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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Q: If a police report is taking a long time to become public, is that normally a good or bad thing?

My friend was arrested in February and they tell her that her police report isn't ready yet when she tried to get it. Is this a good or a bad typically?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 14, 2020

In normal times that would be unusual, but the COVID shutdown means we are not in normal times. Your friend should have a private discussion with her criminal defense attorney about this issue.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for Texas on
Q: Is there a way to fight this?

The police arrested me for a burglary of an inhabitants charge while removing jointly owned property from a motel room. When they got me to the facility they found a tiny bit of pot on me that I had found in the room. Arresting me for burglary was erroneous. But can they drop the burglary charges... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 13, 2020

There are a bunch of rules regarding the admissibility of evidence. You should NOT post any more details about your case online but you SHOULD read about the "exclusionary rule" and the doctrine of "the fruit of the poisonous tree." Be sure to also read about the exceptions,... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Texas on
Q: How can the District Attorney reject a case, but CPS found a “reason to believe” the incident occurred?

6 months ago my sister was watching my son while I was at work. My son’s father arrived unannounced to pick him up (we didn’t have a custody agreement at that time). My sister didn’t know who was at the front door and grabbed my son from leaving. His dad called the cops and accused my sister... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 13, 2020

The DA's decision not to prosecute your sister for a crime doesn't determine the outcome of the CPS case because the two agencies have different roles and different perspectives. To prove a crime, the DA's office would need to show that your sister acted with malicious intent or... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: 3/5/18 I was arrested and charged with 2nd degree felony. Still never convicted. Why can’t I buy a hunting rifle

The charge was theft of property 150-300k. Prosecutor acted on a complaint and has since stalled the court hearings. The offer was 10 years probation which I turned down and then haven’t heard anything in 2 years. I like to hunt and not sure if I can even buy a gun. How long can a prosecutor... Read more »

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

It is a violation of federal law (18 U.S. Code § 922) because you are under felony indictment. Talk to your criminal defense attorney about the status of your case and whether it would be advisable to attempt to hurry it along or continue to wait it out.

3 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a felony evading arrest be expunged?

My cousin was arrested on an evading arrest charge in 2003. One lawyer told him it could be expunged and one lawyer told him it couldn't. What is the rule on expunging felonies if at all possible?

He was charged felony and sentenced based on a misdemeanor and was giving a fine of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 9, 2020

Expunction is only possible when all charges related to the arrest were dismissed. There was a case on appeal where the defendant was arrested for DWI but that charge was dismissed in exchange for a guilty plea to Reckless Driving. The ruling was that the DWI could not be expunged because a... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: In Louisiana can a judge give you flat time for a first time felony with no parole and it was non violent
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 8, 2020

You should re-post this question with the location set to Louisiana so it will be seen by attorneys licensed to practice law in that state.

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1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Texas on
Q: If I press charges can he press them back on me? ( I just wanna know if it’s better for me to Just stay quiet?)

Currently I’m 22 weeks pregnant. My husband & I got into an altercation, it got physical on both sides. Now I was trying to defend myself (he left a variation of bruises on me, him on the hand only had one). I would like to press charges on him but he threatened me, he said that if I press... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

Talk to a Texas-based immigration lawyer about whether or not deportation is a legitimate concern under current case law out of the 5th circuit as it relates to recklessness as a culpable mental state in the Texas assault statute.

A person can report a crime to law enforcement, but they...
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1 Answer | Asked in Criminal Law for Texas on
Q: What can I do to get missing police video of a arrest that would show my brothers innocence. All other video is there

It's like they cut camera off and back on after what happened and it's the only part that would show what he is being accused of, it's just cut out and we need whole video

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

His attorney should request the CAD (ie computer aided dispatch) report from the prosecution. There are two variant types of the report for Austin Police Department, but both should include the badge number of every dispatched officer and other details like which vehicle they were in, what time... Read more »

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: Can I help protect my son from a case of aggravated assault? I don't want to excuse what he did but dont want him jailed

age 14, aggravated sexual assault.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

You son's future depends on how this case turns out so hire the best criminal defense attorney available who takes juvenile cases.

3 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: Should my son give a statement to investigator

So a month ago my 11 year old son exposed himself to a younger girl.we know it's not right CPS was called CPS closed out the case and he has been in therapy since then to try to figure out what happened it was completely unnormal for him to do this. However last week we got a call from an... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

I agree with my colleague. The cop is lying. Happens all the time. He would be within his discretion to close out the case without interviewing your son. He just wants to give your son a chance to confess, or to say something that can be twisted into a confession.

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2 Answers | Asked in Criminal Law and Communications Law for Texas on
Q: I have someone threatening to file harassment charges on me for sending a fb message. Can they do this?

This man posted a racist statement in a public Facebook group. I sent the screenshot to his sister and daughter. I also messaged his wife asking why she deleted me. I have not contacted any of them since, and have asked him to stop contacting me after his initial threat. He sent another message... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

Texas has a misdemeanor criminal offense named Harassment which can be committed in several ways, including sending 2 or more annoying electronic messages. Furthermore, committing Harassment on multiple occasions is one of the ways a person can commit felony Stalking. Both crimes are defined in... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: My father committed suicide a month ago. His wife at the time knew he was going to do it. is there anything i can do?

His wife knew when and where it was going to happen the same day he committed suicide and nothing was said to anyone. She saw on their bank statement he bought a gun and proceed to keep it to herself.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2020

Criminal Law:

It is against the law to allow a child under 17 unsupervised access to a loaded firearm, but there is no such law for adults. Buying a gun is not a crime and actually committing suicide is not a crime. Helping a person commit suicide is class C misdemeanor, which is the...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can you be granted parole with an outstanding open case, and then arrested and extradited for that case 6 months later?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2020

There is no one simple answer that is generally applicable so you should consult your attorney if you need specific details of a specific case. In the general sense, the answer would be immediately apparent if you change the question to "Can a huge government bureaucracy make a mistake when... Read more »

3 Answers | Asked in Criminal Law for Texas on
Q: I’m not eligible for indigent court appointed. And the attorneys I spoke to so far seem to be made of put gold. What now

Assault Agg felony 2 I need someone fast court 3weeks

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 30, 2020

If you need open-heart surgery do you want a great surgeon or a cheap surgeon? The penalty range is 2 to 20 years in the state penitentiary and a lifetime as a convicted violent felon. The outcome of this case could change the course of your life and the lives of your dependents. Your future is... Read more »

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1 Answer | Asked in Criminal Law, Family Law and White Collar Crime for Texas on
Q: How long do I have to press charges against a family member who signed a promissary note after promised funds were spent
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 30, 2020

The statute of limitations is the hard limit beyond which prosecution is barred. You can find them in chapter 12 of the Texas Code of Criminal Procedure which I will link below. Generally speaking, the longer you wait to report a case, the less interested law enforcement will be. Just because a... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: If you violated your domestic violence probation with a second domestic violence how long of jail will someone face?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 30, 2020

If probation is revoked on the initial charge then sentence was already specified (unless it was deferred adjudication in which case the entire punishment range is possible.)

The second one is a separate crime which could be charged as a third-degree felony because of the prior case. The...
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1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Q: My friend was arrested over 3 months ago and has not received his police report.

My friend was arrested over 3 months ago and has not received his police report. They keep telling him it's not ready. How long can they withhold his report?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2020

Pursuant to article 39.14 of the Texas Code of Criminal Procedure, copies must be provided to the defense attorney "as soon as practicable after receiving a timely request." Appeals courts have ruled that the clock doesn't really start until the formal charging document is filed by... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Since police records are public, can anyone go to the police station and request one?

Since police record are public can anyone go to the police station and request one? For instance, if I wanted to get the police record of someone else, will I be able to without any problem?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2020

Yes, but there are multiple exceptions in the law that allow law enforcement to withhold or redact certain information if they follow the process outlined in the law. You can read the law for yourself in chapter 552 of the Texas Government Code. Here is the link:... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Assault with intent to restrict or impede breath / circulation: bond amount and sentence prediction

they have prior family violence convictions?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2020

Even with no prior felony convictions, it could be prosecuted as a SECOND DEGREE felony pursuant to Section 22.01(b-3) based on a prior misdemeanor family violence conviction or deferred adjudication. The punishment range is 2 to 20 years in the state penitentiary. It would be foolish to attempt... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Is there a such thing as a felony other and what is it?

Is there a such thing as a "felony other" charge and what is it? My friend said he has a charge of a felony other.

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

Texas has about 2500 possible felonies and many of them are not in the Penal Code and almost never charged. Did you know that there are 11 felonies a person can commit with an oyster?!?

1. theft of oysters placed on a private seabed

2. interfering with an oyster buoy or marker...
Read more »

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