Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law for Texas on
Q: During my traffic stop a controlled substance was discovered. I was arrested for possession of 1<4g, suspended licenses.

My truck was impounded. then I was told they seized and plan to dispose of it and all contents - said they were contriband. Is that legal to take my only means of transportation. I have an SR22 & Im in process of obtaining my occupational license

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 29, 2021

This is technically not a criminal law question because it is filed in civil court. There is a ton of information available online so do an internet search for "Texas civil asset forfeiture" to get the scoop.

2 Answers | Asked in Criminal Law for Texas on
Q: My girlfriend got charged with poss cs pg 1 gt=4glt200g she didn't know they were in the car how likely are they to drop

The passenger admitted they were his and that she had no knowledge of them being in his possession she thinks they will drop the charges on her I disagree and think she needs an attorney it's a 2nd degree felony

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

She is facing 2 to 20 years confinement and, even if granted probation she will be facing a lifetime as a convicted felon. In my opinion, this is not something to take chances with and it frankly seems like the same type of risky decision as hanging out with drug traffickers. You might want to... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: Is there any chance my husband can get out of prison if he plead guilty only because previously lawyer told him to.

He is in prison for aggravated robbery he also sducidal because of prison and has been diagnosed with depression and schizophrenia

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

If his schizophrenia is so bad that he is detached from reality then talk to an attorney who focuses on criminal appeals about the possibility that he didn't understand the plea. That said, it is possible that, even if released from prison, he may minstead be facing an involuntary commitment... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: If paroled from prison commit another felony while on parole can the new sentence be deferred adjudication?

What happens to the original parole sentence?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

One of the conditions of parole is to stop committing new crimes. A person in this situation can be returned to prison to complete the sentence on the old crime and ALSO be given a new sentence for the new crime. The person needs a parole attorney for dealing with any attempt to revoke parole and... Read more »

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: our lawyer said could only was revoke BF;s bond all his missed court dates due to not being released we dont understand

I don't know the specifics of the cases what I do know is that IN 2019 my boyfriend was charged with a thc vs in Freestone County He was given the option 8 years probation or 10 years, He failed a UA in 2020 for weed and was arrested for a revocation, HIs lawyer bonded him out and came back... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

Criminal defense attorneys are not technically required to talk to anyone but the defendant. Cheap or court-appointed attorneys are often too busy to talk to the defendant's loved ones. You could hire a better attorney to replace the existing attorney and perhaps get better customer service... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My house was broken into by two men blaming me for an act committed by a known prostitute and one threatened to stab me.

I was saved only by a friend whom happened to show up when he drew back his arm to stab. I reported the incident. Statute of limitations?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

Two years for criminal trespass, three years for attempted burglary of a habitation... but the cops are unlikely to be interested unless it was reported promptly.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have a family charge against my mom and she lied on the police report saying she has dementia she also attacked me and

All I did was defend myself and I didn't press charges but she lied and press charges on me my lawyer said she can't beat the case but she's a court appointed lawyer do I need to get another lawyer

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

The result of a criminal case will depend on the quality of the prosecutor's evidence, the skill and diligence of the defense attorney, and some degree of luck. You can't control the evidence or the luck, but you can hire a better defense attorney. On average, expensive attorneys get... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: Can a felon buy a gun in TEXAS WITH NEW 2021 gun laws
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 22, 2021

No, it doesn't matter what Texas does becasue federal law prohibits felons from possessing a firearm or ammunition.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Texas on
Q: Can one get prosecuted for trafficking when entering any state, in possession of 10gr of pseudoephedrine hydrocloride?

1st time offense. No prescription. Medication bought over a period of time. Individual entering state for holidays.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

You can be arrested and prosecuted for anything. 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. Ten grams is 10,000 milligrams. A typical pill of pseudoephedrine... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What does that mean COMMITMENT/RELEASE ORDER
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

I do not know how things are done in College Station. However, I do know that an order is a legal document that describes what is to be (or has been) done and on what authority. I also know that a Commitment is an order that checks someone into jail, and it is often a boilerplate form. So, given... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: I was arrested for verbal domestic violence in New Jersey but it was dropped Can I have that expunged from my record?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

The law of New Jersey will determine your expunction eligibility, even if you are currently in Texas. Attorneys are licensed per state, and this Justia website shows the questions to attorneys by state so it is likely that only Texas attorneys will see your question because the location is marked... Read more »

4 Answers | Asked in Civil Litigation, Consumer Law, Criminal Law and Intellectual Property for Texas on
Q: Can I use the term "law" in my email address title without being a lawyer? Example: Jason.Smith.Law@yahoo.com.

I am a law student and have an email address with the term "law" in it. I am not a lawyer, however, and have never stated that I am. Is it legal for me to continue to use this email address without being a lawyer? Don't I have speech protections so long as I am not actively trying to... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

I agree with the other attorneys and would add that there have been some famous people who have or had "Law" as their actual last name, for example: https://en.wikipedia.org/wiki/Law_(surname)

But no, you generally do NOT have speech protections. The state bar is serious about...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: My son was just arrested in Arizona for a felony in Texas. What immediate steps do I need to take?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 12, 2021

Hire a criminal defense attorney who takes cases in the specific Texas county where the arrest warrant was filed.

1 Answer | Asked in Criminal Law for Texas on
Q: was found guilty for attempted sexual conduct with a minor in 1987. I did 8.5 years on a plea deal. class felony

This was in Arizona and minor was under 15

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 9, 2021

What is the question? If you are asking about your criminal history you should talk to a criminal defense attorney licensed in Arizona.

1 Answer | Asked in Criminal Law for Texas on
Q: And Jefferson County Texas what is the penalty for a first-time offender with a pocs charge 10 X pills
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 7, 2021

It is likely to be a felony of the third degree, punishable by 2 to 10 years confinement in the state penitentiary and a fine up to $10,000. If the defendant has no priors then probation is also possible.

By "X" pills, I assume you mean ecstasy, or...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My son has a pocs charge the items were found in my clothing. I do not know where it came from he wants me to take charg

He and his girlfriend were helping me move items from my home I just left an abusive relationship

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 7, 2021

It is not true that somebody must "take" the charges. You son will only be convicted if he enters a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. One of the element of POCS is to "knowingly or... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I need some information on a pocs charge

Clothing in which state assistant me and moving to days before. I had no knowledge of the pills being in my clothing as well I do not know exactly who it belongs to that I am trying to find out what can be done in this situation

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 7, 2021

That certainly doesn't look good. Hire the best local criminal defense attorney possible and tell him or her everything to the best of your memory.

1 Answer | Asked in Criminal Law for Texas on
Q: Can Washingto County. Brenham Texas extend my probation or throw me in jail for not being able to pay my fines and fees?

Able to pay my fines and fees I was in safe for 9 months and county 2 months along with rehab BBCASA. Have been home 1 1/2 years. Father died 7 mo again am caretaker for mother all that time Are combined income is very low. Groceries bills phone cable electric etc. I contribute about 400 a month... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2021

It sounds like the real question is, "Can my probation be revoked if I am indigent and my only violations are my failure to pay the fines and fees?"

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Texas on
Q: What motions and forms do I need to e-file on a 481.121(b)(1) charge in Montgomery county Texas...

I am not guilty, I had no knowledge of the marijuana being in my vehicle, and I denied the police permission to search my vehicle. I want to get my case dismissed.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2021

Getting a dismissal in a case like this isn't about filing motions and forms. The most likely path to dismissal will require a suppression hearing, the success of which is likely to depend on legal technicalities regarding the stop, the search, the arrest, and the transition from a traffic... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What is a event :(supplemental setting ) In regards to a district court date. This would be the first court date?

My friends husband is on probation and got arrested again and out on bond. We just found out he has a court date but it says in the event section Supplemental Setting .. wondering what that is?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 5, 2021

Your friend should ask his criminal defense attorney. There is not a standard type of court appearance generally known throughout Texas as a "supplemental setting." It is possible that it means something specific in the county where the case is pending but it is most likely a default... Read more »

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.