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Questions Answered by Mr. Shannon Willis Locke
2 Answers | Asked in Criminal Law for Texas on
Q: Parole violations due to cases dismissed and reinstated

I was wrongfully arrested while on parole which resulted in a violation. The charge was dismissed. Is there any case laws that I can present to parole why they shouldn’t violate me because of the wrongful arrest

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Dec 27, 2023

You should really consider hiring a lawyer to address this issue. Parole violations can be tricky. Especially when they involve new arrests because arrests can create substantive and technical violations. Without seeing the exact parole violations being alleged it is impossible to give good advice... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Military Law for Texas on
Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?

So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very... View More

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Dec 8, 2023

Unfortunately, the statute of limitations is paused once a case is filed. However, you do have a right to a speedy trial. To avail yourself of that right you need to clear the warrant (this is something that an experienced criminal defense attorney should know how to do in the jurisdiction with the... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Can a judge deny certified mail properly addressed to them in Texas
Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Apr 8, 2024

In Texas Court filings are filed by the District/County Clerk. If you mail something to the judge they are under no obligation to accept it and are very likely to ignore it since it is an improper ex parte communication

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2 Answers | Asked in Criminal Law for Texas on
Q: A detective has left me a voicemail twice now asking me to call him. Should I return his call or have an attorney do it?

I am on probation currently. I have not had any contact with law enforcement and have not committed any new offenses of which I am aware. So it perplexes me why a detective is calling me. I know not to talk to police under any circumstances other than to invoke my 5th Amendment rights. I cannot... View More

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Mar 24, 2024

You need to hire an attorney to call the Detective back and find out what they would want. Many attorneys will do this and only charge a retainer if you are being investigated for a crime. If you speak to the Detective yourself you need to be aware that everything you say can be used against you.

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1 Answer | Asked in Civil Rights for Texas on
Q: I believe law enforcement violated my fourth amendment and I don't know who to contact?
Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Jul 12, 2023

These are always difficult questions but any attorney is going to need more details before answering a question like this. If your rights were violated it is possible that the evidence that was seized could be suppressed. Also, there is a small possibility if the damage to your property was... View More

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: My disabled son has a warrant for his arrest due to family violence. I need to find out what options he has.

He is 33 years old and has spina bifida and cerebral palsy. He was charged with family violence against me. He had to move out after it happened and he was under the care of an adult foster care program. His caregiver did not take him to his court date because of his behavior that day. Since he is... View More

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Feb 3, 2022

Too often, our criminal justice system applies cookie-cutter solutions to situations that need a unique response. You should hire a lawyer, and discuss this matter personally with that attorney. Attorneys can evaluate the facts, listen to his side of the story, and discuss how you should approach... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can he still get in trouble even though she's over 21 now.

They got together when she was 16 and he was 36. And been together for years. And recently broke up. If a relative found out they were together while she was a minor back then, could the guy still get in trouble???

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on May 12, 2020

This is a tough question. However, there is sufficient reason to be concerned. In Texas, you cannot touch the genitalia of a person under the age of 17 with the intent to arouse or gratify anyone's sexual interest. This is true even if the person consented. Still, there may be obstacles to... View More

3 Answers | Asked in Constitutional Law and Criminal Law for Texas on
Q: Is it constitutional that Miranda Rights are not read during arrests anymore, but only in pc court in some jurisdiction?

Is it constitutional that Miranda Rights are not read during arrests anymore, but only in pc court? Some counties, Montgomery County in Texas for instance, no longer seem to require officers to read rights during arrest. The next morning, they are read their rights at pc court, but usually they... View More

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on May 10, 2020

Miranda rights are required to be read before a police officer conducts an in-custody interrogation. If the police officer asks questions that are meant to incriminate you and does not read you your Miranda rights then the State will not be able to use those answers against you in court. However,... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My Son is 14 years old and was caught video taping his 12 year old Girl Cousin in the bathroom with a phone.

Can a civil suit be filed against him and would he be placed in the sexual predator list?

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Mar 28, 2020

This is very serious and you need to contact a local attorney immediately. However, this is not likely a civil matter. If the authorities get a hold of the video there are a number of crimes that can be charged. If the video portrays any genitalia the video is child pornography. Any adult who... View More

2 Answers | Asked in Criminal Law for Texas on
Q: How to find out if my current lawyer is working on my case?

It's been almost 4 months since I hired him, I was charged with aggravated assault with a deadly weapon. I was released on a bond and been under partial house arrest since then. I want to know if my lawyer is working on my case. How do I find out?

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Mar 24, 2020

Give them a call. You need to know the plan and the strategy for your case. When a client hires me for a charge as serious as this I give them my cell phone number and make sure they understand the plan. I also make sure they know they can meet with me over video or cell phone until they feel... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: I was arrested last year forA traffic warrant On the way to the jail I informed the officer that I had possession

A controlled substance and he assured me that he was going to throw it away and not charge me for it can they come back and charge me with it later

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Mar 12, 2020

Most people find it shocking that police officers can lie to civilians without any consequence. A police officer who promises that you will not be charged is making a promise that they do not have to keep. Many times police officers will tell people that they have arrested that they will not file... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is theft under 2500 with 2 priors a SJ felony or is it a mistem b enhancement? Is it a charge of its own?
Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Mar 12, 2020

It is a charge of its own. When someone has two prior theft convictions and is arrested for another theft the State has the option of filing that new arrest as a State Jail Felony. However, the State can also choose to proceed as a theft based on the value of what was allegedly stolen. The choice... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If I signed a toll agreement that expires on May 1st, can they still arrest me or indict me between now and then?

Or do they have to wait until after May 1st? The case is out of California, but I now live in Texas

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Mar 5, 2020

You need to talk to a California attorney about this. Preferably speak to the California attorney who negotiated the toll agreement.

2 Answers | Asked in Criminal Law for Texas on
Q: When are my charges automatically dropped?

I was arrested on Christmas for possession of 6 grams of marijuana and was wondering when the charges are automatically dropped and i was charged with a class b misdemeanor and im in Texas.

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Feb 12, 2020

I agree with the above. I would add that there is a two year statute of limitations. Once someone is arrested (or cited) for marijuana possession the District Attorney's Office has two years to file an information on the case. If you posted a bond and were magistrated a court date will be... View More

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3 Answers | Asked in Criminal Law for Texas on
Q: My fiancees lawyer will not return calls or even tried to contact us at all since her release in October

She dont wanna be on the run but she dont wanna go back to jail. We need help in every way.

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Feb 4, 2020

Not being able to speak to your lawyer is no reason to run away from charges. If you have not communicated with your lawyer you need to hire a different lawyer. If your lawyer is court appointed ask to approach the judge when you go to court and ask for a new court appointed lawyer because your... View More

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3 Answers | Asked in Criminal Law for Texas on
Q: Can u be charged and warrant issued for a Charge u didn't have or knew anything bout til u get arrested

My boyfriend got arrested for a class c warrant and didn't know anything bout a warrant for a burgulary charge he never had. Happened in Victoria county texas

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Feb 4, 2020

Unfortunately, this happens frequently. If your boyfriend was not arrested at the time of the offense, but was a suspect in the case he would not be aware of a warrant until after the District Attorney's Office has taken the case to the Grand Jury. All this means is that the prosecutor... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: My mom is in jail for failure to stop at red light but also has a theft by check over 500 under 1500 bck in 07

I called they told me it was an active warrant but it's from 2007 12 years ago what can I do no bond on the theft of check from 07

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Jan 23, 2020

You should immediately post her bond and get her out of there. Some attorneys, like our firm, post attorney bonds to better serve our clients. Once your mom is out your attorney can begin working on getting your mother's case dismissed. Good luck. This is a scary problem but fixable in the... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Can someone who has a warrant in another state for a misdemenor get arrested for that warrant in another state?
Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Jan 23, 2020

The answer is yes. Once you have a warrant for your arrest any police officer who contacts you and is aware of the warrant can arrest you. However, the State that issued the warrant would have to extradite you (pay to have you brought to its jurisdiction). Sometimes, the State will put in its... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Is there a way a lawyer can recall a warrant ? What would be the steps ... maybe fees even ? How much

I have a failure to appear and i wanted to reschedule court date so that in the mean while i won’t be arrested is that possible to do

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Jan 23, 2020

You need to call the lawyer so the lawyer can look into this and give you specific advice tailored to your situation and the county with the warrant. Some warrants can be recalled and others can't. It depends on the judge and the specific situation. Good luck and schedule an appointment with... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: If I have a warrant in the next County where I live. For a failure to appear . My question is can i renew ID Card

Can I renew my ID without going to jail, I don’t have a driver’s license

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Jan 22, 2020

If you have a warrant for your arrest you will be arrested the next time you come in contact with a police officer. Warrants, especially for misdemeanor cases, are extremely easy to resolve. Hire a lawyer and follow their advice. However, if you go renew your ID you will very likely be arrested by... View More

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