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Questions Answered by Kiele Linroth Pace
1 Answer | Asked in Criminal Law for Texas on
Q: How do I get a possession of a controlled substance charge dismissed because it wasn’t in its bottle
Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 14, 2021

Hire the best criminal defense attorney you can get who takes this type of case in the county where the charges were filed... or get a cheap or court-appointed attorney and roll the dice on your future.

1 Answer | Asked in Criminal Law for Texas on
Q: If you hide out on a felony charge how long is the statue of limitations on it
Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 14, 2021

No, because a grand jury indictment stops the clock on the STATUTE of limitations (statute, not statue!)

Prosecutors don't need to know where you are to get a grand jury indictment... so hiding won't help.

1 Answer | Asked in Criminal Law for Texas on
Q: I have 5 convictions on my record - is it possible to prevent 1 of those charges from being seen when applying for jobs?

To simplify things, here is all the information that I believe is necessary to answer my question:

My criminal record has 5 convictions on it, 2 felony convictions and 3 misdemeanor convictions. Both felony charges are for minor drug possession of schedule 1 substances, and the 3... View More

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

Technically yes, you could get a pardon from the Governor of Texas. Realistically no, it hasn't been long enough for a pardon and very few people are ever pardoned. If that theft had been your very first conviction ever then you probably could have had it sealed, but since you have 4... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can the state charge you with "Delivery" even though you never went to jail for that? Only a possession charge?

The state is trying to charge my boyfriend with a delivery charge but when he was arrested he was charged with possession of a controlled substance. How can they "bring this charge down the pipeline, as his court appointed lawyer puts it? How can that be an after the fact indictment?

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

Yes, you can be arrested and charged with any offense they believe you committed. However, you can only be convicted if you enter a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. The state has 3 years from the... View More

1 Answer | Asked in Criminal Law for Texas on
Q: In Texas, what happens when you are out on bond and have not been indicted in 180 days on a felony charge?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 4, 2021

You should talk to your criminal defense attorney about the case status. The DA has at least 3 years to get an indictment on a felony... and more for some felonies. So the problem is that if you get the case dismissed for a delayed indictment then your BOND is also dismissed... then if the DA... View More

2 Answers | Asked in Criminal Law, Domestic Violence, Legal Malpractice and Municipal Law for Texas on
Q: Can the victim can do anything about the lack of victim's rights offered and police & prosecutor not including evidence?

I was the victim of an assault from my ex. He was eventually charged (months after the assault) because I stayed in contact with the police department's Professional Standards Unit. The detective on the case was non responsive until PSU got involved. When the charges were pressed, the charge... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 2, 2021

There doesn't sound like anything else to do in terms of criminal law. However, in civil law you could seek a protective order based on family or dating violence... and perhaps even stalking based on the voicemails. You might be able to sue him for the cost of medical treatment but unless... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: My husband was taken into federal custody for violating the conditions of his pretrial release

But i have shown overwhelming proof that he was not in violation and his attorney REFUSES to petition the court reinstate his bond what can i do. They said that he failed to keep in contact but his phone was in the repair shop for a week and he provided them with 2 CONTACT NUMBERS yet they only... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 2, 2021

Missing a UA is a violation. So is not keeping in contact. Perhaps he has good excuses or explanations but they ARE still violations, no matter how trivial they may seem. Remember that the attorney's primary responsibility is to achieve the best possible ultimate RESULT in the case.... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My husband and i are part of a 33 person 3 count indictment and neither attorney seems to be on our side

My attorney has instructed his attorney not to speak with me even though the only thing i am talking to him about is my husband being reinstated on bond. Doesnt my right as his wife/next of kin, give me the right to advocate for him and trump the conflict of interest possibility? I mean I am not... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 2, 2021

No. Everyone has a right to advocate for themselves but only an attorney can advocate for another person, and then only if that other person is the attorney's client.

1 Answer | Asked in Criminal Law for Texas on
Q: My fed attorney wont answer my emails or even acknowledge that my husband though a codefendant is still above all my hus

Are fed attorneys under no obligation to respect your wishes however ill advised they may be and assist you in achieving pretrial release? or whatever outcome you are hoping for

Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 2, 2021

Your attorney's responsibility is to protect your criminal liability to the best of his or her ability. That doesn't necessarily mean staying locked up if a pretrial bond is possible, but it might mean throwing your husband under the bus to achieve a better outcome in your case. The... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Criminal Investigation

If an individual has reason to believe that they are under criminal investigation, is there a way to find out before being served or arrested?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 2, 2021

There is not a reliable way to find out. About the best you can do is to hire a criminal defense attorney who agrees to reach out to law enforcement and inquire about the status on any investigation. Sometimes a detective is willing to play ball if she understands that you want to take care of... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: What can be done if your attorney refuses to present evidence to prove bond revocation was not right
Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 2, 2021

You can hire a different attorney.

1 Answer | Asked in Criminal Law for Texas on
Q: A minor played a large role in a violent case. At the time he was a member of a gang and is now incarcerated.
Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 1, 2021

I am not clear on the question but anyone age 17 or older is treated as an adult for the purposes of criminal law in Texas.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: In TX is “assault on family” eligible for an order non disclosure?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 1, 2021

No. Any conviction or deferred adjudication on a case involving Family Violence renders the defendant permanently ineligible to seal arrest records with an order of nondisclosure. The way the law is written, this is true even if the judge does not enter an affirmative finding of family violence... View More

2 Answers | Asked in Criminal Law for Texas on
Q: My husband was incarcerated in another jail on the date the indictment is accusing him of a crime, dissmissal.?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 1, 2021

Be aware that a dismissal is not necessarily great news if you are out on a surety bond. If the existing indictment is dismissed then your surety will be released. Then, if they re-indict you with the proper date, you'll be re-arrested and could be required to post another bond.

It...
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1 Answer | Asked in Criminal Law for Texas on
Q: What happens if you have a blue warrant then you go passed your discharge date on parole?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 20, 2021

The discharge date doesn't matter once the blue warrant is issued. Your parole clock stopped ticking. You will be arrested on the blue warrant and then they will decide what to do with you. You could be sent to prison to finish the sentence.

2 Answers | Asked in Criminal Law for Texas on
Q: In TX can you expunge or seal “assault of family” misdemeanor?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 20, 2021

Cases involving Family Violence or Dating Violence are NOT eligible to be sealed, even if the judge does not include an affirmative finding. In fact, the black letter law makes it impossible to seal any other case, even if it is unrelated, after you have been convicted or put on deferred probation... View More

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: What to do if other party not found to serve Texas Tem Exparte Protective Order and notice of hearing ?

I am trying to serve Texas Temporary Exparte Protective Order and notice of hearing in GA through sherif dept. But can't find Defendant. What's next step?

Can I ask judge for eservice to defendant? At his email address?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 20, 2021

Texas Family Code 82.043(c) has your answer.

2 Answers | Asked in Criminal Law and Employment Law for Texas on
Q: In Tx how long does assault on family misdemeanor stay on record for employers.

I thought it was 7 years but that was in 2013 and I just applied for a job (2021) and it came out on my record and I was not accepted. Is the 7years after found guilty date or after the 5 years probation was completed?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 20, 2021

Criminal records never expire. If the employer does a criminal background check then it will show up forever. The seven-year rule is about CONSUMER records so that is stuff like your credit report and liens. Some consumer reports also include criminal information, so those might only show 7... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: If someone has a blue warrant and then their parole goes past their discharge date, what happens to the warrant?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 20, 2021

The warrant is still in effect, the discharge date is not. A parole discharge date is basically meaningless once a blue warrant is filed. You can't finish parole on the run.

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: I just found out that I missed my court date what do I do to not go to jail
Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 14, 2021

Call your attorney and your bondsman ASAP.

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