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Questions Answered by Paul Looney
1 Answer | Asked in Criminal Law and Personal Injury for Texas on
Q: Can a brother sue a nother brother for him and his friends molesting him as a 7 to 9 year old kid when they get older
Paul Looney
Paul Looney
answered on Jan 3, 2018

Yes. You can sue your brother and the other kids as well. These individuals are also criminally responsible for their conduct as well. Good luck.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is there a law against a group of individuals firing their weapons behind a shopping center where they sell ammunition?
Paul Looney
Paul Looney
answered on Jan 3, 2018

Simple answer? Yes. You can be charged with illegal discharge of a firearm, or unlawfully discharging a firearm in a city limits as Houston has a city ordinance against such conduct, or even deadly conduct. The deadly conduct can even be charged as a felony given the circumstances of the weapon... View More

1 Answer | Asked in Civil Rights and Criminal Law for Texas on
Q: What can I do about my neighbors I fringing O my privacy via cameras and microphones they placed throughout home

Neighbors bought microphones and cameras off Amazon and put them in our home while we were go e and have been watching our every move.

We have a yeas worth of incidents and Incidents that involve our local police dept. I believe they are trying to force us out of our own home... View More

Paul Looney
Paul Looney
answered on Jan 3, 2018

Three options: (1) Take your evidence and go to the police in your town and file charges; (2) Take your evidence and go straight to the District Attorney in your county and file charges; and finally, (3) Retain a civil rights lawyer and file a lawsuit against your neighborhoods, including but not... View More

1 Answer | Asked in Juvenile Law and Criminal Law for Texas on
Q: My boyfriend is 20 and I'm 16 I turn 17 in May and he turns 21 in March what can we do to not get him in trouble?

My parents are okay with us dating do we need proof that my parents are okay with this do they need to fill out paperwork?

Paul Looney
Paul Looney
answered on Jan 3, 2018

Relax young lady. Your situation is not dire at all. First, if you are not having sex there is no problem. If you are, there is. The age of consent in Texas is 17, so you cannot "legally" have sex with your boyfriend until your 17th birthday. Whether a 17 year old girl should have sex... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: My boyfriend was arrested tonight for getting physical with his parents his sister and me how long will he stay in jail?

What can he be charged with?

Paul Looney
Paul Looney
answered on Jan 3, 2018

Your boyfriend will remain in jail until someone posts bond. He will be charged with any number of family violence offenses depending on the details of his conduct. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: I filed DV charge against my wife gave a statement along w pics and witness statement police have done nothing

I have called and called and still nothing from the police and it has been 6 months what do i do

Paul Looney
Paul Looney
answered on Jan 3, 2018

Filing criminal charges family members is not a cavalier endeavor, and I do not recommend it. There are so many other manner of handling such situations provided in the law, and you should contact a lawyer for a run down of your other options. However, if filing charges is what you decide is... View More

1 Answer | Asked in Criminal Law for Texas on
Q: In 1987 i was arrested for indecency with a child. This was reduced to indecent exposure via a plea bargain...

With deferred adjudication. I served 10 days ( 30 with a 3 to 1 credit). Am I able to apply for expungement or an order of non disclosure in tbe state of Texas?

Paul Looney
Paul Looney
answered on Jan 3, 2018

The answer turns on information you have not provided. If you were placed on deferred adjudication and you were required to register as a sex offender then you are disqualified for nondisclosure. If you were not required to register as a sex offender then you are not disqualified, and if you... View More

2 Answers | Asked in Family Law, Criminal Law and Juvenile Law for Texas on
Q: I'm 24 & my wife is 17 can she leave his mom house if we are legally married?

We get legally married by the state of Nebraska, & we was waiting until we have the wedding party to she leave we me, but because a fight between her & his mom she wants to leave now, can we do it?

Paul Looney
Paul Looney
answered on Jan 5, 2018

Go! Do what you want. Listening to and being controlled by mom or dad ended when you got married. For future reference: In this State if you are married, you are and ADULT under the law. Good luck to your and your bride.

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1 Answer | Asked in Federal Crimes and Criminal Law for Texas on
Q: My boyfriend was arrested in July he was charged with 2 counts of evading arrest in a motor vehicle, evading arrest and

Unauthorized used of motor vehicle. The judge gave him 5 years but he hasn't signed for it yet. How many years is he truly facing and what are his chances of early parole. This is his first offense and he has no prior record

Paul Looney
Paul Looney
answered on Jan 2, 2018

Unauthorized use of a motor vehicle is a state jail felony. It is punishable by from 180 days to 2 years in the State Jail, or probation. There is no parole. That time is served day for day. Evading arrest in a motor vehicle is a class A misdemeanor punishable by up to one year in jail. It can... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can I 20 year old girl get pregnant by a 17 year old boy?
Paul Looney
Paul Looney
answered on Jan 2, 2018

Yes. But you are probably asking about the legal ramifications. There are none. The age of consent in Texas is 17. The 20 year old girl should be seeking a proof of paternity and child support from the 17 year old boy. Good luck.

1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for Texas on
Q: Will a completed deferred adjudication probation for a class A misdemeanor show up on an employment background check?

Case for burglary of a vehicle was dismissed november 22 2016 , i was on "probation terms" for 6 months and i failed 5 piss tests so they put my in juvi followed by rehab 30 days and i got sentenced 18 months probation but only did 12 and they let me off. Will that show up on my... View More

Paul Looney
Paul Looney
answered on Jan 2, 2018

If it is "juvi" the record is sealed, so no, it should not show up in a background check. A straight deferred adjudication probation successfully completed WILL show up on a background check. To keep this from happening a motion for nondisclosure can be filed 2 years after successful... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: can you get a search warrant for pictures to be taken of self mutilation on a victim in an assault case after the fact?

Three parties involved. The suspect went over to ex dwelling in concern of their well being. Another individual was there that the suspect assaulted. Trying to prove that there was no intent to assault. Went over because ex had shown suspect that they were self mutilating not that long prior.... View More

Paul Looney
Paul Looney
answered on Jan 2, 2018

Okay. You cannot go around beating people up and then try to justify the assault after the fact. You say you went to the ex's dwelling and another person was present who had previously been in the act of "self-mutilation" with the ex, and you beat the guy up, "Self... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: In an as yet unpublished short story I use two descriptions of sexual activity involving the main character.

The acts involve two young boys and a woman and a minor. The descriptions are graphic. Is this per se illegal? Would less detail change the risk?

Paul Looney
Paul Looney
answered on Jan 2, 2018

Child pornography, in Texas, involves visual depictions of children. So, if the writing is good, you have committed no crime in Texas. Bad writing should always be considered criminal. Good luck.

1 Answer | Asked in Juvenile Law and Criminal Law for Texas on
Q: I live in texas i have a girlfriend who is 18 and im 16 is it against the law to have sex with her?
Paul Looney
Paul Looney
answered on Jan 2, 2018

Two answers: Technically, best answer, yes! The age of consent in Texas is 17, so it is illegal for her to be having sex with you. But, two, there is a Romeo & Juliet law in Texas. If you have not read the play from William Shakespeare it is a must read! But for your "legal" purposes,... View More

1 Answer | Asked in Civil Rights and Criminal Law for Texas on
Q: If you live in a house with a friend and you break in to get your stuff is it a felony

To get your medicine in your belonging

Paul Looney
Paul Looney
answered on Jan 2, 2018

It is not a crime to break in to your own habitation. Burglary, the crime of breaking into a habitation, has to have along with the breaking an entry with intent to commit theft or another felony. Since the habitation was your own dwelling, and since there was no intent to commit theft or another... View More

2 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: Can a just turned 16 (in November) yr old & a 19 (about to be 20 yrs old in 3 months) date/sex?
Paul Looney
Paul Looney
answered on Jan 2, 2018

Date?: Yes! Sex? No! There is nothing in the law that keeps a 16 years old and 19/20 year old from dating. The age of consent for sex in Texas is 17. Good luck.

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1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Texas on
Q: I am 17 and my boyfriend is 23. Is it illegal for me to run away with him?

He has his own place, his own car, and a great job. My mother met him once and she liked him. We would go out together or with my whole family but one day she told me to break up with him because he might of had a kid but the kid was not his. She now knows but nothing has changed and she threatness... View More

Paul Looney
Paul Looney
answered on Jan 2, 2018

The age of consent in Texas is 17. She cannot put him in jail for the offense presumed to be committed by your question. If you are living in her house, however, she has every right to tell you who you can and cannot see. The punishment for not following those orders, however, is not to put HIM in... View More

1 Answer | Asked in Criminal Law for Texas on
Q: How long does it take for a warrant to be issued if you’re ex was charged with terror threat intent to do body injury

My ex scratched me up and pulled a gun so I called the police and they said that they were going to charge him with terroristic threat went the intent to do body injury and family volience said it was a class B misdemeanor but he still never been arrested yet and the charges was filed on the 20th... View More

Paul Looney
Paul Looney
answered on Jan 2, 2018

Check with the marshal's office in the Sheriff's Office in the county where the charges were filed. The Marshal's office serves the warrants. They can tell you what efforts have been made to arrest him and when they think he may be arrested. Good luck

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Texas on
Q: If a furniture set was purchased with the intent of a child using it, does it become their property as an adult?

The set of furniture in this situation is almost fifteen/sixteen years old and completely paid off. It has been in my use since its purchase. I am now 20 years old and am asking because I intend to move out. I want things to run as smoothly as possible, and I don't want there to be any reason... View More

Paul Looney
Paul Looney
answered on Jan 2, 2018

Your use of the furniture to the exclusion of all others does create an argument that the property is yours for the taking. However, it is only an argument, and if the purchasers claimed theft, you may win the battle in the long run but not avoid the hassles the battle brings with it. The old,... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: If im 16 and my boyfriend is 23, can the baby still have his last name without him getting in trouble???

Could he get arrested or have charges pressed ??? What could I do so that he doesnt go to jail ???

Paul Looney
Paul Looney
answered on Jan 2, 2018

The baby is evidence that your boyfriend committed aggravated sexual assault. The age of consent in Texas is 17. You had sex with someone before your were 17. If his name goes on the birth certificate he faces getting into trouble. Sorry. Wait a few years, contact a family lawyer, and have the... View More

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