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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law for Texas on
Q: After completing felony deferred adjudication am I am able to purchase a firearm?

I pled guilty to a family violence charge in which I received 2years deferred adjudication. I completed all my requirements.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 14, 2022

A completed felony deferred adjudication for an assaultive offense DOES count as a conviction for the purposes of the Texas concealed carry license and because it involves family violence, it can never be expunged or sealed by an order of nondisclosure. However, it does not count as a conviction... View More

2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: I was asked to go down for questioning on a crime that they said I did they want me to go give a statement but idk why

I took my dog from my mothers house and her fiancé called the law and said I broke into the house when I didn’t go inside I simply opened the door after seeing my dog and left with her then got callas demanding her back after I called my mom and told her I took my dog . Now they want to press... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 13, 2022

Don't talk to them without an attorney unless you want to make it easier for them to convict you for felony burglary of a habitation.

You can be convicted of this offense if they can prove two things, that you (1) entered without the owner's consent and (2) with the intention of...
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1 Answer | Asked in Criminal Law for Texas on
Q: Am I considered a victim in the eyes of the law if a paper I signed was notorized without my presence

I was lied to on the paper I signed I was told it was for something else so I would sign it

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

If you did not sign the document in front of a notary then it was not properly notarized. Depending on the nature of the document, it is possible that the person who got it notarized committed a crime. The notary may also be responsible if they didn't witness the signature and verify the... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Texas on
Q: Is there a direct phone number for the Texas Court of Appeals? I can’t locate itTrying to find testimony from old case

This was a murder trial in which xx was convicted for the murder of xx

George was my BIL. My sister was too emotional to attend the trial, but is wanting to read testimony, if it can be found

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

The first thing you need to know is whether or not there was an appeal, and if so, which court handled the appeal. If you are researching an old case, try to find a "notice of appeal" document in the trial court file at the District Clerk's office in the county where the trial was... View More

3 Answers | Asked in Personal Injury, Workers' Compensation, Criminal Law and Civil Rights for Texas on
Q: Exceptions to Workers’ Compensation Immunity

I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

Filing a lawsuit to recover damages is not a matter of criminal law.

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1 Answer | Asked in Wrongful Death, Criminal Law and Civil Litigation for Texas on
Q: HiI’m trying to find the complete testimony from the Zani trial, 1981, Texas. It’s very personal

He was convicted of murdering my BIL, xx, in 1967. It’s a landmark case for allowing hypnosis to be allowed as evidence. How do I get a copy of the testimony, or can it be accessed ??

Thanks,

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

If the case was appealed then some or all of the transcript may have been filed with the court of appeals.

1 Answer | Asked in Criminal Law for Texas on
Q: Why have I been subpoenaed for the defense after being made a standby witness to the prosecution.

I've been subpoenaed as a witness for the last 5years for a case that kept being pushed back. Now that it's actually happening the prosecution decided to put me on standby to testify. This made me happy as I didn't want to relive traumatic memories. However, I've once again been... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

The defense can't really rely on the prosecution to have you there unless they subpoena you themselves... They may want the jury to hear your version of events rather than allowing the lying police to embellish the story. Remember, a trial answers two questions: (1) is the defendant guilty... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I have a pending court date for probation violation but it is after my end date how does that work
Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 7, 2022

If the prosecution files the proper paperwork before the probation end date then the end date is irrelevant and you can be revoked and then either extended or locked up. Hire a local criminal defense attorney and follow their advice... which might be to do everything humanly possible to get into... View More

1 Answer | Asked in Divorce, Domestic Violence, Public Benefits and Social Security for Texas on
Q: If I didn't know I had a no contact order because my husband has baby momma named Sheila and she did tiime b4 we got ma

Married for domestic violence. I got arrested for domestic violence in2018 .get out on bond and Covid hits.i get a warrant for not reporting to bail bonds.they drop aggregate assault and got me on a continuous family violence. My mom bond's me out.well my mom died Sept 22. I haven't... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 1, 2022

What to do depends on which jurisdiction the case was filed in. You should hire a criminal defense attorney who takes cases in the county where your case is pending and you should follow that attorney's advice about how to clear the warrant and defend the case.

1 Answer | Asked in Civil Rights, Domestic Violence and Small Claims for Texas on
Q: My ex has been destructive and abusive but I have no “proof” in Texas. What can I do legally to hold her accountable

I’ve lost thousands of dollars in property because in Texas “she’s allowed to break my things.” Including a laptop that I used for school and to support my livelihood through a small business. I’ve been displaced without a home or job, forced to abandon my car and property and fly to the... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 1, 2022

If you are not married then your stuff I not legally her stuff too, and therefore she commits the offense of Criminal Mischief if she decides to break it without your consent. That said, law enforcement isn't usually going to make an arrest in a situation like that unless (1) it is reported... View More

1 Answer | Asked in Criminal Law for Texas on
Q: The officer who searched my car has since been arrested for tampering with evidence. Can my case be dismissed?

He was not the arresting officer but searched my car.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 1, 2022

The prosecutor decides whether or not to dismiss in a situation like this. Depending on the circumstances of the officer's arrest, your criminal defense attorney may attempt to sway the prosecutor's decision by suggesting that the searching officer might have planted the evidence against... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If I consent to a search of property in a criminal matter will the consent apply after the initial sesrch?

I gave consent to search but was told unless I revoke the consent then hey can search as many times as they want. Is that true?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 27, 2022

Do you mean during the single investigation or, like, from now until the end of time?

1 Answer | Asked in Criminal Law for Texas on
Q: My husband's defense lawyer will not release his case file. What can I do?

My husband, upon poor advice of his lawyer, signed a plea deal for a 15 yr sentence in TDCJ. This lawyer did absolutely nothing in preparation for his case, including only communicating with my husband or myself a total of 3 times. One face to face meeting with my husband before he was even... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 27, 2022

Your husband can request a copy of his file.

1 Answer | Asked in Criminal Law for Texas on
Q: Hello, Can someone please tell me if I am able to expunge my record if I pleaded no contest for a class B misdemeanor?

It is the one and only case I have on my record and I want it off. I went to jail for a few days and got time served, this was in 2002.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 27, 2022

No, but if it is your first misdemeanor conviction you can hire a criminal defense attorney to file a petition seeking an order of nondisclosure. This became law in 2017 so most criminal defense attorneys know about it by now.

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Am I responsible if my probation officer has not enforced my conditions of probation?

I was sentenced to 10 years probation back in 2016. I was ordered to do 1 weekend in jail a year until I complete 100 hours to honor the victim and have never done a weekend yet. I got a violation in 2018 and completed the conditions for that revocation. I got another violation in 2020. I was... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 20, 2022

It is YOUR responsibility to comply with the terms and conditions of probation. The court put you on probation and only the court can modify or revoke your probation. Your probation supervision officer's role is to monitor your progress and report to the court regarding your compliance (or... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: No evidence in my file and it's almost trial
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 19, 2022

So? Were you expecting the police and prosecutors to put evidence in the public file? Ask your criminal defense attorney what evidence she has received in discovery and if she has everything she requested. She should be able to show it to you (except other witnesses' private information) and... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is it a crime in Texas for a man to accidentally use the woman's lockeroom restroom?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 19, 2022

No, most crimes require some sort of intent, recklessness, or negligence. Some notable exceptions are statutory rape and Driving While Intoxicated.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: What does M RVK/ASSLT FHM IMP B CIR stand for?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

My guess is: Motion to Revoke / Assault Family or Household Member, Impeding Breath or Circulation.

Unfortunately, there is no standard set of abbreviations and the only way to be 100% certain is to ask the office responsible for it... all anyone else can do is guess. The attorneys...
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1 Answer | Asked in Domestic Violence, Elder Law and Personal Injury for Texas on
Q: If I live with an elderly person and they are harming , neglecting and falsely accusing me of abuse. Can I get in troubl

We are no longer a couple we share different rooms in the same home. She called aps on me several times and self harms herself to say I caused it . She makes herself fall and will sit there without letting any one know she's fallen just to tell them I left her on the floor for hours. , she... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

You can be arrested and charged with a felony if a law enforcement officer believes that you physically hurt an elderly person, or that you neglected a duty to prevent them being hurt. The safest thing is to remove yourself from the situation.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Texas on
Q: What do I do if my ex is constantly texting me vulgar messages after asking her to stop

Police won’t do anything, do I need to take her to court, will she have to pay for legal fees if I do? We have 2 kids together so we need to talk ANOUT THE KIDS but she is constantly tearing me down. SHe hates my girlfriend and talks bad about us to the kids.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

Respond that you are only willing to talk to her about the kids. Do not respond to anything else she sends. If she continues to send those messages after you have been 100% clear AND you have stopped responding, then she is committing the crime of Harassment. The cops probably won't do... View More

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