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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: I live in a complex where the last couple of months my rent money orders are being stolen. I paid my rent for Jan. 2020

I took my m.o. recite . i proved i paid it. The offie said to go where i purchased it and see who cashed it in. Im i still responsible for my jan rent. Because if it has not been cashed they want me to pay it again. Im not.

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 8, 2020

Unfortunately, the receipt only proves you bought a money order, not that you paid the rent. Hopefully, the money order company will be able to give you proof that someone in the office cashed it. If it is just lost then they can cancel it and re-issue but that process can take weeks!

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: So my bf got bonded out and his burgulary charge is based from he was in poss of a stolen item he didn't know was stolen

And they listed 3 other things on his indicement that neither of us has seen.

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 7, 2020

A burglary conviction can have serious negative consequences for a person's future and it can destroy their career. Your boyfriend should hire the best criminal defense attorney available in the county where the charges were filed. If he can't afford a great attorney, he should ask his parents... Read more »

1 Answer | Asked in Child Support and Criminal Law for Texas on
Q: How does Child support work if the non custodial parent is incarcerated in another state?

In order to continue to recieve my ebt benefits in arkansas (where our child was born and raised), I now have to file child support but the father is currently incarcerated in Iowa and has been since before our son was born. We were never married nor is his name is even on the birth certificate.... Read more »

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

Your question is fundamentally about a benefits program in Arkansas so you'll get the most accurate answers from attorneys who are licensed in Arkansas. You should re-post your question but this time set your location to a city fully inside Arkansas and also add Family Law in the topic practice... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What is the penalty for the offense of prohibited acts in Louisiana
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

This question was posted in the forum for Texas attorneys. You need an answer from an attorney licensed to practice law in Louisiana. I think you'll need to re-post your question and change the location setting to somewhere in Louisiana.

1 Answer | Asked in Domestic Violence for Texas on
Q: Thank you...both answers was helpful...the only thing now is he had court today which they reset to Feb 5 and now they

Added another charge which is, motion to revoke his parole and says he has to go to some court called bop...he still has a 10000 bond on the first charge, but no bond for the second...so we don't know if we're able to bond him out...he actually really didn't do anything...I got scared because he... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

You can call the DA's office and ask to speak to the prosecutor assigned to his case. If they can prove that he did something that caused you pain then he can go back to the penitentiary... and your statements are evidence.

A false report to a peace officer is also a crime but it can be...
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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: It's been 6 months since police report on DV and we still haven't heard anything. Can the state still pick up?

About 6 months ago me and my boyfriend got into a argument and I was being abusive towards him and in order to get me off of him he pushed me and scratched me. It was outside of my job and someone saw they called the cops but he left so they didnt arrest him. I told the cops it was really me who... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

The state has 2 years to decide but the longer it goes, the less likely it is that they will take the case. He should stay on the straight and narrow in an attempt to successfully complete his probation.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: If a person is appealing a criminal case, can the prosecutor of his case be his lawyer on the appeal?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

Check the rules on Conflict of Interest, especially Rule 1.06 through Rule 1.09 of the Texas Disciplinary Rules of Professional Conduct.

2 Answers | Asked in Criminal Law for Texas on
Q: looking for an attorney that takes court of inquiries in texas
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

Whatever it is you are trying to accomplish, a court of inquiry is probably not the right tool for the job. A court of inquiry must be initiated by a state district court judge and it must be assigned to a different district judge, that second judge is then assisted by the county prosecutor...... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Protective order placed on while minor now 18 how do I remove it

Want to be able to see my dad

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

You can't, but the judge of the court that issued the order can modify it. Hire a local attorney to file a motion requesting the modification. You are looking for a local criminal defense attorney who handles family violence OR a family law attorney that handles divorce and child custody matters.

1 Answer | Asked in Criminal Law for Texas on
Q: How would I go about finding out what exact place was burgularized that my bf is being accused of?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

The most direct route is to ask his criminal defense attorney. If you want to do it yourself then contact the District Clerk's office in the county where the charges are pending and ask for a copy of the officer's affidavit that explains the "probable cause" for the arrest. It is a public... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Texas on
Q: i got angry and left a vm to my exes new fling said if you hurt her you will pay is that considered threatening?

There was no specifics and the rest of the vm was basically take care of my ex but now the fling is threatening legal action. she threatens legal action over everything. Is that a punishable offense?

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

Depending on the exact contents of the message, it could be criminal Harassment punishable by up to 180 days in county jail and a fine up to $2,000. If the threat could reasonably be interpreted as a threat for violence then it could be classified as Dating Violence and the person could seek a... Read more »

3 Answers | Asked in Criminal Law for Texas on
Q: My fiancees lawyer will not return calls or even tried to contact us at all since her release in October

She dont wanna be on the run but she dont wanna go back to jail. We need help in every way.

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

Your fiance should make a virtual "paper trail" by sending an email requesting a meeting. If she does not know the email address then call the office and get it or look on the attorney's website. If the email is not answered within a few days then send another one.

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3 Answers | Asked in Criminal Law for Texas on
Q: Can u be charged and warrant issued for a Charge u didn't have or knew anything bout til u get arrested

My boyfriend got arrested for a class c warrant and didn't know anything bout a warrant for a burgulary charge he never had. Happened in Victoria county texas

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

He could be arrested for burglarizing the home of Spongebob Squarepants. Now you might be thinking, "Well Spongebob does not live in a pineapple under the sea and that he is not real" and you would be correct. Those are excellent defenses that will prevent him from being convicted (unless he... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: I am owed restitution by a defendant who has filed an appeal- is there any motion I can file to get paid -appeal or not?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 4, 2020

If you are the alleged victim then you have the right to be informed by the prosecutor about significant developments in the case. The law describing your rights is here: https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.56.htm

Ask the prosecutor if the imposition of the sentence was...
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1 Answer | Asked in Criminal Law for Texas on
Q: APA 3 Exhibits to Dismiss With Prejudice, Judge dismiss Without PreJudice, is State required to bring back Exhibits

Assistant Prosecuting Attorney provides 9 reasons for dismissal of charges of Indictment. Asked dismiss With Prejudice. APA submits 3 State Exhibits of transcripts from audio recordings of defense Counsel Private Investigator. Shows victim says she had lied, that mother and mother's boyfriend gave... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 4, 2020

If those exhibits were allowed into evidence during a hearing on the record about the motion to dismiss then those exhibits will be in the court's record of the first case.

Suppose there is a second indictment based on the same incident with a different prosecutor... and suppose this new...
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2 Answers | Asked in Criminal Law for Texas on
Q: I was arrested in a prostitution sting but during arraignment they told me that i wasn't being charged?

the judge told me i wasn't being charged and didn't have to post bail but that in the future a case could be filed if they wanted to, they also have not given my phone back, could they be building a case against me? this would be my first ever offense and every time i look myself up it says i only... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 4, 2020

Charges can technically be filed for up to 2 years from the date of the incident for misdemeanor prostitution (first offense on this charge is a misdemeanor.) If you keep your nose clean until the limitations period expires you could become eligible for an expunction to remove the prostitution... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: If someone has a warrant in another state (CA) 3 years ago, can it be transferred to the current state (TX) to serve?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 3, 2020

I assume you are asking about a state court arrest warrant rather than a federal warrant. There would not be a transfer because a law enforcement officer in Texas can make an arrest on a California warrant. However, California would be responsible for paying the expenses to transfer the person... Read more »

3 Answers | Asked in Criminal Law for Texas on
Q: Okay last night this guy I had been seeing told me to come over and to bring some drugs and I wanted to see him so I

Pretended to have drugs and got inside and when he found out I didn’t have them he got mad and told me to leave and I said“ no call the police. So he got more mad and started to chase me then he picks up a knife and grabs me and put the knife to my throat so I hit him 5 times in the face when... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 3, 2020

You could be charged with a felony. You only have a right to self-defense against him if his use of force was unlawful. The use of force to terminate trespass can be lawful. You were trespassing when you failed to leave when asked, even if you were initially invited into the residence.... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: How do I file a complaint on a bailbond company in Texas

My boyfriend used a bail I didn’t company for a cash bond which meant he would have gotten his total amount of cash bond back except for the company’s fee but we have gotten nothing but the runaround for nearly a year now. They tell us one thing and then another. We have even gone as far as... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 3, 2020

This isn't really a criminal defense questions but I'm not sure which practice area would be a better fit... I might want to check whether or not there is a "Bail Bond Board" for the county where the bond was posted. However, I also wouldn't be surprised if they don't want to get in the middle of... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is sexual harrasment is illegal in Arlington Texas
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 3, 2020

Harassment is a crime defined in Chapter 42 of the Texas Penal Code. Look it up and compare the specifics of your situation to the law. Also, one of the ways to commit the crime of Stalking is to commit Harassment on multiple occasions and lucky for you the definition of Stalking appears... Read more »

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