Questions Answered by Paul Looney

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

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 21, 2018
Paul Looney's answer
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.

Q: My mother is a check fraud victim, what next?

1 Answer | Asked in Consumer Law, Criminal Law, Identity Theft and White Collar Crime for Texas on
Answered on Aug 21, 2018
Paul Looney's answer
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 good luck.

Q: Im trying to get the date of my last conviction

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 21, 2018
Paul Looney's answer
Call the Clerk where the conviction occurred.

Q: Would breaking into a mobile home be burglary of a vehicle

2 Answers | Asked in Criminal Law for Texas on
Answered on Sep 4, 2018
Paul Looney's answer
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 entry trespass to a habitation, a misdemeanor. Give it another look, and good luck to you.

Q: In texas can my sister throw away my belongings if I can't pick it up

1 Answer | Asked in Criminal Law, Estate Planning and Foreclosure for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
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.

Q: Does a DUI, due to being underage and having alcohol, count towards the 3 DWI rule to make it a felony in Texas?

2 Answers | Asked in DUI / DWI for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
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 a community that is heavily opposed to drunk drivers. Do not drive, even if you have just had a few. You are too young to drink if you cannot plan how you are going to get home. Just don't drive. Or...

Q: How much is oklahoma jail a day?

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
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.

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.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
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 a personal injury lawyer specializing in children cases. Good luck to you.

Q: Sealed e gov. Form A0 257 what is it?

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
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.

Q: If a felon is in his brothers car and a handgun is found but claimed by brother, does felon get charged ,what happens

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
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 brothers. Prove ownership in non-ex-con brother, and ex-con brother has a chance of walking out of jail one day. Good luck to you both.

Q: Can police open a combination safe they took from my home for evidence? The owner of the safe was currently in jail.

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
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 information to answer that question. Finally, your friend in jail does not have to have you claim the safe. He can claim a privacy right in the safe, and he has standing to challenge any search of the...

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

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
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, material omissions, then you have a bona fide challenge to the warrant issued pursuant to that affidavit. There are many issues to consider. Have a lawyer specializing in suppression issues to look at it.

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

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 14, 2018
Paul Looney's answer
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.

Q: I recently paid my rent for it to be rejected even after I got a confirmation number and 5 days later...

1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and Landlord - Tenant for Texas on
Answered on Aug 14, 2018
Paul Looney's answer
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 facts on your side and this should go away.

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

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
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 deferred adjudication disposition, etc. You do not have to go to jail to remove the warrant. Just contact the court.Find out what can be worked out short of you going to jail in Texas, or Oklahoma, for...

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

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 13, 2018
Paul Looney's answer
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.

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

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 13, 2018
Paul Looney's answer
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 made is to know the offer. What's to dispute? Class B misdemeanor punishment is up to six months in jail and a fine. First offender, you should not be looking at jail time. Can they just give you a huge...

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

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 13, 2018
Paul Looney's answer
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.

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

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 13, 2018
Paul Looney's answer
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 your lawyer to file a motion to dismiss. If the lawyer is not willing to do so, hire another lawyer. Good luck to you.

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

3 Answers | Asked in Criminal Law for Texas on
Answered on Aug 14, 2018
Paul Looney's answer
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.