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Questions Answered by Paul Looney
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
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... 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
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... Read more »

Paul Looney
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... 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
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
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
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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2 Answers | Asked in Criminal Law for Texas on
Q: Can i be charged with poss cntrol sub if i lost my wallet in Walmart and whenever i came to retrieve i was arrested?

I left my wallet at the self-checkout line at Walmart and once i realized what happened about 45 minutes later i went back inside and asked if anyone turned one in and was told to ask customer service. I did and they told me a few different excuses and eventually, about an hour later a police... Read more »

Paul Looney
Paul Looney
answered on Aug 14, 2018

If your claim is the drugs were planted in your wallet to cover the theft of $600 those are defenses you can raise at the trial. Can you be convicted? Yes, if the jury believes the drugs were yours all along, then yes, you can be convicted. Can you be acquitted? Same standard. It is on you to prove... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: In Texas, does a Grand Jury proceeding have to be held before an indictment is returned?

In Texas, does a Grand Jury proceeding have to be held before an indictment is returned? I have a case pending in Denton County and I asked for a copy of the grand jury transcript to impeach a witness and I was advised that there was no Grand Jury proceeding in my case, although an indictment was... Read more »

Paul Looney
Paul Looney
answered on Aug 13, 2018

The grand jury can be conducted without taking live testimony. The prosecutor can simply present the offense report and ask for the indictment on that alone. There would be no transcript. Have your lawyer try to obtain the proceedings. You will have difficulty doing what a lawyer can get done. Good... Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My cousin has a baby with someone, if he wants to pick his baby up , can she call cops, n say its kidnapping? No order

They havent went to court for child share or child support. Shes keeping the baby from him

Paul Looney
Paul Looney
answered on Jan 5, 2018

You cannot just go around stealing babies from their mothers. If the presumed father wants custody, or visitation, rights with the child he will have to go to court, file for paternity, and then the Court can intervene with a custody and/or visitation order. When people disagree on a matter that... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: In texas what does this mean FILE MOTION PER JUDGE
Paul Looney
Paul Looney
answered on Jan 5, 2018

The Court has simply asked the lawyers to file a motion concerning some issue. This can include anything from an issue involving the legality of a search or confession to directing the State to challenge a defendant's bond or a defendant's performance on probation. Check the file in a... Read more »

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2 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: If I'm 17 fixing to be 18 and my girlfriend is 16 is it illegal for us to have sex

We're one year and 8 months apart in age and she'll be 17 in 9 months we haven't done anything just checking before we do

Paul Looney
Paul Looney
answered on Jan 5, 2018

Illegal? Yes and No. First, it is illegal for you to have sex with a person who is under 17 years of age. She is 16? You having sex with her is illegal. However, since she is within 3 years of your age, and assuming the sex is consensual, the sex may be deemed "not illegal".. However,... Read more »

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2 Answers | Asked in Juvenile Law and Criminal Law for Texas on
Q: When I was 17 I was pressured into having sex with an older man (mid 30s). Could he get in trouble? State of Texas
Paul Looney
Paul Looney
answered on Jan 5, 2018

Any sex to which you did not consent is illegal, and yes, the person responsible for having non-consensual sex is criminally culpable. So, yes, he could get into trouble. The age of consent in Texas is 17, not 18 as Mr. Warren has claimed. Sex with anyone UNDER the age of SEVENTEEN is illegal in... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: how do i find my cousins lawyer in harris county? he's fighting a case that was charged illegally.

His home was searched illegally with no consent nor warrent was charged with his deceased fathers firearms he had no knowledge of. they were left to his sister and he was charged with assault of a family member with only words no marks no proof. The woman who filed charges had a warrant and harris... Read more »

Paul Looney
Paul Looney
answered on Jan 5, 2018

Call the Court. Talk to the Court Coordinator. Ask for the name of your cousin's lawyer. Or, go down to the Clerk's office. The information is available through your own search, or the deupty clerk working the front desk. Good luck.

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1 Answer | Asked in Criminal Law for Texas on
Q: What are my options regarding the probation department breaching an agreement that was discussed to avoid MTR and court?

Reported by probation that I had two failed UA’s. I spoke with PO supervisor to discuss options to avoid MTR and court.

- Option Available: Yes (Agreement between myself and probation)

- Option Included: Complete a 30 day in-treatment facility

Next:

 All... Read more »

Paul Looney
Paul Looney
answered on Jan 3, 2018

Your "agreement" with the PO is unenforceable with the Court. It is the Court, not the PO, who has ultimate authority to modify the terms and conditions of your probation. It is not a question "whether" the UA's "should be considered". They WILL be considered... Read more »

1 Answer | Asked in Contracts, Criminal Law and Consumer Law for Texas on
Q: Can i sue a cable company if I never agreed to anything?

Can i sue a cable company if I never agreed to anything and they come into my home and install cable and internet without my consent. They didn't even ask if the person on the potential file is home and then bill me later after I contacted them and told them I never agreed. Then a month later... Read more »

Paul Looney
Paul Looney
answered on Jan 3, 2018

You think a cable company sent an employee to your home to commit a burglary at your home for the purpose of installing cable and charging you for it later? Simply put, yes you can sue. Anyone can sue anyone for conduct committed that cause damages. If you were damaged then contact a lawyer.

1 Answer | Asked in Civil Litigation, Criminal Law, Employment Law and Personal Injury for Texas on
Q: can a general manager knowingly let a customer spread herpes and not do anything

at a men's club a vip member is continually date the dancers who his lawyer said is herpes positive and the general manager won't do anything to warn the girls or prevent him from going back due to the money he spends and who is lawyer is

Paul Looney
Paul Looney
answered on Jan 3, 2018

Confront the V.I.P. and tell him you are aware of his criminal conduct. Given him an opportunity to clean up his act, and if he does not, contact the District Attorney to file charges. Make sure you tell the prosecutor who the lawyer is so he can be contacted when, or if, charges are going to be... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: We have an apartment that is forging my husbands signature on legal documents. What should i do?

We have been living in these apartments for almost 2 years. And they are trying to charge us $250 for not having our animals on a leash. In our lease it states that we would be charged IF they picked up our unleashed animals and kept them fines would be a possibility. We have been waiting for prof... Read more »

Paul Looney
Paul Looney
answered on Jan 3, 2018

Get a copy of the documents. Go down to the District Attorney's office in your county. See if that office will accept charges. Forgery is a crime. But, you will need the documents to prove the forgery because the crime being proved requires the actual forged document. You might give your... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: boyfriend just got arrested for possession of a controlled substance, a felony. if he has a record what will happen?

Supposedly he got caught with possession before and is on probation for a dwi which he failed his randon ua for probation two days ago. Now he got picked up last night for possession of a controlled substance, meth amphetamines. What can I expect? This happened in Kendall county. Is there any way... Read more »

Paul Looney
Paul Looney
answered on Jan 3, 2018

A full answer cannot be given because you did not supply enough essential facts. Generally though, yes, you can expect he will go to jail. He is looking to have his DWI probation revoked for violating the terms and conditions of his probation with the dirty UA and the new possession case. He is... Read more »

1 Answer | Asked in Elder Law, Criminal Law, Civil Litigation and Domestic Violence for Texas on
Q: I would like to press charges against my daughter and her friends for destroying my home while I was in a coma.

I was admitted during Hurricane Harvey. Although my daughter was living with me she brought at least a half a dozen other young people into my home and destroyed all my personal property. They were doing drugs and causing problems with my neighbors. My home is,no longer habitable Nothing in my home... Read more »

Paul Looney
Paul Looney
answered on Jan 3, 2018

Your daughter can be prosecuted for criminal mischief. Make a list of all the property destroyed. Give each item a valuation based on receipts, etc. Bring that information to the Harris County District Attorney's Office, sixth floor of the Criminal Justice Center at 1201 Franklin Street, and... Read more »

1 Answer | Asked in Sexual Harassment and Criminal Law for Texas on
Q: Is it legal for a girl who just turned 14 to date someone who is almost 18?

A boy I know and this girl started dating, well, she just turned 14, and he’s going to be 18 soon.. he says it’s legal for them to date since it’s only three years apart, but what happens once he’s 18?

Paul Looney
Paul Looney
answered on Jan 3, 2018

There is no law in Texas prohibiting a 14 year old from dating a 17 year old. There is no law prohibiting a 14 year old from dating an 18 year old. However, if the two have sex problems begin, and they are not simple problems. Having sex with a 14 year old carries serious prison time. The... Read more »

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