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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What are the extradition laws on arrests?

If a person is arrested in one county for a warrant in a different county, is law enforcement required to take them to the county jail of their jurisdiction? For instance, if a person has a warrant in Liberty County but is arrested in Montgomery County by an officer who works in Montgomery County,... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 2, 2020

Extradition is about out-of-state warrants and is covered by chapter 51 of the Texas Code of Criminal Procedure.

This question is about out-of-county warrants and that is covered in chapter 15 of the same code. When a person is arrested on a warrant they must be taken to a magistrate with...
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1 Answer | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: can i get a protective order that was placed when i was 16 removed when i’m 18 in texas?

my mom found out back in 2019 that i was having sexual relations with a 19 year old when i was 16. she tried saying he had sexually assaulted me and i don’t know if she successfully got those charges pressed. considering he is not in jail i think she couldn’t since it was consensual. he is 3... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 2, 2020

Yes, and also when you're 17 if the protective order was issued based on alleged sexual assault. On your 17th birthday, you became eligible to file an application with the court to rescind the protective order per Article 7A.07(b)(1) of the Texas Code of Criminal Procedure. After January 1,... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: I’m 17 and my sisters child’s father punched me in my face twice and hit my sister which is pregnant will he get charged

We’ve already made a report that we wanted to press charges

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

If the incident has already been reported it is now up to the police to decide when (and if) to pursue criminal charges.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My grandparents kicked me off of our land because I’m gay, I’ve paid the land taxes for the past 8 years.

They will not allow me to come back to the property to collect my belongings. I don’t know if I have any rights to the land because I’ve been paying land taxes for 8 years. In the last two years I’ve been remodeling the home just to have to ripped away from me.

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

Contact the precinct Constable's office for the address of the property and ask if they can provide a civil standby for you to retrieve your personal belongings. If they can't, ask if they know which law enforcement agency can. They may have another name for it besides a... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Gov & Administrative Law for Texas on
Q: I got video of cops making illegal arrest no warrants and taking pics of drugs they had and pinning charges on friend
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 30, 2020

Provide a copy of the video to your friend's criminal defense attorney.

See chapter 14 of the Code of Criminal Procedure if you are curious about the list of situations where a peace officer can make an arrest without a warrant. https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm

1 Answer | Asked in Criminal Law for Texas on
Q: What if i forced the meth on her right before cop walked up an she panicked an put it in her pants not knowing before

Before the cop walked uo she was unaware i had it on me. She justed freaked out an stuffed it an told the cops she had it she never lied about it. Bc it wasnt hers she just didnt tell on me. If i sign an apidavit can the charges be dropped on her if i swear she was unaware.

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

Unaware? If you had given her an old used wrapper from a Taco Bell burrito supreme I'm guessing she wouldn't have stuffed it in her pants.

2 Answers | Asked in Contracts and Criminal Law for Texas on
Q: Is it a felony to try to enforce a business loan with no signed note? Is it a also an offense to add interest to said lo

There was never anything signed

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 28, 2020

No, sounds like a matter of civil law, not even a crime. I suppose it depends on what you mean by "enforce." Violence or imminent threats of violence can be a crime.

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1 Answer | Asked in Criminal Law for Texas on
Q: My husband was arrested over three years ago for burglary of habitation and hasn't hear from court since. What is next?

The arrest happened in Texas in July 2017.

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 27, 2020

Your husband should talk to his criminal defense attorney about the status of this case.

1 Answer | Asked in Domestic Violence, Family Law and Personal Injury for Texas on
Q: I am a victim of domestic violence. My offender pleaded guilty to a class c misdeameanor. I want to sue him in civilct

I need references to an attorney that can help me. The abuse happened in his home in Desoto Texas.

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 27, 2020

If you want to sue for money damages then you're probably looking for an attorney who practices Personal Injury law.

A guilty plea to a Class C misdemeanor domestic violence may not, in and of itself, help you prove any significant monetary damages. There are two types of class C...
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2 Answers | Asked in Domestic Violence for Texas on
Q: I have a no contact order against somebody and he requested see a mutual animal
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 27, 2020

You'll need to examine the exact text of the order to determine if this type of contact is allowed. Some court orders prevent all contact except through attorneys, others only prevent threatening contact... some even specify a type or method of contact that is allowed.

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2 Answers | Asked in Criminal Law for Texas on
Q: Can I get arrested for having pure powder caffeine?
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 27, 2020

You can be arrested based on the officer's belief but the prosecution will need proof beyond a reasonable doubt to win a conviction at trial. If there was zero controlled substance then you shouldn't be convicted unless you take a plea for some reason.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Hi, I just had my academic records subpoenaed. Are they pulling these for witness protection? Or just for general info?

I am involved as a victim in an assault case. I hope this helps explain things better. I’m just wanting to know so I can calm my anxiety.

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

They don't put much effort into "witness protection" besides initially giving the alleged victim the information required by law and then later having the "victim services" counselors reach out in an attempt to convince you to help the prosecution... to this end (and... Read more »

3 Answers | Asked in Criminal Law, DUI / DWI and Federal Crimes for Texas on
Q: 5 yrs after completing probation a felon of a DWI is allowed to have gun rights back. Am I allowed to hunt with shotgun

I completed my probation in 2013 and in 2018, by Texas law, I am allowed my gun rights back. From what I understand, A felony DWI in Texas is not a Federal crime, so that would mean that In Texas I would be allowed to hunt with a rifle or shotgun, correct? I just need some clarification.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 24, 2020

It would be a violation of federal law for you to be in possession of a firearm or ammunition and it would also be a violation to give, sell, or otherwise transfer one of them to you.

Any offense for which the state could sentence you to more than one year of incarceration counts as a...
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3 Answers | Asked in Criminal Law for Texas on
Q: I'm asking on behalf of a friend. If his girlfriend is 13 and the boyfriend 18. And the girlfriend is pregnant. But the

Parents have them consent. Is that ok or?......

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 24, 2020

In Texas, it is not legally possible for anyone under 17-years-old to effectively consent to sexual contact. Because she is under 14, he could be charged with Aggravated Sexual Assault of a Child, even if he didn't know her age.

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1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Texas on
Q: Is it illegal to photoshop a KKK hood onto someone?
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 21, 2020

If you mean "illegal" as in a criminal offense then no, it isn't a crime unless the photo was already illegal for some other reason like child pornography.

My firm focuses on Criminal Law where the government prosecutes crimes. There is an entirely separate part of the legal...
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2 Answers | Asked in Criminal Law for Texas on
Q: Can an officer from Ellis county pull you over in dallas county, arrest you, and book you into Ellis county.

The aledged offence was in Ellis county. Was not arrested for the aledged offence nor charged with it.

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 21, 2020

If there is an arrest warrant you can be arrested anywhere, see https://statutes.capitol.texas.gov/Docs/CR/htm/CR.15.htm#15.06

The rules for arrest without a warrant are here: https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm#14.03

It is common for a person to be pulled over...
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1 Answer | Asked in Criminal Law for Texas on
Q: Getting legal consultations before turning myself in. Hoping to receive the max sentence to set the balance right...
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2020

Do these two things:

1. Repost to clarify your question, and while you are at it ...

2. Clarify the jurisdiction in which the case is pending. Is it Morrison, Colorado, or somewhere in Texas?

1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I filed restraining order against my husband in CA. Judge made rulings against me - move out order. Is is legal?

I filed restraining order against husband (married 15 years in CA). I had copy of sheriff's call logs , medical record about injury and witness of incident. Judge ignored all evidences and made rulings against me (petitioner)- move out court order from family residence. There are no cross... Read more »

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

If you are asking about a court case that is pending in California then you should re-post your question except change the location California even if you are currently in Plano, Texas.

The reason is that when the location is set to Texas, your question will most likely only be seen by...
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2 Answers | Asked in Criminal Law for Texas on
Q: Texas Motion to Adjudicate Guilt. Violated Probation and left County 3 years prior and just got arrested in January

What will happen? My cousin is facing this issue and thinks the court will show leniency even after having a warrant out for three years. He is finally going to court soon.

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

His attorney is the person in the best position to predict what will happen.

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2 Answers | Asked in Criminal Law for Texas on
Q: Can you fire your court appointed attorney. Can the jail with hold your mail

My fiancé is incarcerated in the Atacosta County Jail. He feels as if his lawyers isn't helping home and tried to fire him. His court date was 8/12/2020 And they denied that motion. I sent him a letter about three weeks ago and he hasn't received it.

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

He can hire a different attorney to substitute in and take over the case if it is not too close to trial. However, he can't just fire the attorney and expect the court to appoint someone else instead.

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