Questions Answered by Kiele Linroth Pace
Q: Is it the end of world to be convicted of Misdemeanor C in TX? Will this municipal record affect my job application?
It probably depends on both the job and the charge. Charges like Theft or Assault probably have a greater impact than a traffic offense... but if the job was as a professional driver then the traffic offense might be a big problem. There are some employers that might be offended by a charge like... Read more »
Q: How much does it cost to "fight" a Misdemeanor C case in Plano Municipal Court, TX? What is the best way
What is the best way to locate a capable attorney to handle this very scary first-time charge? What are the questions to ask to ensure legal competency? Is there truly a Free Consultation for my first visit?
Some attorneys offer a "Free Consultation" but that does not mean "free legal advice." There are thousands of different types of legal problems. Some attorneys will take any case that walks in the door, but most attorneys focus on only a small sub-set of those problems.
The purpose of a... Read more »
Q: Can I dismiss the charge from the Municipal Court because I never receive a notice of Complaint?
Is it called Motion to Quash in the criminal case?
I received both summon for pre-trial and the sworn complaint from the Municipal Court recently. Based on the statue below, can I argue that I was never provided the Notice of Complaint prior to the State moved to issue Pre Trial Hearing?... Read more »
You would be better served begging for money on the side of the road and then using the donations to hire a traffic ticket attorney. This is not an exaggeration.
In most circumstances, only the prosecutor can dismiss a criminal case. The defense can never dismiss the case, and the judge... Read more »
Q: Do I need the Court's approval to request the police to produce the citation I never received?
Is the citation or sworn statement from the Police part of the consideration for the judge to rule "the probable cause" against me?
Why did the judge find probable cause? Was there a warrant? If so, the supporting affidavit should be in the clerk's file... which is a public record, so nobody needs to give you permission. However, unless you live really near the courthouse, it is probably better to just ask your attorney's... Read more »
Q: Am I allowed to contact the Prosecution Office before Trial without legal Representation? I could not afford legal fee
Will I get into trouble to contact the Prosecution without the presence of legal representation? What can I do to persuade the Prosecution to dismiss the charge?
There is an old saying: "A man who is his own lawyer has a fool for a client."
*** YOU ARE BETTER OFF HIRING A TRAFFIC TICKET ATTORNEY THAN TRYING TO DO IT YOURSELF ***
You can afford it. You just don't WANT to afford it. Do you have a car? You could sell it. Or drive for Uber,... Read more »
Q: What does it mean "the date of any proceeding in the prosecution of the defendant under the complaint."?
I am very confused when I received the Summon with this sworn complaint last week. I am trying to understand the meaning "the date of any proceeding in the prosecution of the defendant under the complaint."
Does it mean the alleged offender is entitled to receive the complaint before the... Read more »
There is probably already a complaint in the court's file Ask your attorney for a copy of it. Alternatively, you could go to the clerk's office and get a copy for yourself... the entire clerk's file is a public record. Some jurisdictions make the documents available online and some will email... Read more »
Q: Is is a crime not to return the Police Detective's phone call?
I learned from the answers from Criminal Lawyers on this site not to speak to Law Enforcement without the presence of legal representation. Is it OK for me to exercise my 5th Amendment to not return the calls to a police investigation? Will I be charged not to speak to the Police?
It is not illegal to ignore them, but it is illegal to lie to them.
If you are tempted to talk to them, watch this first: https://www.youtube.com/watch?v=d-7o9xYp7eE
Watch ALL of it!
Q: What is the difference between Citation# , Cause # & Docket#? I received a summon from Municipal Court for a Pre-Trial?
What number should I reference if I want to call the Municipal Court to verify if this is a real and legitimate summon / court document?
Make sure the phone number on the court's website matches the number on the summons document. Call the court, ask to speak to a clerk. The clerk will tell you which pieces of information they need to verify the case.
Q: No Prior Criminal record. What is the Prosecution's burden of Proof of allegedly "intentionally" or "knowingly"?
I maintain innocent for the allegedly charge of Theft of Services. I do not have any prior criminal history.
How does the Prosecution prove if I, "intentionally' or "knowingly" committed the allegedly charge of Theft of Services for a Consultation I did not feel I actually received?... Read more »
The applicable definitions for intentionally and knowingly are in chapter 6 of the penal code. See: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.6.htm#6.03
There are multiple ways to commit the offense of Theft of Service so the first thing you need to know is which manner and means... Read more »
Q: What are my options if I could not afford $3000 legal fee to handle a criminal charge for less than US$100?
Does the guarantee from this criminal attorney who informs me of $3000 legal fee a standard criminal law practice?
"I can guarantee that you will get the case dismissed after you perform deferred adjudication probation. It is very rare that the case gets dismissed outright without some... Read more »
Deferred Adjudication is a real a dismissal. The only way to get it is to enter a plea of guilty or no contest. Then the judge puts you on community supervision without entering a "finding" of guilt. If you successfully complete the requirements, the supervision is terminated. If you are not... Read more »
Q: How could first-time Misdemeanor C Offenders Seal Their Records under TX ‘Second Chances’ Bill?
Depending on the offense, it may be possible for first time misdemeanor offenders to obtain an order of nondisclosure that will provided a limited seal of the records. Details are in the Texas Government Code here: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.0735
HOWEVER,... Read more »
Q: What is the difference between "Service Dispute" and "Theft of Service"? Is there a statute of limitation for both?
The crime of Theft of Service is defined in the Section 31.04 of the Texas Penal Code. See: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm#31.04
When reading it, keep in mind the most important words have very specific definitions, which are listed in the beginning of Chapter... Read more »
Q: If I pay the fine for a Misdemeanor C, will I still have this record appearing on background check for employment?
You are better off trying to get the case resolved in some other way that does not result in a conviction. Hiring a local criminal defense attorney will go a long way toward maximizing your chances of something other than a conviction.
Depending on the offense and your criminal history,... Read more »
Q: TX Second Chance : Can the First time offender of Misdemeanor C qualify for TX First time offender programs?
The State of Texas does not offer this type of program, but the courts in some jurisdictions do. In some places there may be multiple programs, for example there might be one specifically for people charged with Shoplifting and another one for people charged with Public Intoxication... or there... Read more »
Q: Possession of drug paraphernalia. I’m 16 but will be 17 when I go to court. Will I be counted as a minor or adult? In TX
I got pulled over and had a grinder in my car. Got the citation for drug paraphernalia and scheduled my court day. Right now I am 16 but I will be 17 when I go to court. Will I be counted as a minor or adult ? Does it matter? Can I get this charge off my record?
They'll go by your age at the time of the offense for a misdemeanor. If it had been a felony there is a chance it would transferred into adult court.
If the case is dismissed you will be eligible for to file for an expunction that will actually destroy the records. If you are... Read more »
Q: What do I need to do?
I keep calling the number on the back of my citation/ticket and they keep telling me my information is not in the system..
That happens sometimes. Consider putting a recurring event on your calendar that reminds you to call them every Wednesday at 10am. If you are bad at using your calendar perhaps set an alarm on your smart phone for that purpose.
Q: My 18 year old son got his 16 year old girlfriend pregnant. They have been living with me for the past 6 weeks.
Can he be charge with a sex crime?
He has an affirmative defense against SEXUAL ASSAULT OF A CHILD because he is less than 3 years older. However, there is a felony named INDECENCY WITH A CHILD and another one named SEXUAL PERFORMANCE OF A CHILD that allow only a maximum of 2 years... so for those two the affirmative defense... Read more »
Q: Will the Municipal Court Judge assign a public defender for a Class C Misdemeanor Jury Trial?
If I maintain innocent in my pre-trial for a Class C Misdemeanor case, will I be assigned a public offender for a jury trial?
Is 6th Amendment still applicable in a municipal court jury trial?
Appointing an attorney is up to the judge's discretion for "fine only" cases like a class C cases where the maximum penalty is a fine and no jail time.
Q: Is it OK that Plano Police filed sworn complaint against me without giving me the chance to state my side of story?
I received a summon for pre-trial along with sworn statement from Plano Police Detective alleging me committing a Class C Misdemeanor less than $100 theft of Service alleged occurred in August last year. I never received any citation nor was given the chance to state my side of story. Does this... Read more »
Its not fair but it is, unfortunately, legal. Maybe your criminal defense attorney can point out that the Detective did a poor job of investigating the alleged offense.
Q: If charged with a Domesic Violence charge Prev Conv IAT, does the victim have to press charges for it to go to trail
Or will the State of Texas pick up the case and convict?
The alleged victim may give his or her opinion to the prosecutor, but the prosecutor is only required to "consider" the opinion. The ultimate decision on whether or not seek a conviction at trial will be made by the prosecutor alone. Not even the judge can dismiss the case over the prosecutors... 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.
