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Questions Answered by Edgardo Rafael Baez
1 Answer | Asked in Criminal Law and Identity Theft for Texas on
Q: Is it considered impersonating a peace officer when answering the phone "Sheriff's Department,..." for possible scammer?

When receiving phone calls from possible scammers, is it illegal to say "Sheriff's Department, Fraud Division. This is a recorded line, how may we help you?" when answering the phone?

Edgardo Rafael Baez
Edgardo Rafael Baez answered on Nov 19, 2019

I must say, although this is a clever way to get rid of these scam calls, I would select another entity to imitate, although it does not appear that you would be impersonating an officer but I would not take a chance if I was you. Many blessings to you!

1 Answer | Asked in Criminal Law for Texas on
Q: Is the smell of marijuana in a vehicle probable cause in Texas. Also can officers search a vehicle with suspicious only?
Edgardo Rafael Baez
Edgardo Rafael Baez answered on Nov 19, 2019

This is a good question, and the answer would be depends. You see, if you are driving and the cop just stopped you for no reason, other than the smell, then your lawyer can argue the probable cause issue; however, if you are just parked, and the cop smells it, then my friend it is enough for... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Can the school file charges on my 14 yr old daughter for possession of a controlled substance if a friend gives her a hy

Hydrocodone pill at School and she gives it away to another lid cause she didn't want it..

Edgardo Rafael Baez
Edgardo Rafael Baez answered on Nov 19, 2019

To be clear, the school can investigate and get the police involve whom are the ones that can file the charges. I have seen charges filed on less than that. Please, hire a lawyer for your daughter. Blessings for you and your family.

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3 Answers | Asked in Criminal Law for Texas on
Q: Does there have to be a professional comp eval for a retrospective comp hearing in TX

Defendants attorney requested a professional comp eval before trial, the judge held informal eval and stated not enough evidence of incompetency. On appeal the appealate court found some evidence and sent back to trial court. The trial judge still refused to give professional psyc eval at the... Read more »

Edgardo Rafael Baez
Edgardo Rafael Baez answered on Nov 19, 2019

When you say comp hearing, are you talking about competency to stand trial?

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