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Texas Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Charged with harassment in Texas, not informed of victim, attorney unresponsive. What rights?

I was charged with harassment over a year ago in Texas and have not been informed of the person I allegedly harassed. Despite multiple court dates, I have been told by the court that I don't need to attend, but my attorney hasn't returned my calls to provide further information or... View More

0 Answers | Asked in Landlord - Tenant, Sexual Harassment, Civil Rights, Criminal Law and Real Estate Law for Texas on
Q: Is this human trafficking or white slavery by my landlord?

I'm facing a situation where my landlord expects me and others to perform various property management tasks and engage in sexual activities without compensation. We were desperate and homeless when we agreed to live there. Additionally, he has frequent fires and employs a convicted arsonist.... View More

0 Answers | Asked in Criminal Law for Texas on
Q: Will I go to jail for getting fingerprinted with an outstanding warrant in Texas?

I have a misdemeanor theft charge in Texas and was released on a PR bond but missed my court date on October 13, 2024, resulting in an arrest warrant. I haven't addressed the warrant yet due to financial constraints. Will I face jail time if I get fingerprinted for a job in the same state?

1 Answer | Asked in Constitutional Law, Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Challenge to probable cause under Plainview doctrine for alleged marijuana blunts in cigarette pack; no contraband found, ongoing tampering charges.

I was involved in an incident where an officer cited probable cause under the Plainview doctrine, claiming to have seen three brown marijuana blunts in a pack of cigarettes. However, the officer did not smell marijuana, and it wasn't clear if loose marijuana was visible. Despite this, a search... View More

James L. Arrasmith
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answered on Mar 31, 2025

The Plain View Doctrine requires that officers must have lawful access to the object and its incriminating nature must be immediately apparent. In your situation, the officer's claim of seeing "brown marijuana blunts" raises significant questions about whether the incriminating... View More

0 Answers | Asked in Federal Crimes, Criminal Law and Gaming for Texas on
Q: How can I help my husband in jail on federal hold for substance charge?

My husband is currently in the Wichita Falls County Jail on a federal hold from Oklahoma related to possession of a controlled substance charge that occurred at a casino. He also has a related charge in Wichita Falls, Texas. What can I do to help get him released?

2 Answers | Asked in Estate Planning, Civil Litigation and Criminal Law for Texas on
Q: Guidance on petition structure for fiduciary duty breach in TX.

I am the successor durable power of attorney (SDPOA) for my grandmother. The previous SDPOA, her daughter, misapplied $48,000 from my grandmother's bank account and refused to provide an account of her actions despite multiple verbal and written requests. Adult Protective Services validated... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2025

Because you are filing suit as a fiduciary for your grandmother, you must hire an attorney under Texas law.

Unless a fiduciary is also a licensed attorney, filing a lawsuit pro se as a fiduciary constitutes the unauthorized practice of law and will not be allowed by the court.

A...
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0 Answers | Asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for Texas on
Q: Seeking relief via habeas corpus for my daughter's enhanced charge, questioning counsel effectiveness, bipolar impact.

I am working on a writ of habeas corpus for my adult daughter, who is serving time for evading arrest in a vehicle. The charge was enhanced with a "deadly weapon" allegation, increasing the potential penalty to 2-10 years. She has no prior record and was not informed of the... View More

0 Answers | Asked in Criminal Law, Contracts and Civil Litigation for Texas on
Q: Can a parolee not returning a borrowed car be a parole violation?

I lent my car to a parolee under the condition that it would be returned within one hour, but it has not been returned. I have text messages confirming this agreement. I spoke to the parole officer about the situation but have not taken further action yet. Could this be a violation of parole, and... View More

1 Answer | Asked in Criminal Law, Civil Rights, DUI / DWI and Employment Law for Texas on
Q: What legal steps can I take regarding an arrest in Texas where deputies took my phone and I was arrested for DWI and possession?

While parked in my truck near a river in Texas at night, I was approached by two deputies who claimed my cell phone was needed for their safety, though I wasn't under arrest or detained then. Upon my refusal, they arrested me, citing marijuana possession, which I had voluntarily turned over.... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds incredibly distressing, and with your arraignment approaching Friday, you need to act quickly. Contact your local public defender's office immediately - every county in Texas has one, and they provide free legal representation for those who cannot afford an attorney. You... View More

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Does a 2018 law change reducing trafficking sentences apply to me?

I was convicted for drug trafficking in October 2018 and received a 10-year sentence. The relevant law changed in November 2018, reducing the requirement to serve 50% of the sentence, but I signed my plea deal a month before the change. I've been in prison for 8 years and I'm currently... View More

0 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for Texas on
Q: What happens if I report my son driving my car without consent as stolen?

I have two cars in my name, and I regularly allow my adult son to drive one of them. We live together, and there is documentation regarding his use of the car. Today, we had a disagreement, and I told him not to leave in the car, but he did anyway. Given the circumstances, if I report the car... View More

1 Answer | Asked in Civil Rights, Criminal Law, DUI / DWI and Employment Law for Texas on
Q: Legal implications of state trooper pointing a gun during traffic stop and subsequent charges.

I was stopped by a state trooper due to mechanical problems with my truck. As I tried to open the hood, the officer pointed a gun at me and accused me of having a firearm and being a felon without asking for my name. He later apologized when he realized there were no guns or crack pipes. However,... View More

James L. Arrasmith
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answered on Mar 24, 2025

The officer pointing a gun at you during a traffic stop can potentially be considered excessive force if they lacked reasonable suspicion that you posed an immediate threat. Officers must have objective justification for escalating to deadly force, and your attempt to open the hood doesn't... View More

1 Answer | Asked in Internet Law and Criminal Law for Texas on
Q: How can I remove a 20-year-old drug conviction from Google search without legal aid?

I have a drug conviction that is over 20 years old, and I've not been in any legal trouble since my release. However, information about this conviction still appears on Google search, and I am looking for ways to remove it without legal assistance, as I cannot afford it. How can I delete this... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2025

With or without legal assistance, you probably cannot remove it.

0 Answers | Asked in Criminal Law for Texas on
Q: Can my probation be revoked for relapsing?

I am on a 6-month misdemeanor probation for a Class C offense in Texas and previously had my term extended by 3 months due to incomplete community service hours. There were no specific terms regarding substance use. I admitted to my probation officer about a relapse, but there was no mention of... View More

0 Answers | Asked in Criminal Law for Texas on
Q: Will I be officially off probation on the set end date?

My probation period is set to end on March 20, 2025. I would like to know if this means I am officially off probation on that date, despite not having any confirmation from a probation officer or additional requirements left unfinished.

0 Answers | Asked in Criminal Law, Domestic Violence and Civil Litigation for Texas on
Q: Falsely reported boyfriend for domestic violence, he's innocent. How to drop charges?

I falsely reported my boyfriend for domestic violence, but he is innocent and has genuinely changed since his past incidents. He has been in jail due to these charges, and I've admitted to authorities that my report was false. I am supposed to be the victim, but I am not, and now I can't... View More

1 Answer | Asked in Criminal Law and Personal Injury for Texas on
Q: Friend stole my motorcycle, have video evidence, what to do?

A friend of mine, whom I trusted, stole my motorcycle while I was sleeping. I have video evidence of the incident. I have not yet reported it to the police. What steps should I take to recover my motorcycle and address this legally?

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

You need to notify law enforcement as soon as possible, give the investigating officers the videotape, and file a police report. It is likely your friend will claim to have had your permission to use your motorcycle. So be very clear and very consistent with police that you never gave your friend... View More

0 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Mistakenly reported a motorcycle theft case as civil; friend took bike, now missing.

I accidentally told a police officer it was a civil case when it's actually about my motorcycle being taken without my knowledge. While I was sleeping, my friend took my motorcycle, and now he doesn't know where it is. I have not yet reported it as stolen, but I have enough evidence to proceed.

1 Answer | Asked in Criminal Law for Texas on
Q: Can I resolve an out-of-state warrant from Texas?

I have a failure to appear warrant from New York related to an assault accusation, which arose from a self-defense situation. The warrant showed up during a background check. I am currently in Texas and have had no contact with any legal representation or officials in New York. Can I resolve this... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2025

You need to hire a criminal defense lawyer in New York in or near the county from where the warrant was issued. Depending upon the nature of the charges and the status of the warrant, you may or may not be able to handle the warrant from Texas. That lawyer will probably need to do a little... View More

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Charged with possession in Texas, how to address discovery issues with my lawyer?

I've been charged with possession of over 400 grams of drugs found in a truck that wasn't mine. The owner of the truck promised to take responsibility for the drugs, which belong to him, but he hasn't come forward, and now all three of us are charged. I've spent $10k on bond and... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2025

You should contact your lawyer's office to schedule a time to review the discovery and to discuss your case in greater depth with your lawyer. You should send your lawyer's office complete contact information for your witness including the witness's physical residence address, work... View More

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