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Texas Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Why is it on this case Derek Paredes v the state of texas, the evidence isn't 100% proof, but he still got convicted?

I'm curious on why they relied on prior cases instead of technology.?

I'm interested to know more.

1 Answer | Asked in Criminal Law for Texas on
Q: My son was searched my a manager at an olive garden apon entering for some dinner is that legal
John Michael Frick
John Michael Frick
answered on Jan 14, 2025

There are really two possibilities:

1. Your son did not consent and the manager assaulted your son.

2. Your son consented and allowed the manager to search him.

A restaurant manager has no effective way of searching a guest without the guest's consent other than by...
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0 Answers | Asked in Criminal Law for Texas on
Q: I was on probation in California I transferred to Texas and received a letter from California stating I discharged

California Penal Code Section 3456(a)(3)

0 Answers | Asked in Criminal Law for Texas on
Q: Family Violence - Pretrail Diversion Program Eligibilty

Is a first-time defendant charged with a family violence misdemeanor in Denton County, Texas, eligible for a pretrial diversion program, particularly when the alleged victim has a pending sexual assault charge against them that is soon to be presented to a grand jury? If eligible, would the... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: will a possession of marijuanna arrest without a conviction keep me from obtaining a massage therapy instructor license?

i was arrested in 2018 i completed pre-trial diversion and am eligible for expungement but it has not happened yet because of financial barriers. i have had no subsequent legal troubles or arrests. i have been a licenced massage therapist for over 10 years with no issues in retaining my license... View More

John Cucci Jr.
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answered on Jan 10, 2025

If you completed your DIVERSION program "satisfactory" and the judge told you in court, that your weed case was dismissed, then your application for a massage Instructor, will not be stopped or hurt, due to your past criminal charges. You should get the expungement as soon as you can.... View More

0 Answers | Asked in Criminal Law for Texas on
Q: My boyfriend is in county for felon possession of firearm and body armor and was told by his lawyer if I sign an affi

My boyfriend asked me to sign afidative of nonprosicutuon to get the felon of firearm and body armor dropped should i

1 Answer | Asked in Criminal Law for Texas on
Q: I’m appealing the district court denying my in forma pauperis request saying it’s taking in bad faith

I’m appealing the district court denying my in forma pauperis request saying it’s taking in bad faith..it say to prove it’s not taking in bad faith This court must determine whether Anderson has raised any “legal points arguable on their merits (and therefore not frivolous)

John Michael Frick
John Michael Frick
answered on Jan 9, 2025

Yes, a district court may dismiss an action when an inmate requests to proceed in forma pauperis if the Court finds that the claim is frivolous or malicious.

Section 14.003(b) provides:

In determining whether a claim is frivolous or malicious, the court may consider whether:...
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0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Do we have any action to get his street time back?

my husband was sent back to TDCJ with no new condition on his parole according to his paperwork. His original charge was aggravated robbery and was sentenced 10/14/2010 to 15 years. He was out for 3 years 6 months 10 days. He would have discharged in June 2025. The blue warrant was issued... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can you report an attempted assault with a deadly weapon after the offense has occurred? 7-8 months ago
John Michael Frick
John Michael Frick
answered on Jan 8, 2025

Yes. The statute of limitations has not yet expired.

But the length of time between the assault and report may very well cause law enforcement not to forward your case to the district attorney and may very well cause the district attorney not to file the case unless there is a very good...
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1 Answer | Asked in Criminal Law for Texas on
Q: Is there anything that can be done for an attempted assault with a knife that happened in the past?

Happened between a father and son, son is an adult. Father got upset at son and told him to get out of his house as he approached son with a knife. This occured after Son tried to explain what he was doing to clean house before guests arrived. Son had to physically attempt to remove weapon for fear... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2025

I assume the son was charged with a crime.

The best way to handle things is to get a witness or the victim to HAND-WRITE their statement stating exactly what you have told us at Justia. That should help. But do not do anything without the approval of your attorney. There are always things...
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0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Can my husband get his street time back?

He is in TDCJ already in Hondo Texas and he thought he was just going to do that 1 year state but was sent to back to prison and has not received his revocation packet. I have requested it but they told me its confidential.

my husband was sent back to TDCJ with no new condition on his... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Federal Crimes for Texas on
Q: My report says that the k9 officer saw me drive out of a dead end street that has a known home on the street to be a

Drug house. And he followed me to run my plates to pull me over for no insurance. In the report he states traffic stop for no registration. Now he already had his k9 dog in the back of his car at the time of the stop. A second officer pulls up. After 37 minutes from being stopped to dog sniff to... View More

James L. Arrasmith
PREMIUM
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answered on Jan 10, 2025

This situation raises several concerning legal issues regarding the traffic stop and subsequent search. The initial basis for the stop appears questionable, as merely exiting a street with a suspected drug house typically doesn't constitute reasonable suspicion for a traffic stop.... View More

0 Answers | Asked in Criminal Law, Health Care Law and Personal Injury for Texas on
Q: disabled brother was violently assaulted at arrest, He is held in solitary, feeding tube dependant, not cared for.Help!

I have been dropping med. Supplies and fighting 3 wks for his meds. Some still denied. Rehab witheld 3wks now. He was coughing up blood and feeding tube is leaking. It is overdue to be changed and they won't allow him or won't themselves inflate the baloon with saline to prevent stomach... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Can your statement be suppressed if the police officers didnt read your Miranda rights? This lawyer didn't argue it
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2025

A statement by an accused or defendant can be suppressed if the Miranda Warnings were not given. This applies when the accused is either in custody or under arrest. If your statement was not made under those circumstances, then Miranda rules will not apply.

I hope this helps.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: What is the Criminal Statute of limitations Forced Labor Title 18 1589 (5 years like other felonies or 10 years)?

I have a situation that is ongoing and being discovered recently. I am planning to go to LEO either way, but would like to know how long on a federal level the government has to bring a case?

Also can things like tolling and fraudulent concealment extend the statute of limitations?

James L. Arrasmith
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answered on Jan 6, 2025

Under Title 18 §1589, which addresses forced labor and human trafficking, the general statute of limitations is five years. This aligns with many other federal felonies. However, specific circumstances of your case might influence this timeframe.

If there has been fraudulent concealment or...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: My husband needs help for post conviction. His lawyer didn’t do much and and now his facing 5 years.

Last year in September both my husband and I were arrested for possession of 1-4 grams of meth and a shotgun. My husband was charged with 3 charges and I had possession for 3 grams. I wrote an affidavit stating everything found was mine. They were in my bags and luggage. My husband wasn’t aware... View More

Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Jan 4, 2025

The problem that your husband is having is that, plea agreements are un-appealable. In fact, when the judge sentence a person, the judge usually says "since I filled the plea, you don't have the right to appeal my decision." Without seeing the evidence on the case, it would be... View More

0 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Could 2 felony get probation with an assault

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