If the person has no priors, the offense is a State Jail Felony punishable by 6 months to 2 years in State Jail and a fine up to $10,000. Perhaps the worst part of a conviction is being forever marked as a felon and... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Landlord - Tenant for Texas on
Q: The search and arrestcwarrant given to me at the time of search does not have an address nor namevon it. Is it valid?

There was drugs found in the home. Does this mean it cannot be used as evidence if the warrant does not contain the address or a description of the residence to be searched?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 26, 2019

Don't worry, if the defendant has a decent criminal defense attorney then the search warrant will be carefully examined for defects and the existence of warrant exceptions will be properly considered. I don't want to say more than that because this sounds like it could be a homework question. If... Read more »

2 Answers | Asked in Contracts, Criminal Law and Construction Law for Texas on
Q: DID WORK FOR HOMEOWNER AND NOW HE DON\T WANT TO PAY
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 26, 2019

This is not a matter of criminal law. Talk to an attorney who practices civil law or research filing a small claims lawsuit in the Justice of the Peace court. There are multiple JP courts in most counties so figure out the proper court for the street address of the home where you did the work.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Texas on
Q: can personal possesions legally signed for and released from jail then 2-3 days later ask person to return as evidence

i picked up my fiancee personal possesions and signed for them an jail released them to me 2-3 days later investagator ask if i ring cell phone ack due to it was to e put in evidence locker but as not and released with personal possessions can that be done legally without telling me that i did not... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 24, 2019

If the person has been in jail for 2 months then they almost certainly have a criminal defense attorney who you should be speaking with about this situation. The attorney will figure out what to do about the "chain of custody" problem that the property release may have created for the prosecution.

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Criminal Law and Civil Litigation for Texas on
Q: Can my landlord legally shut off the utilities?

It isn't done for any valid, legal reasons. He just drinks on a daily basis, and then he gets depressed and in a bad mood. Whenever any of the tenants try talking to him about it, he goes off and throws around accusations and slander at anyone around. He has broken many laws already and is now... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2019

Texas Tenants' Union

https://txtenants.org/

(214) 823-2733

8035 E R L Thornton Fwy., Suite 535

Dallas, TX 75228

2 Answers | Asked in Criminal Law for Texas on
Q: Can you be charged with tampering w evidence w intent to impair for a empty baggie found in car?
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2019

You could be CHARGED with murder for shooting the tooth fairy but you can only be CONVICTED if you enter a plea or the prosecution proves you did it.

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2 Answers | Asked in Criminal Law for Texas on
Q: What can be done if a deputy tells an inmate he needs to take the charge or his whole family will go down
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 21, 2019

The inmate could talk to his attorney about the possibility of getting the Texas Rangers involved because the rangers investigate crimes committed by law enforcement.

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1 Answer | Asked in Criminal Law for Texas on
Q: If my sentence was deferred am I still a felon.
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 17, 2019

A felon for what purpose? Deferred Adjudication does count as a "conviction" for the purposes of the Texas license to carry application, but there are types of cases where it stops counting after a decade. Also, if you are still on community supervision you are still "under indictment" for the... Read more »

3 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: How long can you be held in jail with no case

Had a family member go to the courthouse look up case number to see if there was any charges filed and the courthouse said they did not have anything as of October 15 and I have been in jail since September 27

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 17, 2019

The people working in the clerk's office at the courthouse are not allowed to give "legal advice." Unfortunately, many of them don't really understand what "legal advice" really means so they just take everything literally and avoid offering suggestions or being helpful in any way whatsoever. When... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: While acquiring a TX driver's license I was informed OK and MD had "flags" on me--how can I find out what they are?

These incidents must go back to the mid-1990's--so did not impact my ability to get licensed in TX; but I'll be travelling regularly to OK--and don't relish an unpleasant surprise from a routine traffic stop.

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2019

Contact attorneys from OK and MD... ideally in the same counties where you most likely accused of a crime.

2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Hi am being accused of stealing one of my friends bully pitbulls without any evidence or proof what are my options

The person accusing me is my friend Who has now said he has submitted the police report

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2019

Without knowing what happened it is probably safe to say that one of you is not a very good friend to the other.

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