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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law for Texas on
Q: I am a cuban. I was paroled upon entering the USA. My paroled expires before I am eligible to apply for I-485.

My paroled will expired before I am eligible to apply for i-485 (The Cuban Adjustment Act of 1966 (CAA))

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 10, 2022

To get the best answer, you should probably re-post this question with the topic tagged as Immigration instead of criminal law.

1 Answer | Asked in Criminal Law for Texas on
Q: What law could allow a 1st degree murder charge drop to a 2nd degree due to lack of malicious intent to murder?

Im just trying to figure out the correct terminology for it if any.

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 10, 2022

Intent to cause harm or commit a felony is pretty much baked into the definition of murder so perhaps you were thinking about the lower-intent offenses of Manslaughter or Criminally Negligent Homicide. The only way to get Murder down to an F2 is "sudden passion" which is an affirmative... View More

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: After being married for 40 yrs what am I entitled to as far as things we earned togethe a house and 61 acres that's paid

Off and about 22 head of cattle? And being verbally abused for 10 yrs?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

Regular verbal abuse doesn't count as domestic violence under Texas law but it can if it includes threats to inflict injury, pain, or property damage. Talk to your divorce lawyer.

1 Answer | Asked in Criminal Law for Texas on
Q: Can I back out from a trial jury and decide to take a plea instead?

I went to court and was offering on the spot a plea to turn my felony to a misdemeanor or option to set my case for trial. I do not want to take my case to trial , My lawyer said we were going to set it to trial to buy more time, but that we were not going to take my case to trial my question is... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

I kinda doubt your lawyer would have set the case for trial if she believed that the Assistant DA would respond by taking the offer off the table. In most cases, both sides would prefer to reach a negotiated settlement to a trial and seeing that date creep closer on the calendar has a way of... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: Can this no contact order from Arkansas be enforceable in Texas
Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

Yes, some of them are covered by an interstate agreement. See chapter 88 of the Texas Family Code. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.88.htm

1 Answer | Asked in Family Law for Texas on
Q: My Son got a protection order placed on him under false alligations. He was solo. Send evidence to her attorney?

He have paternity case going on. Plus he got served two days prior to hearing. Asked for a reset to get attorney. Denied! 14th amendment?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

If it was a protective order issued under the Family Code then the law only requires he be given 48 hours notice before the hearing. Be aware that her attorney is not a neutral investigator. Ethics require her attorney to work in her best interest, so sending her attorney anything won't do... View More

3 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: can i be charged with 3rd degree with only having 1 piece of evidence of me saying i threw out a cup of alcohol

i was pulled over for not making a complete stop at a stop sign and i told the officer that i tossed a cup of alcohol out of my window when i seen him turn on his lights. i was going down a underpass when i tossed it theres no dash cam footage or any other evidence that i did this except for me... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

Yes, a recorded confession can absolutely give the officer probable cause to justify an arrest. Ask your criminal defense attorney to watch the recording and give you an opinion on whether or not it is enough for the government to prove its case against you beyond a reasonable doubt.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Repaying a gifted down payment for a house.

I purchased a home in July of 2021 in the state of Texas. My now ex-fiance gifted me 7750 to put down. She has kept 12k worth of rings I purchased for her stating they are a gift. I told her if she will give me the rings back I will give her 11k dollars. She wants to keep the rings and me give her... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

First, be aware that the wholesale value of a diamond ring that costs $12,000 is probably in the range of $2,000 to $3,000 and almost certainly less than $7750 even if they are unworn rings from Tiffany in the original packaging. The appraised value certificate they give you for insurance purposes... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can a cop search you on my property without anything no crime taking place because of a call saying I was arguing w/ gf

Cops were called by someone not in the home for domestic disturbance but me and my girlfriend were already over it's and the cops walked up into my yard and questioned us and their was no arguing or fighting they even questioned my niece n nephew and they said no they asked to search me I told... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

Hire the best local criminal defense attorney who will watch all four of the officer's BodyCam videos and determine if there is any good argument that can be made to challenge the legality of one or both of the searches.

2 Answers | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Q: As passenger in a vehicle should I be held accountable for something that was found in the vehicle during a traffic stop

I was getting a ride from acquaintance . I was sitting front passenger seat of a mini van.

I just got into the vehicle not only two miles down the road the cop pulls him over for making an illegal turn. The vehicle ended up being searched and the cops found a bag carrying illegal... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

Look up the term "constructive possession" to get an idea of what you're up against and then hire a local criminal defense attorney. If you think can't afford it then swallow your pride and ask a family member to help. A case like this can ruin your future. It's too... View More

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2 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Can I re i initiate contact with my spouse after a magistrate emergency protection order expires or do we go to a hearin

was arrested an an emergency protection order was issued by the magistrate due to family violence. I was served and the order expires in a week. My partner does not wish to prosecute but I am complying with the order by staying away and not having any type of contact. Can we expect a hearing or do... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

I agree with the other attorney and would add that sometimes the judge puts a no-contact condition on a jail-release bond. Here in Travis County that is especially likely on PR bonds and felonies.

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1 Answer | Asked in Criminal Law for Texas on
Q: Why would they wait to file charges and why were they waiting for felony disposition? How do I find reason for no bill?

Arrested 10/22/21 for POSS CS PG 1/1-B <1G and POSS DANGEROUS DRUG. The felony was filed 10/25/21 and then no billed on and disposed of on 03/22/22. The misdemeanor was filed 12/02/21

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 3, 2022

Grand Jury deliberations are secret so the best way to find out exactly what happened is to ask one of the attorneys involved. If that's not an option then you could go to the clerk's office and examine both files because they may contain some paperwork that explains what happened. It... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: If the DA excluded the reason the crime was committed and fabricated a story because of a persons affiliation from 20yrs

Ago. Made him look like a monster plus put another charge on him and not the others. Also a biased judge. What are you able to do?

Louisiana

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 3, 2022

If this happened in Louisiana then you should ask an attorney licensed in Louisiana. This website shows questions to attorneys based on the location of the person who asked the question. Since your question is from Friendswood, TX, the question is presented to attorneys in Texas. It might be a... View More

1 Answer | Asked in Criminal Law for Texas on
Q: How can an individual be charged with theft if said individual never left site of incident with anything he was accused

Possible theft charge in texas, accused by gameroom staff of taking money from machine, forced by staff to empty pockets and staff confiscated all money I had. Police called and placed me in cuffs and arrested me on site, but I never left the place with any money. Truck impounded and money in truck... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 3, 2022

They can do it because generations of voters have supported politicians who promise to be tough on crime. That's how. They could have arrested you, taken you to jail, and impounded your truck for the "crime" of Theft from the Tooth Fairy. No such thing as the Tooth Fairy you say?... View More

1 Answer | Asked in Personal Injury and Criminal Law for Texas on
Q: I have been a victim of simple assault by an adult can I charge him with assaulting a minor? I turned 18 6 months ago.

I have an audio recording of the man putting his hands on me and pushing me. There is also multiple cameras on property that caught exactly what happened video and audio. I want to know if there is a way I can charge him with assaulting a minor concidering I turned 18 6 months ago.

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 3, 2022

Texas does have a crime called "Injury to a Child" but that only applies when the victim is 14 years old or younger. So it sounds like this would be a regular misdemeanor assault. However, if the person is a parent, step-parent, guardian, or otherwise had a responsibility for your... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: probation was revoked they keep setting it back my next court date is after my probation ends and they keep telling me

That I need to get my community service done..and that I don’t have to report to a officer no more..I’m confused?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 25, 2022

If the motion to revoke and the associated warrant were filed before the end date of probation then that original end date doesn't really matter anymore.

1 Answer | Asked in Criminal Law for Texas on
Q: Is it property theft if an ex refuses to let you pick up your belongings after a break up and asks for money?

When I broke up with my ex I moved out of her house with the understanding that I would be back at a later date to pick up my belongings (furniture, tv, etc.) all of which I owned previous to our relationship. However before I could do so she refused to let me get my things and blocked my number.... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 25, 2022

It's not technically Theft if she formed the intent to deprive you of the property after you entered the agreement and the property was already in her possession. The existence of the agreement actually shows her intent changed at some point after the fact... So if it is not theft,... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Looking to learn eligibility for either expungement or non-disclosure for charge on 2-6-16. Received 3 years probation.

Need advice on expungement or non-disclosure eligibility

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 25, 2022

Three years probation means it was a felony. If it was regular probation then you are not eligible. If it was a Deferred Adjudication probation that started on 2-6-16 and was completed successfully on 2-6-19 then you may become eligible for nondisclosure on 2-16-24 if you have not had any other... View More

3 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: Victim file false police report

Hello so we hired a attorney and for the case we are wanting to present a grand jury package to the grand jury to favor in a no bill. But are lawyers are suggesting we do something called a examination trail instead can you tell me what that is ? And isn’t it done after indictment? The defendant... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

There is a reason a Motion for Examining Trial is informally known as a "Motion to Hurry Up and Indict My Client."

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2 Answers | Asked in Criminal Law for Texas on
Q: I need to press charges on a male sheriff who assaulted me a female. What is the process?

I am being charged with attempted assault on a peace officer, however I am the one who was handcuffed and assaulted. I was knocked unconscious and sustained multiple injuries.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 7, 2022

A person is only allowed to fight back in self-defense against an ILLEGAL use of force. It is legal for a peace officer to use force if he reasonably believes it is immediately necessary to make an arrest or to prevent escape. See section 9.51 of the Texas Penal Code. The officer will probably... View More

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