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Questions Answered by Kiele Linroth Pace

2 Answers | Asked in Criminal Law for Texas on

Q: Is a article 202 warrant for a felony or Misdemeanor in Lafayette Louisiana

Kiele Linroth Pace answered on Sep 14, 2019

It is unlikely that a Texas attorney will be able to give you the best answer. Please re-post this question in the Louisianna forum.

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2 Answers | Asked in Criminal Law for Texas on

Q: (Arkansas Statutes § 16-93-303 (2018).) It's been three years since I want to know what I have to do to enact this

Kiele Linroth Pace answered on Sep 12, 2019

This question was posted for Texas lawyers. We can't help you with laws from Arkansas.

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3 Answers | Asked in Criminal Law for Texas on

Q: Will you go to prison on a second offence of family violence

Kiele Linroth Pace answered on Sep 11, 2019

An assault that would normally be charged as a Class A Misdemeanor family violence can instead be charged as a Third-Degree Felony if the defendant has been previously convicted (or put on deferred adjudication) for an assaultive offense in a case that could be described as family violence or... Read more »

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3 Answers | Asked in Criminal Law for Texas on

Q: Am I able to expunge my felony criminal mischief conviction from 2000 (when I was 17) ? That was my 1st and only arrest

I was arrested with 2 other friends from school after a dumb night of breaking windows. Multiple misdemeanor charges from one night were aggregated into a felony. I was originally given probation that I unfortunately was unable to complete after basically becoming homeless at 17 due to a very... Read more »

Kiele Linroth Pace answered on Sep 10, 2019

Under current law, your only path to expunction eligibility requires a pardon from the Governor of Texas. You can download a pardon application form on the website for the Texas Board of Pardons and Paroles.

Nondisclosure after a waiting period might have been an option only if either (1)...
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2 Answers | Asked in Criminal Law for Texas on

Q: Can you be charge child endangerment for leaving a traffic stop with your own child?!

Even if you wasn’t on a high speed chase

Kiele Linroth Pace answered on Sep 11, 2019

Yes. You can be charged with literally ANYTHING and then it becomes your expense and responsibility to fight the charge. This question is marked for both Texas and Chicago, Illinois. The following answer is for Texas ONLY. If the incident occurred in Illinois then stop reading now because this... Read more »

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2 Answers | Asked in Criminal Law for Texas on

Q: Can I do jail time if I'm on probation for family violence

I was given 0robation for family violence and I am on probation but before I got probation I didn't know that I had another assault charge and was arrested am I going to loose my probation and how much time will I do in jail time

Kiele Linroth Pace answered on Sep 9, 2019

If you were put on probation BEFORE the incident that led to the second charge then it could be a violation of your probation AND that second charge can be a third-degree felony punishable by 2 to 10 years in the state penitentiary and a fine up to $10,000.

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1 Answer | Asked in Criminal Law for Texas on

Q: I was charged in texas for failure to register but I couldn't get an id because I didn't have the proper paper work

Should I have to go to jail just because I couldn't get an id I tried but I didn't have the proper paper work to

Kiele Linroth Pace answered on Sep 9, 2019

The prosecutor's position will be that it just wasn't a priority for you to follow the law. In other words, if you won the lottery and needed to register to collect your winnings then you would have figured it out. Hire a local criminal defense attorney to maximize your chances of getting a... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on

Q: Accused pleads guilty to sex w/ minor but alleged victim and alleged witness may have inadvertently admitted false acc.

20 year old accused of relations with 14 y.o. that frequented his college, a girl they shared mutual friends with started stalking him at college. She allegedly had IMs with him claiming they had sex. He plead guilty which meant no conviction. Honestly I think the 19 year old mutual friend hacked... Read more »

Kiele Linroth Pace answered on Sep 6, 2019

You need to consult with an attorney that focuses on criminal appeals in Texas state courts. It is possible that the defendant waived some of his rights to appeal when he entered a guilty plea and you probably either need the alleged victim to recant and preferably also a statement from the person... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Texas on

Q: Will I be arrested for changing my husband's mailing address to mine? (we are separated)

Kiele Linroth Pace answered on Sep 6, 2019

You could be, but who knows if you WILL be?!? That might depend on whether or not federal authorities can take a break from putting migrant children in steel cages long enough to worry about a little mail fraud.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on

Q: Are police reports public record for city employees to take home.

Long story short, I recently received a ticket for drug paraphernalia for weed. I live in a small town and my ex step mom is the judges clerk so when I called to make an appointment to talk to the judge about keeping it off my record, she’s the one who answered and made the appointment. I just... Read more »

Kiele Linroth Pace answered on Sep 6, 2019

It depends on your definition of Police Report. Many people use that term to refer to the officer's affidavit that explains why there is probable cause to support a warrant, a warrantless arrest, or the issuance of a citation. That sort of affidavit is a public record available to anyone.... Read more »

2 Answers | Asked in Criminal Law for Texas on

Q: I met a guy who told me he could get me an apartment . I went and bought 2 money orders, one for the application fee and

A

Kiele Linroth Pace answered on Sep 5, 2019

Are you certain it is even a real police detective and not a continuing part of this fraud?

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2 Answers | Asked in Criminal Law for Texas on

Q: Do paralegals have to be licensed in texas in order to investigate and interview clients while working for an attorney.

Kiele Linroth Pace answered on Sep 4, 2019

There is no paralegal license, at least not in Texas. There are several different CERTIFICATES with official-sounding names but those just demonstrate that a person has attended certain classes, ethics training, etc.

Earning a certificate or applying for membership in the State Bar's...
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1 Answer | Asked in Criminal Law for Texas on

Q: If I get charged out of texas and I'm originally on probation in texas but have been transferred to Louisiana probation

A

Kiele Linroth Pace answered on Sep 3, 2019

Hire a criminal defense attorney who does regular work in the small Texas town where this is happening. It sounds like you feel the entire town is corrupt but you should be aware that big-city attorneys sometimes get "hometowned" in the rural areas. If you can't someone you trust from the exact... Read more »

2 Answers | Asked in Criminal Law, Family Law and Sexual Harassment for Texas on

Q: Any advice or steps is appreciated. My 14 year old daughter was sexually assaulted by her ex boyfriend. i have a police

Kiele Linroth Pace answered on Sep 3, 2019

You could contact the District Attorney's Office and ask about applying for a Sexual Assault Protective Order based on chapter 7A of the Texas Code of Criminal Procedure.

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2 Answers | Asked in Criminal Law for Texas on

Q: Is a person having a parole violation warrant probable cause?

They were driving someone else's vehicle. Who was present and never asked permission. When this was mentioned the officer told her his warrant was probable cause.

Kiele Linroth Pace answered on Sep 3, 2019

An officer doesn't need a vehicle owner's permission to arrest the driver on an active warrant.

If you are asking about permission to SEARCH the vehicle then please read the case of Arizona v. Gant and rules around "search incident to arrest."

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1 Answer | Asked in Criminal Law for Texas on

Q: What happens if i show up for court and my court appointed lawyer doesn’t show up

Kiele Linroth Pace answered on Sep 3, 2019

The case will probably be reset for a different date. However, if the roles were reversed and your attorney showed up and you didn't... the attorney would do whatever she could to try to convince the judge not to forfeit your bond and remand you to jail pending trial.

2 Answers | Asked in Consumer Law and Criminal Law for Texas on

Q: My mother was scammed in texas..by sending money for a " sweetstakes" ..another woman was scammed into sending a cashier

Chashiers check to my mom who deposited it in her account and wired money as instructed to the scammer...ive just found out she is facing charges IN NEW JERSEY!! ( we are in texas) can that even be legal?

Kiele Linroth Pace answered on Sep 3, 2019

You have to defend yourself even when you are innocent... or maybe especially when you are innocent!

State jurisdiction might be an issue, but she could be prosecuted in federal court for something like mail fraud or wire fraud. If she was herself a victim of the scam, rather than a...
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1 Answer | Asked in Domestic Violence for Texas on

Q: My husband and I have been together for 20 years, he abuses me physically and mentally. We have four children together.

I have cervical cancer. He is verbally abusive to me,I'm afraid because he owns guns he has a bad temper. How can I make him leave the house?

Kiele Linroth Pace answered on Aug 27, 2019

Physical abuse can justify a Family Violence Protective Order but verbal abuse is not enough on its own.

You should contact a Divorce Attorney because there may be other solutions in Family Law.

1 Answer | Asked in Criminal Law for Texas on

Q: What do I do if my son was gunned down and I spoke with an eyewitness that saw an officer of the law shoot 3 times

The office has not came forward with information

Kiele Linroth Pace answered on Aug 27, 2019

I am very sorry this happened. On the Criminal Law side of this situation, you can ask the law enforcement agency for an explanation. Ask them if there is any disciplinary action against the officer. Ask them if there is a current investigation into what happened. Ask them WHEN they can tell... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: I’ve been engaged for 5 years , live together and recently bought a new vehicle for my daily use.

We purchased it for my sole use to get kids back and forth to school etc. He works out of town and is only home 6 days a month. Two days ago he told me he was seeing someone else and to

Pack and move out of his house. Since then I’ve found out when he went to the dealership to ay the... Read more »

Kiele Linroth Pace answered on Aug 27, 2019

The easiest thing might be to rent a U-Haul for a one-way move and count your blessings that you never tied the knot.

In Texas, a resident can refuse to leave unless formally evicted by a court... you can even appeal the eviction to a higher court and drag it out even longer. This seems...
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