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Questions Answered by Paul Looney

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 »

2 Answers | Asked in Criminal Law for Texas on

Q: Can you sit out a warrant in Texas if it in Oklahoma for no insurance

I got a ticket for no insurance and it turned into a warrant cause I can’t afford to pay for it

Paul Looney answered on Aug 16, 2018

You have to go to Oklahoma to "sit out" the warrant. If you do not have the money to pay the Supreme Court in 1971 decided a case saying the system cannot jail indigent people because they are too poor to pay as an alternative to payment. Contact the court. Make arrangements for a payment plan, a... Read more »

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1 Answer | Asked in Criminal Law for Texas on

Q: Is it possible for a person to be charged with unlawfully carrying a firearm while enroute or inside of their vehicle?

I was charged with Penal Code 46.02, unlawfully carrying a firearm when I was inside of my vehicle. The police report stated exactly that I was inside of my car, yet a Grand Jury indicted me for unlawfully carrying a firearm because I was NOT enroute or inside of my vehicle. Is that possible? If... Read more »

Paul Looney answered on Aug 13, 2018

You can illegally possess a firearm inside your vehicle if it is in plain view, or if you are engaged in any other illegal activity. The statute sets out all the ways a firearm can be illegally possessed.

2 Answers | Asked in Criminal Law for Texas on

Q: Wanting know if this class b misdemeanor can be dropped

Yes I go in trouble at Walmart for shoplifting I've never been in trouble with the law ever it was exactly $150 I got arrested and bonded out next morning. It's a class b misdemeanor. And Walmart didn't give me a criminal trespassing or band me. And Walmart didn't lose anything they got everything... Read more »

Paul Looney answered on Aug 13, 2018

First, a lawyer cannot give you "thoughts about " your case without the facts. Can the charge be made? Was the arrest legal? Assuming charges can be made and the arrest is legal, and you're are convinced you can be convicted, and legally, the only way I can tell you about the offer that is being... Read more »

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2 Answers | Asked in Criminal Law for Texas on

Q: Can i be charged with drugs after i was released

I was pulled over with a police officer saying he seen someone throw something out the car there were 3 of us in the car he finds nothing clears us and let us go then 5 miles further down the road the same officer pulled us over again saying he had found some drugs and he believes they were mine is... Read more »

Paul Looney answered on Aug 13, 2018

For the State to prove a possession case against you there has to be proof affirmatively linking you to the contraband. In the fact scenario you presented there is no affirmative link between you and the contraband the officer found. I'm thinking you have a pretty good chance. Good luck to you.

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2 Answers | Asked in Criminal Law for Texas on

Q: When you’re arrested and released on bond when should a case be made?

My son was arrested for sexual assault but was told by arresting officer he was being arrested for unpaid speeding tickets. He then is released on a $70,000 bond. But yet no case or charges for sexual assault have been filed by the DA. Yet my son has to report to probation take UA tests and is not... Read more »

Paul Looney answered on Aug 13, 2018

The prosecutor is on a time table for filing a charge. An indictment must be returned by the grand jury within 180 days or the next term of the grand jury. You can usually count on 180 days from when your son was arrested for a grand jury indictment to be returned. If this does not happen contact... Read more »

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3 Answers | Asked in Criminal Law for Texas on

Q: Can I go on vacation in another state while on probation in Texas?

Paul Looney answered on Aug 14, 2018

Get permission from your PO. Before you call the PO for permission have your travel plan details down, ie., how you will travel, where you will be staying, when you depart and when you return etc. Permission given and you can travel. Good luck

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