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Texas Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Texas on
Q: What is taking fruit from the forbidden tree?
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More

0 Answers | Asked in Criminal Law for Texas on
Q: filed assault on a person baiting me to their home thinking I could rent a car but just set me up to fight. Can I sue?

We set an agreement on me renting a car from her for 150/wk. When I got there she told me she just brought me there to waste my time and fight over a man I don’t even talk to. I told her I didnt want to but she refused and of course we fought. She tried pulling out a gun on me. I didn’t... View More

0 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: How can I have my bond forfeiture case reset?

My notice to appear was sent to the wrong address and returned. I had another court date scheduled on the same day. I was sick with fever for almost 5 days and had the one rescheduled. If I had known there was another I would’ve called them too.

0 Answers | Asked in Criminal Law for Texas on
Q: How long do they have to hand down an indictment in the state of Texas?

My son is in jail on a blue warrant for a domestic violence charge. He was arrested last year on a drug charge after he was pulled over. He is on bond for that charge but there has been no indictment handed down on it.

1 Answer | Asked in Criminal Law for Texas on
Q: Can a defendants proffer from a plea agreement that was successful withdrawn be used @sentencing in a new plea agreement

Defendant withdrew plea agreement and was set for trial but signed a new separate plea agreement. Can proffer under previous withdrawn plea agreement be used against client in sentencing under new plea agreement?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024

The answer to your question is in your signed Proffer agreement. Unless you lied, or broke the proffer agreement, the government should NOT be able to use your proffered statements.

I hope this helps.

1 Answer | Asked in Criminal Law for Texas on
Q: I let my sister hold $10,000 of my cash in Texas. Her husband lent us his car and it was damaged can he take my money?

he took my money from my sister and refused to give it back because his car was damaged. Is that legal?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

Not legal unless the deposit of the money was for the purpose of securing or insuring the car you borrowed. What he did is called conversion, and may be considered a felony theft. If he doesn't give the $ back, or try to make arrangements with you, then you should call the police to get your money.

0 Answers | Asked in Criminal Law for Texas on
Q: If I’ve given written/signed consent for police to do a phone search, can I withdraw that consent?

They have had the phone for over 2 weeks now, and I’m not sure if it’s been searched through or not.

0 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can you be stop for speeding on an on ramp when you have not met the speed of the highway you are getting on

The frontage road had a speed limit of 45 and the highway was 65. The stop was for speeding 61 in a 45.

0 Answers | Asked in Criminal Law and Family Law for Texas on
Q: What do I do if my husband and I was accused of molestation of our 17 year old and didn't do it but we left town

My husband is a felon and I've never been in trouble and we didn't do anything it's all a lie but we ran cuz he won't go back to prison what r my options

1 Answer | Asked in Criminal Law for Texas on
Q: Hello, my son is being coerced to accept the DA 40yr plea deal instead going to trial. Poor representation by attorney

my son is currently incarcerated in the Harris County Jail downtown for a capital murder that he did not commit no gun , no one was there to say it was him. Just a young lady who assume my son went to kill this person on her behalf. The DA claim my son admitted during interrogation that another... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

If your son did not commit the murder, your son should not accept the plea deal.

If your son is not receiving quality legal representation from his current lawyer, you should hire a different lawyer to defend him.

Capital murder cases are the most scrutinized criminal cases on...
View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Texas on
Q: What are the ethics rules when a patient sexually assaults their doctor and the doctor continues to treat the patient?

A doctor is sexually assaulted by their patient, does not report the situation to law enforcement, and continues to treat the patient for another two years until their death. Is the doctor violating any ethics rules? Does the doctor have an obligation to refer the patient to a new physician who... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

That's a horrible story!

The patient should have gone to jail!

Each State has ethical rules with which every Doctor must comply as part of having a license to practice medicine.

However, none of the rules limit the rights of any doctor, who is a victim of a crime....
View More

0 Answers | Asked in Criminal Law and Elder Law for Texas on
Q: Hi, I sent a series of Wire transfers to JP Morgan Bank in Illinois, cashed by a person who appears to be a non entity

His name is xx, in Markham Illinois, at the Chase Bank 4001 W 167th St, Country Club Hills, 60478, USA. I was referred to him from a friend to whom I could trust to pass on the money to her for investment. The problem is that the bank won't talk to me as I'm not a member and in order to... View More

0 Answers | Asked in Criminal Law for Texas on
Q: Can ur lawyer suddenly withdraw ?without telling you. & knowing it will cause you alot of serious legal problems.

He withdrew because he said there was a communication problem. He was the problem. He would forget things I told him, alot. He rarely answered his phone when I'd call him. I'd send him text messages, but he wouldn't respond . He knew I was in rehab but didn't tell the court. He... View More

1 Answer | Asked in Criminal Law for Texas on
Q: a cop lied in part of my statement that i never said

i got indicted over a part of a statement i never said what can i do to the cop

John Michael Frick
John Michael Frick
answered on Apr 15, 2024

You can try to impeach the officer's testimony at trial to persuade the jury you never said that part of the statement.

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