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Texas Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Texas on
Q: Is it normal for a lawyer to send you a motion and tell you to sign , have it notarized and bring to court?

Another attorney that was on my case filed a motion and did not have me sign and bring it to court. Don't they have people that notarize etc at court?

0 Answers | Asked in Criminal Law for Texas on
Q: When you accept a plea, should the conditions be presented to you as well?

I'm finding out that additional conditions will be added after I accepted a plea. Is this normal?

1 Answer | Asked in Criminal Law and White Collar Crime for Texas on
Q: With computer crimes , is it an open and shut case if they have your IP address?
John Cucci Jr.
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answered on Jun 9, 2023

NO!

All elements of a crime must be proven to find you guilty of a crime.

Good Luck!

0 Answers | Asked in Criminal Law for Texas on
Q: Is it standard for pleas to say incarceration or inpatient treatment?

My attorney said that it is but I don't trust him

1 Answer | Asked in Criminal Law for Texas on
Q: What are the benefits of a pre sentence investigation? Is it required in all felony cases?
John Cucci Jr.
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answered on Jun 9, 2023

A PSI is usually used in a case where the DA and the defendant can not reach a solid plea deal. The PSI is prepared by the probation dept and is slanted towards the State. Any good defense lawyer will prepare a counter-report for the defendant. This is the last chance for the defendant to show the... Read more »

0 Answers | Asked in Criminal Law for Texas on
Q: On probation, spent 1 yr in prison new charge but prob revoked when released. Can I get credit for yr towards revoked ?

I was on probation for charge #1 when I got sentenced to a year for charge #2 (both state jail charges). I wrote to my county of probation on charge #1 a notarized letter and asked them to transfer me to the county so I could just served my time and get them run concurrent. Of course received no... Read more »

0 Answers | Asked in Criminal Law for Texas on
Q: With a 20-year sentence and with me making parole with a Oklahoma detainer for drug court how long do they have to come

I've made parole on a 20 year sentence and back in October 2022 they put a Oklahoma drug court detainer on me it's been 8 months how long do they have to come get me and if they don't agree to come get me but don't want to drop the detainer how do I go about getting the detainer... Read more »

0 Answers | Asked in Criminal Law for Texas on
Q: My attorney persuaded me into taking a plea despite he has never went over my discovery with me or spoke to me more once

He then lied to the judge we've spoken several times . Currently he will not meet with me to answer my questions and is stating if I try to back out of the plea the court will make it an open plea and I'm subjected to go to prison. I obviously was not represented or defended. He never... Read more »

0 Answers | Asked in Criminal Law for Texas on
Q: Found credit card. Purchased 5 gift cards of $200. Placed order online then canceled it. This was 2 months ago.

Received a call from investigator to call them back. What do I do

1 Answer | Asked in Criminal Law for Texas on
Q: Is 50,000 an excessive bond in Texas for illegal dumping?
John Cucci Jr.
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answered on Jun 7, 2023

The answer to your question is yes.

If you dumped one bag of garbage - no.

If you dumped more, then yes.

I hope this helps.

1 Answer | Asked in Criminal Law for Texas on
Q: Can you lawyer refuse to meet or talk with you after a plea entered, before sentencing?

If not, what should I do? I have a lot of questions and no one to ask.

John Cucci Jr.
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answered on Jun 7, 2023

No. Unless your sentence has already been agreed upon.

If not, Call the bar on that fool!

Make a complaint. He or she is required to meet with you to discuss and prepare for sentencing, if it has not been agreed to by your lawyer and the DA.

0 Answers | Asked in Criminal Law for Texas on
Q: Are PSI done before a plea or after? Does all pleas have the verbiage on it about inpatient treatment and confinement?

I signed a plea with very limited conditions but it states that additional conditions can be added if the PSI states it should. My attorney say conditions can be negotiated, is this true? If so , why the PSI or the conditions not entered prior to plea. I previously turned down a plea because of the... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Does Texas have pretrial diversion in a felony case ?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 7, 2023

Yes. but not all counties have PTI.

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0 Answers | Asked in Civil Rights, Criminal Law and Constitutional Law for Texas on
Q: Can the judge or ADA make you remove, delete etc evidence of a crime ,someone else committed , and you exposed online?

The illegal activity was not done by the party asked to remove the post. A criminal court asked for the post to be removed. Not civil or federal, so it was not defamation

1 Answer | Asked in Criminal Law for Texas on
Q: I am on probation out of lubbock, tx. I have the Texas CUP script. Can a judge still not allow that on my probation?

I have the TCUP prescription. I provided documentation to my probation officer and she implied that the judge may not allow it. Is that legal? Can a judge not allow me to take something that is prescribed?

John Cucci Jr.
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answered on Jun 6, 2023

You should have had this issue dealt with at your sentencing.

Nevertheless, a Judge can not override a doctor's prescription.

0 Answers | Asked in Criminal Law for Texas on
Q: Please clarify what this means. I accepted a plea with this verbiage, "if any form of community supervision is....

recommended, the defendant understands without rejecting the plea, has the discretion to recommend any reasonable conditions of supervision , not limited or prohibited by the plea agreement , including confinement or inpatient treatment. My attorney says that is standard but I don't know. He... Read more »

0 Answers | Asked in Criminal Law for Texas on
Q: Is it standard for a plea to say inpatient or treatment when this is not a mental health case but computer related?

My attorney said the wording is on every plea.

0 Answers | Asked in Criminal Law for Texas on
Q: Can a person just say they felt harmed and not have to prove how?

I accepted a plea that I intentionally harmed someone with my words but this was not MY intention. What can I do? I would like to back out of the plea or only admit to part that I'm guilty of

0 Answers | Asked in Criminal Law for Texas on
Q: Can I attach things to my case file after I accept a plea, for the judge and everyone can see?

Evidence of deception by my attorney, unethical behavior etc. I'm aware I can let the bar know but right now he is on my case and I foolishly accepted a plea after speaking with him one time

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