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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Texas on
Q: How do I get a case dismissed that I was indicted for in 1998 after finding out the indictment was wrong?

In 1998 I was sentenced to 5yrs probation for failure to register, after pulling the record and the true bill of indictment

I realized that the reportable conviction they used to get the indictment I was never convicted of nor was I ever charged with this crime. After all the years that... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 14, 2021

If anyone can fix the conviction, it will be an expert in criminal appeals, and that will be expensive. However, if you were granted a pardon by the Governor of Texas, then you could file for an expunction of the records. That might be just as good of a result, depending on your goals.... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: I want to sue the state for not protecting me against family violence and abuse . I have videos never able to use .

Deformation of character . Protection of a abuser as they made me lose jobs ect . Videos never able to enter.

Was told it’s not abuse to make me lose everything . Control of finance and able to support myself is abuse . He wanted to see me homeless or take him back .

Using the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 12, 2021

If you want to sue the state regarding a law enforcement issue then you should consult an attorney who files Section 1983 civil rights cases in federal court.

1 Answer | Asked in Criminal Law for Texas on
Q: Indictment ona 3rd deg felony in Burnet county: Untrue enhancement due to a prior that was never comitted by the defen

Nor is there an existing cause number as stated in the indictment notes as reason for enhancement. Also no judges signature or county info on the indictment. Indictment received in the mail at the address where alleged victim resides also the defendants residence, but there is a protective order... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 12, 2021

I'm not sure what your question is but the prosecution will have the burden of proving the enhancement paragraphs.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can an Officer make you get out of your car, search, and question u when your windows are covered and you're asleep
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

An officer can investigate a person sleeping in their car to make sure they are safe and not in medical distress but they shouldn't be searching without consent unless they saw or smelled something during the initial investigation that indicated a crime.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Midland county. Arrest 06-19. Misdmeanor. Dismissed and Bond returned 09-20. ARRESTED on same case 08-21. false arrest?

Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Was pulled over for a traffic violation, asked to step out of the car, asked if he could search the vehicle

the answer was NO He did anyways was arrested unlawfully and was illegally in jail for over a month till someone advocated for me and had all the charges lifted. A very painful agonizing ordeal for many, what do I do now? Can I file a civil suit against the department against the county against the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 10, 2021

You should consult an attorney who takes FEDERAL civil rights cases under Section 1983.

From a criminal law perspective, the severity of policy mistakes that could result in a prosecutor dismissing a case is lower than the severity of police mistakes necessary to justify a ruling against...
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2 Answers | Asked in Criminal Law for Texas on
Q: My son is under investigation for aggravated assault and cop keeps calling wanting me to take him for fingerprints.

He was defending himself and the girls he was with as this kid was going around the park bullying and assaulting girls. Touching them. My son who is 14 told them to back off multiple times and he shoved my son who in turn punched him. The kid ran to his dad who called the cops because he said my... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 9, 2021

Stop talking to the detective and have a private consultation with a criminal defense attorney who practices law in the county where the fight occurred... not just any criminal defense attorney, but one who has experience with juvenile cases because they follow different procedures.

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2 Answers | Asked in Criminal Law for Texas on
Q: My husband is charged with aggravated assault of a family member, he has a lot of mental health issues he needs help

He needs an attorney that will fight to get him mental health help and not being institutionalized because that will do nothing to help him. He has no money and lost his job because of it. I’m not sure what to do because I’m the victim and he cannot have contact with me. His court appointed... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 9, 2021

Nobody ever ACTUALLY works for free in any line of work. You can't even mow a yard for free. If you are not being paid for work then you are diverting resources from somewhere else in your life to cover your time and expenses.

Properly defending a second-degree felony charge is...
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1 Answer | Asked in Criminal Law for Texas on
Q: Someone called in and said that there was a blonde female in the car doing drugs

Nobody was doing drugs there is only a female asleep and she was not blond the police found a needle in the vehicle that was used but the female was nowhere near the needle where they found it in the the vehicle was not hers can they charge her with possession

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2021

You can be charged with any offense that an officer believes you committed but you can only be convicted if the prosecutor can prove every element of the offense beyond a reasonable doubt.

The cops have a "community caretaking" role that is separate from their law enforcement...
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1 Answer | Asked in Criminal Law for Texas on
Q: My repo man attacked me and I didn’t threat or attack or try to block or stop him he already had my truck he came back

And said I stole his phone he dropped the phone in my yard attacked me and my husband

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2021

The use of force may be legally justified to prevent theft or to prevent escape after a theft. However, if he was mistaken and had simply dropped his phone then there was no theft and his use of force was not justified. In that scenario, it sounds like the repo man committed the crime of Assault... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: can a cop search my car without probable cause and without my consent?

I got caught with edibles the cop who searched my car never asked if he could search my car and he had no probable cause.

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2021

Your criminal defense attorney will discuss the matter with you privately and then review the BodyCam and DashCam footage, along with the officer's written report. Then, your attorney will ask the court to suppress the evidence if there are grounds to believe the search was unlawful.

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Identity Theft for Texas on
Q: My bank fraudulently approved another who stole $65,700 from my savings. They won’t return. Much more
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2021

Contact law enforcement if you believe a crime was committed. Contact a civil attorney if you want to file suit for return of the money.

1 Answer | Asked in Criminal Law and Sexual Harassment for Texas on
Q: What if the person did not commit the crime he is accused of
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2021

The person enters a plea of not guilty and demands a trial by jury. The person will only be convicted if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. The jury must be unanimous in their decision.

The better the attorney representing the...
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1 Answer | Asked in Criminal Law for Texas on
Q: I have a felony conviction drug possession less than a gram. Is there anything i can do to lawfully own a firearm.

No burglary or robbery or violent past

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 3, 2021

You could apply for a Restoration of Firearm Rights using the form on this page: https://www.tdcj.texas.gov/bpp/forms/forms.html

1 Answer | Asked in Criminal Law for Texas on
Q: What does NOTICE OF DENIAL FOR ALTERNATIVE PROGRAMS

He has been approved for a rehab program, will this affect that?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 3, 2021

Terms and abbreviations are not standard from one county to the next so, if this happened in Dallas County, try calling a criminal defense attorney who has an office in Dallas. The very best person to call is probably the defendant's own attorney.

1 Answer | Asked in Criminal Law for Texas on
Q: What is the maximum punishment for interfering with a 911 call?
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 3, 2021

Under most circumstances, the maximum is a class A misdemeanor punishable by up to one-year confinement in county jail and a $4,000 fine. However, if the defendant has a prior conviction for the same offense then it can be charged as a State Jail Felony which is punishable by up to 2 years in... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: During my traffic stop a controlled substance was discovered. I was arrested for possession of 1<4g, suspended licenses.

My truck was impounded. then I was told they seized and plan to dispose of it and all contents - said they were contriband. Is that legal to take my only means of transportation. I have an SR22 & Im in process of obtaining my occupational license

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 29, 2021

This is technically not a criminal law question because it is filed in civil court. There is a ton of information available online so do an internet search for "Texas civil asset forfeiture" to get the scoop.

2 Answers | Asked in Criminal Law for Texas on
Q: My girlfriend got charged with poss cs pg 1 gt=4glt200g she didn't know they were in the car how likely are they to drop

The passenger admitted they were his and that she had no knowledge of them being in his possession she thinks they will drop the charges on her I disagree and think she needs an attorney it's a 2nd degree felony

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

She is facing 2 to 20 years confinement and, even if granted probation she will be facing a lifetime as a convicted felon. In my opinion, this is not something to take chances with and it frankly seems like the same type of risky decision as hanging out with drug traffickers. You might want to... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Is there any chance my husband can get out of prison if he plead guilty only because previously lawyer told him to.

He is in prison for aggravated robbery he also sducidal because of prison and has been diagnosed with depression and schizophrenia

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

If his schizophrenia is so bad that he is detached from reality then talk to an attorney who focuses on criminal appeals about the possibility that he didn't understand the plea. That said, it is possible that, even if released from prison, he may minstead be facing an involuntary commitment... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: If paroled from prison commit another felony while on parole can the new sentence be deferred adjudication?

What happens to the original parole sentence?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

One of the conditions of parole is to stop committing new crimes. A person in this situation can be returned to prison to complete the sentence on the old crime and ALSO be given a new sentence for the new crime. The person needs a parole attorney for dealing with any attempt to revoke parole and... Read more »

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