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Questions Answered by Paul Looney
1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Same thing, sorry needed to say one more thing

After the UA, I was ordered to enroll in a program I'd have to attend twice weekly, in addition to 2 NA meetings/wk. I was able to find a nearby NA group, which I've been attending. But the other program is 25 miles away from me, I no longer drive b/c of my illness, & the nearest bus-stop is 9... Read more »

Paul Looney
Paul Looney answered on Nov 14, 2019

You are clearly willing to work on your drug issue. It appears you are a Probation officer's most challenging case: a probationer in need of help who is trying to get the help, who cannot because of money! You can tell your PO that "back sliding" is the most prevalent issue facing people who are... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: I was arrested on a felony theft warrant and haven’t committed the crime

My brother has been being blasted on Facebook and around the streets for breaking in cars he does it a lot they finally got enough calls and got a warrant for him. They came two times to the house looking for him and interacted with me and let me go. The last time they came they got him and... Read more »

Paul Looney
Paul Looney answered on Nov 13, 2019

My guess would be that if your brother was breaking into vehicles and stealing things out of those vehicles and leaving them in your house that the "theft" you are charged with is associated with something he stole. Theft of property can be proven by "receiving stolen property". Make bond on the... Read more »

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2 Answers | Asked in Criminal Law, Federal Crimes, Probate and Sexual Harassment for Texas on
Q: Uncle in jail and has charge pending against him in Tx.He was on probation for sexual assault would he get 2-10 or 2-20

He is in federal prison right now and doesn’t have a lawyer and doesn’t know whether he will continue I’d probation he was on before he went to prison or if they will throw him in jail again for more time. He doesn’t know whether it will be 2-10 years or 2-20 because it was a sexual assault charge

Paul Looney
Paul Looney answered on Nov 12, 2019

He will finish his federal sentence. Then he will be sent via detainer to Texas, where he will sit in jail pending trial. His probation will be revoked, and depending on what type of probation he was on, if deferred then he can serve up to the maximum for the crime he committed. Sexual Assault is... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Is coercion legal when I say No to a search warrant?

Cops show up at my house on a tip there were drugs inside, without a warrant. They asked to come in, I said no. They said we’d be detained (there were 3 others there) until they got a warrant. I said no. Then they said we’d all be arrested if they couldn’t come in. So I reluctantly agreed.... Read more »

Paul Looney
Paul Looney answered on Sep 12, 2019

The entry was illegal. The threat to arrest was illegal. Being illegally inside your residence makes anything found illegally seized under Amend IV, U.S. Constitution, Art. I., Sec. 9 Tex. Const. and Art. 38.23 Texas Code Criminal Procedure and about 200 years of case law.

3 Answers | Asked in Criminal Law for Texas on
Q: Will you go to prison on a second offence of family violence
Paul Looney
Paul Looney answered on Sep 12, 2019

If you plead guilty or if you are found guilty by a jury then, yes, prison is certainly a possibility. You should get a lawyer and go to work on defending against the charges. If you go to a Texas prison on a repeat family violence charge you are going to do a lot of that sentence before you are... Read more »

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3 Answers | Asked in Criminal Law for Texas on
Q: can a charge be dropped if coerced into a search when I said no more than once to enter my home?

Cops show up at my house on a tip there were drugs inside, without a warrant. They asked to come in, I said no. They said we’d be detained (there were 3 others there) until they got a warrant. I said no. Then they said we’d all be arrested if they couldn’t come in. So I reluctantly agreed.... Read more »

Paul Looney
Paul Looney answered on Sep 12, 2019

Now you ask a "different" question than the one before. Can charges be dropped? Of course. You may run into a prosecutor here and there who checks out the police misconduct, and if that prosecutor finds the facts in your favor the prosecutor might dismiss charges. However, prosecutors tend to... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: I was subpoenaed in Brownwood Texas by the state under my name says c/o two names which are task force whats this mean

Everyone else supenoed doesnt have the drug task force two names under their name so they are saying im a snitch .ive never talked to the police

Paul Looney
Paul Looney answered on Aug 21, 2018

You cannot control what the task force cops tell the ADA who issued the subpoena. The Court will look to the named cops to assure your attendance. Just go tell the truth, or refuse to answer, and everything will be okay. Insist on representation before you testify. Good luck.

1 Answer | Asked in Consumer Law, Criminal Law, Identity Theft and White Collar Crime for Texas on
Q: My mother is a check fraud victim, what next?

My mother had her driver's license, signature and bank checks compromised recently. She was informed of this by her bank when the offenders withdrew cash using these compromised documents. So far there have been cash withdrawals from within our city and in another several hundred miles away, all... Read more »

Paul Looney
Paul Looney answered on Aug 21, 2018

Go to the bank and complete a fraud affidavit. The bank should begin refunding stolen funds. Change your credit cards, bank cards, etc. The bank can handle that off the top. Consequences? There should be none after it is established the bank recognizes the fraud. Hope this has been helpful, and... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Im trying to get the date of my last conviction
Paul Looney
Paul Looney answered on Aug 21, 2018

Call the Clerk where the conviction occurred.

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2 Answers | Asked in Criminal Law for Texas on
Q: Would breaking into a mobile home be burglary of a vehicle

This mobile home is the principal dwelling of someone would it be of a habitat it of a vehicle.

Paul Looney
Paul Looney answered on Sep 4, 2018

Habitation is defined as structure or vehicle adapted for overnight accommodation. The mobile home is a habitation.Burglary, however, requires that the entry was made with intent to commit theft or another felony. You may be more apt explain the entry as not having either intent. That makes the... Read more »

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1 Answer | Asked in Criminal Law, Estate Planning and Foreclosure for Texas on
Q: In texas can my sister throw away my belongings if I can't pick it up

I have nowhere to go. I was evicted. She said she would hold my things. Now she says I need it gone in the week. Can she do that? Can I sue?

Paul Looney
Paul Looney answered on Aug 16, 2018

You're in a tough spot, but your sister is well within her rights to evict you and your property. Find a place to land. You have no legal recourse.

2 Answers | Asked in DUI / DWI for Texas on
Q: Does a DUI, due to being underage and having alcohol, count towards the 3 DWI rule to make it a felony in Texas?

Got a DUI at around age 17, which is because I admitted to having a beer and was given a ticket and released to parents. Got an actual DWI, refused breath test and visibly drunk, at around age 19. No issues since, just wondering if it should happen again if it would be a felony.

Paul Looney
Paul Looney answered on Aug 16, 2018

You are a "repeat" DWI offender based on your record. Not a felony DWI offender. However, if you are thinking about the possibility of it happening again, then your conduct has not been adjusted to assure it does not happen again. So, it WILL happen again ... eventually. Here's a clue. You live in... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: How much is oklahoma jail a day?
Paul Looney
Paul Looney answered on Aug 16, 2018

Call the jail in the county the case is pending. The sheriff determines how much jail credit is given for a day in jail in that county.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I just found out that my mother knew I was being abused by a boyfriend as a teen, and she did nothing, and told no one.

I found this out a few months ago - age 28. The abuse occured from age 16-17.5. The abuse caused Bipolar disorder and severe PTSD. Would I be able to take legal action against my mother at this point for neglecting to stop the abuse of a child?

Paul Looney
Paul Looney answered on Aug 16, 2018

There is no statute of limitations on actions involving minors. However, it is impossible to tell whether a case exists without all the facts and circumstances surrounding what you claim to be damages caused by your mother's neglect. There are issues of her degree of liability, and much more. Find... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Sealed e gov. Form A0 257 what is it?
Paul Looney
Paul Looney answered on Aug 16, 2018

Your A0 257 form can be a subpoena for records in a bankruptcy case, building contract specs, or just about anything. The government uses a ton of A0 forms. Go online. Download the form as it appears on your e notice. You can download the form. See what it is precisely. Good luck.

2 Answers | Asked in Criminal Law for Texas on
Q: If a felon is in his brothers car and a handgun is found but claimed by brother, does felon get charged ,what happens
Paul Looney
Paul Looney answered on Aug 16, 2018

The ex-con may be able to beat the rap with brother claiming the firearm, but he will not beat the ride. Cops arrest convicts near guns ... end of story. Just because the brother claims the firearm is not the end all. The system does not have to believe brother ... and brothers lie to help... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Can police open a combination safe they took from my home for evidence? The owner of the safe was currently in jail.

Since the safe was in my home, can the combination safe be opened and I be charged with the contents? I don’t know what was in the safe or the safe combination but the owner is harassing me to claim the safe and try to get it back from the police.

Paul Looney
Paul Looney answered on Aug 16, 2018

First, quit listening to people in jail for legal advice. Second, if you claim the safe, it's yours, contents and all. Third, whether the safe can be opened is a search and seizure question, and all the probable cause issues, warrant issues, etc. have to be answered. You have provided insufficient... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: When an officer apply for an arrest warrant, can the affidavit be sworn to and subscribed before a fellow peace officer?

When a police officer apply for an arrest warrant, can the affidavit be sworn to and subscribed before a fellow peace officer?

Paul Looney
Paul Looney answered on Aug 16, 2018

Sure. If the officer is swearing to the truth of the facts contained in the affidavit, that can be done before a peace officer notary. That affidavit, however, has to be approved as to form and substance by a neutral and detached magistrate. If there are defects in the facts, misstatements,... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: if I was arrested and the officer did not take any evidence from my vehicle they left it in there can I still be charged

when I went to pick my car up from the police impound the stuff that they supposedly arrested me for was still in the car

Paul Looney
Paul Looney answered on Aug 14, 2018

Police make mistakes. It's your lucky day. The solution to your problem cannot be resolved by a lawyer's advice. Can you be arrested? Yes, you were. Will the case stick? That depends ... Good luck with your choice.

1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and Landlord - Tenant for Texas on
Q: I recently paid my rent for it to be rejected even after I got a confirmation number and 5 days later...

landlord says it was due to insuffient funds but my bank says they never attempted to take the money and I know I had more then enough money for it to go throw.

When I attempted to repay my rent I found they had added another bill to it and then trying to charge me an NSF fee and late... Read more »

Paul Looney
Paul Looney answered on Aug 14, 2018

You have a fact dispute, whether you paid rent with NSF funds. Get your proof from your bank. Take the notice to the landlord and try to resolve the matter. The whole thing will end up in Justice Court if you cannot resolve it with the landlord. Yours is a question of "proof", not "law". Settle the... Read more »

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