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Questions Answered by Kiele Linroth Pace
2 Answers | Asked in Civil Litigation and Criminal Law for Texas on
Q: old boss claims I stole equipment given to perform jobs , was fired and not asked about items for 6 months latertheft?

When he finally did ask for these tools I not only never said no or kept them from him but when schedules were both so busy and he couldn’t make it out to get I offered cash and he refused . Well I got arrested for having a warrant for this..now I have court. How is this theft? I didn’t take... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 26, 2020

If you don't want to spend the rest of your life as a convicted thief, hire a criminal defense attorney who understands the theft laws and who is willing to fight for her clients. Don't hire one who resolves as many cases as quickly and cheaply as possible.

Theft requires the specific...
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1 Answer | Asked in Criminal Law for Texas on
Q: So if you were on deferred adjufication in 2001 for a aggravated assult with a deadly weapon and completed it .

now in Texas in 2020 can you get a license to carry or does that bar you. I know if it was for some feloneys you can wait the 10 year period but is this even though it was deferred a direct bar !

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 25, 2020

Deferred adjudication counts as a conviction for the purposes of the Texas License to Carry. However, after 10 years, all misdemeanor deferred adjudications (and some felony deferred adjudications) are no longer considered convictions. Unfortunately for you, Aggravated Assault is a felony that... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What if I had a court date of a pending charge and they never rescheduled me a new court date and it's been 6months now

never got appointed an attorney I never received a new court date

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 25, 2020

Unfortunately, it is possible that didn't get the message and missed your court date. If that happened there may be an active warrant for your arrest. You should probably hire an attorney to get this sorted out. If you can't do that, you can at least examine the public court records of your case... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Who can we talk to for help on being wrongly accused when we are poor
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 25, 2020

You should consider liquidating assets if you are facing a felony charge because you don't need a house or car if you are in prison. If you have no money and no assets then ask the judge of the court where the charges are pending to appoint a criminal defense attorney. This will probably require... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is it legal for the district attorneys office to pin charges no matter what just to get that person in jail

Also is it legal for them to wrongfully accuse, issue warrant without even question the suspect

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 25, 2020

Most arrest warrants are sought by law enforcement rather than the office of the district attorney. In either case, it is a judge that actually signs the warrant, and that only happens after the judge determines that probable cause exists to believe the accused committed a crime. Probable cause... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I recently received a letter concerning basically not reporting to my PO. I contacted my pre trial PO today.

She told me that I was supposed to have called her November the 17th. Of 2019. I did but had to leave a message. I then called her in December and had to leave a message. Will my bond be revoked? I'm scared. This is my first time having a court date to explain as to why I didn't report. My bail... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 23, 2020

Get your criminal defense attorney involved to advocate on your behalf.

2 Answers | Asked in Criminal Law for Texas on
Q: What is the best mental health defense? I am being charged with arson. I was suicidal and tried to kill myself.

The act was committed entirely because of my mental illness. I was experiencing severe psychosis and depression upon auditory hallucinations. If I was not sick I wouldn't have done it.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 23, 2020

First, you have no idea what they can prove so stop posting confessions online.

Second, as a general rule, only defendants facing the DEATH PENALTY are willing to attempt an insanity defense. To win this defense you have the burden of proof to show that, as a result of severe mental...
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2 Answers | Asked in Criminal Law for Texas on
Q: Is there a way a lawyer can recall a warrant ? What would be the steps ... maybe fees even ? How much

I have a failure to appear and i wanted to reschedule court date so that in the mean while i won’t be arrested is that possible to do

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 23, 2020

A judge is technically the one with the power to recall the warrant but an attorney who takes cases in that court may be able to explain the conditions under which it is likely to happen. Those conditions are different depending on the court ... so you should seek advice from an attorney who has... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: My daughter went to court today at the justice of peace County Court and a prosecuting attorney didn't have no evidence

On a citation that she received and the prosecuting attorney for the county move the court date later so he could gather evidence but we went to court today to settle the citation

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 23, 2020

A request for a "continuance" is not unusual if more time is needed to prepare. You could have objected to the reset but many judges routinely grant at least one continuance for each side.

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1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: what does it mean to be a “suspect” in a family violence case?

My husband and I are going through a horrible time. He has been cheating and is violent to me. I have begged him to leave and he wouldn’t. The other day I told him I wanted a divorce and he grabbed my wrists so tight and wouldn’t let go. He was hurting me. I bit him to try to get away. He... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

The responding officer will write up his incident report and turn it over to a detective who will decide whether or not to pursue a criminal case.

Based on your description of the incident, your husband committed assault against you by grabbing your wrists and your biting was lawful to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: If a phone was found with 5 different sets of DNA could that evidence be used in court?

aggrivated offenders only having to serve a third of their time? Is that true ?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

Test results showing DNA from 5 people on a phone might be good evidence if your intention was to show that multiple people came into contact with that particular phone.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is there a statue of limitation on a first-degree manufacturing and delivery charge in Texas?

I received a manufacturing and delivery over 200 under 400 in Texas. I was currently on adjudicated felony probation and it served half of that sentence and was being let off early for good behavior from another county. The investigators talk to the judge and dropped my bond down so that I can get... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

Sorry, but the limitations clock stops ticking when the defendant is outside the state of Texas. It also stopped ticking upon the filing of a formal charging document. The controlling statutes are available here: https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.12.htm

1 Answer | Asked in Criminal Law for Texas on
Q: If the docket says motion to proceed with Adjudication but I'm on srait probation what can be done?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

Your attorney could read the document and determine if the state filed the incorrect motion of if the person who posted the docket simply miskeyed something. It is a public document so, if you were so inclined, you could go to the clerk's office and either read the copy in the court's file or buy... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Freedom of Information Act in state of Tx. Can an inmate or family of inmate request such info from county office?

Inmate or family of request the state information regarding his case. Would we go directly to the DA office or Bexar County Clerks office? We are mainly seeking the documented information of the plea deals that were offered during pretrial, during trial as well as deliberations.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

There are a bunch of exceptions to the Texas Public Information Act that allow withholding or redacting of documents. Those exceptions do not necessarily apply to information demanded via discovery or subpoena.

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2 Answers | Asked in Criminal Law for Texas on
Q: Arson requires malicious intent, I was suicidal and tried to kill myself with fire. Do I have a good defense?

I have previous documented suicide attempts from hospitals. I was experiencing severe psychosis and depression upon auditory hallucinations. I want to plea not guilty by reason of insanity

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

Talk to your attorney about this privately. Not Guilty By Reason of Insanity can lead to a much less desirable outcome than you probably expect.

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Who was Mr Joseph Beans attorney in this case?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

1. Figure out which county the case was filed in.

2. Figure out which Clerk's office has the record.

3. Contact the Clerk's office and ask to examine the physical file.

4. Find a motion or other document filed by Mr. Joseph or his attorney.

5. Find the signature...
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2 Answers | Asked in Criminal Law for Texas on
Q: Can you file for a motion of dismissal in Texas after a criminal trial has happened?

The charge is sexual assault of a child

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

It is untimely so even if you FILE it in the sense that the clerk accepts it that doesn't mean it will actually be seen by the judge who can rule on it. The judge loses jurisdiction a few days after the case is resolved so if it has been more than a month you might already be out of luck.... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: What’s the age of consent in Texas an that being said if she’s 17 an I’m 20 what does that mean will I be in trouble?

I just wanna know like if I do anything which I haven’t that’s why I’m here will I be subject to like a case or anything like that I’m just worried an I would like some clear answers

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

Since you are already 20 that means you are more than 2 years to the day older than she is, therefore, you could be convicted of felony Child Sexual Performance until she is age 18.

Because she is 17 you can't be convicted of Indecency with a Child or Statutory Rape (ie Sexual Assault based...
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2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Texas on
Q: Can you be put under arrest for no insurance in a regular traffic stop?

I got stopped cop says he smells marijuana and I deny and deny he ask to search vehicle I don’t give consent, he then comes and tells me I have no insurance on vehicle then says I don’t care about the insurance man just tell me how much bud you have in here.. I say there’s no bud I don’t... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

You can be arrested for ALMOST any offense (except speeding) and then searched subsequent to arrest. See Atwater v. Lago Vista

https://en.wikipedia.org/wiki/Atwater_v._City_of_Lago_Vista

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2 Answers | Asked in Criminal Law for Texas on
Q: My name is Tresa I lost my son in 6-12-2012 & I lost my mind I just want someone to read the reports I have

Bud was being chased by the cops on his crock rocket I just want the truth about that night & the Stephenville police department shredded the first report & the cop chasing him said she wasn’t but she was anything I can do to find the truth ?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 11, 2020

You could try sending them a request for copies of all documents and electronic recordings relating to the incident and investigation pursuant to the Texas Freedom of Information Act.

You might be able to pursue a federal section 1983 civil rights lawsuit against the police but there is a...
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