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Texas Criminal Law Questions & Answers
1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Texas on
Q: Can we sue the previous owners of a home we just bought for falsifying their Seller's Discloser?

We purchased and closed on a home July 19, 2022. The Sellers falsified information on the real estate home disclosure form. Because they stated that everything was in working condition and failed to disclose many hazardous matters that they were apparently aware of, along with literally covering up... Read more »

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

It depends on what, if any, warranties you received when you purchased the home. Most previously-owned homes are sold as-is, meaning the buyer is not relying on any representations or promises from the seller regarding the condition of the home.

It is unsettled as to whether you can...
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0 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Construction Law for Texas on
Q: Help please

Short question is I had a lawyer that was going to take over my felony I was under the assumption that he had talked to my lawyer and got that paperwork taken care of I had called him regarding a court date he informed me that it had been canceled rescheduled in fact it hadn't been and now I... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I’ve been charged with terroristic threat but for months my ex and her family have threatens my families life.

I have kept quiet in hopes my manipulative ex would chnage but never did, just got worse and ended up in a dark place feeling used and played by someone I loved. Can they go back and charge her and her family as well for threatning me? I have proof of it happening multiple times. Does this help the... Read more »

Grant St Julian III
Grant St Julian III
answered on Dec 8, 2022

No one in this forum can evaluate your case. No one here knows the evidence in the State's possession. Have this discussion with your attorney.

You are going to have to retain one; the DA is not going to dismiss the charges against you just because you walk into court and state:...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Juvenile Law for Texas on
Q: My fifteen year is currently being put on a protective order by his ex girlfriend. The messages dont match story

Yet there is no evidence of any physical abuse or violence all hersay. Her world against my son’s word and the text messages at the time of alleged events.

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

Her word is evidence. The court will evaluate her testimony and your son’s testimony in light of other evidence including the surrounding facts and circumstances presented in the hearing.

If you think contemporaneous text messages are inconsistent with what she will say, you should...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: when i am filling out any application they ask me about my criminal record but not sure if its a yes or no

hello i was arrested in Texas, Harris county because i was drifting at a street take over and the cops charged me which deadly conduct (felony) and they seized my car, once i was booked in the DA dropped the charged down to a reckless driving (misdemeanor) and i was out on a PR bond. my lawyer got... Read more »

John Michael Frick
John Michael Frick
answered on Dec 7, 2022

From your description, it sounds to me like you received deferred adjudication for reckless driving. Reckless driving is not a felony. Technically, it is also not a Class A or B misdemeanor; it is a hybrid offense.

Answering no to both questions might be perceived as being dishonest by...
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1 Answer | Asked in Health Care Law, Civil Litigation and Criminal Law for Texas on
Q: I wanted to ask if I have standing to bring a lawsuit against a hospital that had me arrested for assault

While a patient in the emergency room at a hospital in Amarillo, TX I had a grand-mal seizure. While having the seizure a security guard for the hospital was trying to hold me down to a bed and I have been told that I had bit him and ran from the hospital. Well 4 months later I got stopped on the... Read more »

John Michael Frick
John Michael Frick
answered on Dec 6, 2022

If you successfully defend the third degree felony assault case, you might be able to sue the complainant—whether that’s the security guard or the hospital—for malicious prosecution.

This is a very difficult type of lawsuit to prove, so be prepared to pay a hefty fee to any attorney...
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1 Answer | Asked in Criminal Law for Texas on
Q: I was charged June of 2021, 18 months ago for poss of controlled substance < 1 under 4 how long do they have to indiet?

They charged both my passenger and I with the same charge

Grant St Julian III
Grant St Julian III
answered on Dec 6, 2022

The statute of limitations for the offense you describe is three years.

0 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: I need assistance answering immigration questions for my wife.

My wife is currently on an immigration hold at the Harris County Jail. She was taken in on Wednesday due to a warrant for outstanding traffic tickets. However she is not a us citizen and even though I paid the cash bond on Thursday, they did not release her and transferred her from processing to... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I was visiting my friend in a trailer park I used to live in.manager follows me to his trailer and tells him I'm trespas

He owns property and trailer and I have other friends I visit in trailrpark also.ive committed no crime at all.

Brian Marc Roberts
Brian Marc Roberts
answered on Dec 5, 2022

A property owner has the right to bar you from their property for any reason. Now that you have received a trespass notice, if you return to the property the owner can call the police and have you charged with misdemeanor criminal trespass.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What's the best way to prove police harassment and can I file a lawsuit myself against a game warden for harassment
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Dec 4, 2022

If you can afford to hire an attorney, thats the best way to try and prove it. Expect to pay a retainer - unless you have significant and measurable damages, an attorney won’t take your case for free (on a contingency fee, where they get paid in the end, only if you do…). You absolutely can... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: What liability do I have if I sold a car to someone but someone else owns the title?

I sold a car to someone and they never transferred the title. A couple of days later, I mistakenly signed over the title to a dealership when I bought a new car. (I thought I was being given the option to turn in the car OR pay the trade in value of $1,000.) The dealership filed the title with the... Read more »

John Michael Frick
John Michael Frick
answered on Dec 4, 2022

You likely have both civil and criminal liability. But I’m finding it difficult to follow how this happened.

When you sell a car to someone else, you sign the back of the car title, fill in the buyer’s name and odometer reading, and give the buyer the title and possession of the car....
Read more »

0 Answers | Asked in Criminal Law for Texas on
Q: Does Rule 1.11: Special Conflicts of Interest for Former & Current Government Officers apply?

Names and dates have been changed:

Mr. Tay was arrested, charged, and set for trial, for Att. Commit Murder in August 2005. The prosecutor (outtake Da) for Mr. Tay case was Ms. Priest. In October 2005 Mr. Tay was shot and killed. A Mr. Green was arrested and charged for Mr. Tay’s, death... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Comments on the next court date says CW Contact/Interview? What could this possibly mean?

This is the fourt court date within a months time frame.

Grant St Julian III
Grant St Julian III
answered on Dec 5, 2022

The DA has to speak with the Complaining Witness (victim) in the case before a plea offer can be made.

1 Answer | Asked in Criminal Law and White Collar Crime for Texas on
Q: If your lawyer at lies about receiving documents is that considered obstruction of justice
John Michael Frick
John Michael Frick
answered on Dec 2, 2022

The answer to this question depends upon the particular facts and circumstances. Attorneys have some degree of immunity, but deliberately lying to law enforcement during the course of a criminal investigation could theoretically, under the right circumstances, constitute obstruction of Justice.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I owned property and had tickets in my real name. I was set up for another crime and they arrested me under my stage nam

I was a property owner in a small County in Texas everyone knew me under my real name. After turning in a cop for sexually molesting me they raided my house and arrested me free charges under my stage name. Even with me fighting it they would not put my real name. They sent me to prison with no... Read more »

Stephen A. Nicholas
Stephen A. Nicholas
answered on Dec 1, 2022

I think you need to explore your situation with a lawyer that practices civil rights law. The criminal aspect of what happened is apparently concluded & I'm assuming you had a lawyer representing you to whom you posed these questions. Your overall question is somewhat confusing because you... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How long does the DA have to serve indictment once arrested and out on bond in texas felony charge
John Cucci Jr.
John Cucci Jr.
answered on Dec 2, 2022

This question involves a lot of laws and statutes.

Once you are Indicted by a Grand Jury, the clock starts ticking for your SPEEDY TRIAL. The clock starts once you are arrested for the charge in the Indictment, or once you actually Answer, in court, for the charge. Once you have Answered,...
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2 Answers | Asked in Criminal Law for Texas on
Q: Arrested . Posted bond on have no court date scheduled are no indictment felony its been past 180days

How long til charges dropped in texas

John Michael Frick
John Michael Frick
answered on Dec 1, 2022

The DA can drop the charges at any time but is not legally required to do so simply because of the passage of time; however, the statute of limitations may prevent the DA from prosecuting you if the DA does not secure an indictment before the statute of limitations expires. The general statute of... Read more »

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0 Answers | Asked in Criminal Law for Texas on
Q: Can an inmate be a309 at a jail with a fince around it if he has a felony fleeing on his record in Arkansas

Or what qualify s an inmate to be a 309 at a jail

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