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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Trial by jury was dismissed before going to trial?

My daughter filed a report on her uncle for molestation and harris county reset her case for 7 years. Then went to trial by jury but was dismissed before the jury was selected. How can that be?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

The prosecutor might decide to dismiss a case for many reasons, for example, if they don't believe the admissible testimony and evidence will prove every element of the offense beyond a reasonable doubt.

1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: I recently was charged for human “smuggling” in Texas passing the checkpoint in Zavala County, Texas. Please help

I don’t consider this to be smuggling since I didn’t gain no money and I didn’t cross anyone over the border the illegal aliens were already in Texas I just had to pick them up. And now I got a charge for this and pending court date.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 17, 2022

It is irrelevant whether you received any payment for your activities or whether the foreign nationals were in the United States: these are not the requisite elements of the current criminal charge you are facing, witch has a possibility of a prison sentence upon conviction.

You must...
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1 Answer | Asked in Criminal Law, Collections, Domestic Violence and Small Claims for Texas on
Q: I have some personal property voluntarily held at a friend's house whom is now suddenly claiming it as his own to sell

It's a very large slab of wood worth over 1000 in it's raw form. It is really heavy so I have to get help to move it (31, F) There have been several times when he could have stated his sudden belief of ownership, but even the day it came into question he tried to hide what he was doing... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.

Frankly, this sounds like a matter for civil...
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0 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: HVAC company technician goes into our bedrooms without our permission

I call an HVAC company to fix our furance (located upstairs) I explained we weren't home but I could remotely open to door so they can preform the work. We were almost home, When we arrive, the technician is laying in our bedroom on the bed with his feet propped up, BOOTS ON, everything. I... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Texas on
Q: What do I do if my ex is constantly texting me vulgar messages after asking her to stop

Police won’t do anything, do I need to take her to court, will she have to pay for legal fees if I do? We have 2 kids together so we need to talk ANOUT THE KIDS but she is constantly tearing me down. SHe hates my girlfriend and talks bad about us to the kids.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Respond that you are only willing to talk to her about the kids. Do not respond to anything else she sends. If she continues to send those messages after you have been 100% clear AND you have stopped responding, then she is committing the crime of Harassment. The cops probably won't do... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is there a protocol for evidence left out of discovery from defense attorney by prosecution

In a drug case the prosecution omitted the warrant for the gps device on my gf car she was pulled over for “ no plate on the front of vehicle “ but police said he was going to pull her over anyway ! But lied in the suppression hearing which she was denied ! He was instructed to pull her over by... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

If the defense attorney believes the state is withholding evidence that was covered by a timely request, or that they are withholding evidence that they have an affirmative duty to provide without a request, then he or she may file a Motion to Compel and request a hearing on that motion. However,... Read more »

0 Answers | Asked in Criminal Law for Texas on
Q: can I get a free lawyer for my son in custody charged with aggravated assault with a deadly weapon

my son is in jail for bond forfeiture charged with aggravated assault with a deadly weapon he did nor commit this crime has never been in trouble before

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it unlawful to omit a warrant from discovery that was used to track individual with gps and pull them over ?

In a case where they used gps on a vehicle to track person wouldn’t prosecution have to make it available for the defense in discovery ? her suppression was denied but the warrant could have shown premeditation for the traffic stop ! Cop said I was going to pull you over anyway but lied on the stand

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

No, not unless it was specifically requested and improperly withheld. The prosecution only has a duty to proactively provide the defense attorney copies of any exculpatory, mitigating, or impeachment evidence. Copies of other evidence are only provided if the defense attorney first makes a timely... Read more »

0 Answers | Asked in Civil Litigation, Criminal Law, Federal Crimes and Identity Theft for Texas on
Q: Need top atty for asault to child/asault on adult/ impeding officer , theft of phone . in angelina county tx.for innocen

Wrongfully charged and would like fo press charges on zavalla pd Department officer. And the a cuseing people for defimation of charecter , injury to elderly failure to render aid on officer. Threatning my sons life and freedoms . false charges due to hear say. Charges on city pd dept for inte... Read more »

0 Answers | Asked in Criminal Law for Texas on
Q: In Texas, if in county jail, arraigned, assigned a public defender, when must the PD contact you? Thank you

what are a person's right to access their public defender, my son has been in jail for about a week and a half and has never spoken to a lawyer.

He put in a request to see him today. I am his stepmother and have left 2 messages ,stating I just want to know if there was an

ADA... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My son was arrested because he had his prescription meds in his pocket. He has proof from Dr. that he is prescribed

Will it be enough to bring proof of the prescriptions to court to have this dismissed? Will a court appointed attorney be able to handle?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 10, 2022

Of course his court-appointed attorney can handle this. And it's considerably more complicated than your son just bringing proof of the Rxs to court. Have him turn over those prescriptions to his attorney. I hope you get on top of this very quickly because it's possible that the lawyer... Read more »

2 Answers | Asked in Banking, Criminal Law, Identity Theft and White Collar Crime for Texas on
Q: Is there someone that can be held responsible for the headache this charge has caused me?

About myself: Besides a dismissal back in 2006 for Driving with Invalid License, and now this case, I have no other criminal history.

Recently, I was arrested due to having a warrant for one charge that was due to 2 hot checks I supposedly wrote at HEB, back in 2018.

I was confused... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 9, 2022

Generally, a person has to pead guilty or "no contest" (which is the same thing as pleading guilty) in order for them to be placed on probation. And if you pleaded either of those, I'd say you are really out of luck. Then I would ask why you would do such a thing knowing you were not... Read more »

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0 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Can I legally concealed carry a handgun in Texas without a license to carry? Is a safety course required?

Im 21, have no felonies or other restrictions that prevent me from owning a firearm.

0 Answers | Asked in Criminal Law for Texas on
Q: can the police keep my car and not give it back after i was taken to er and put on life support

i took a pain pill that was laced with efetanol and i died police came took me to ER i was put on life support for 3 days and when i got out the police still have my car noone will talk to me and no one has called me. this happend almost 2 months ago. What can i do to get my car back

0 Answers | Asked in Education Law, Criminal Law and Civil Rights for Texas on
Q: If my schools princeable give me a stay order what can I do to avoid the stay away

Me and her a in a relationship but the school what to put a stay away agreement

0 Answers | Asked in Criminal Law and Probate for Texas on
Q: I was wondering what HMRCS meant it's next to my name where they made an order to amend my deferred probation

I went to rehab but left early. My PO said he was not going to ask for motion to revoke

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: The information on my case is all based on what the officer said and a lot of it is a lie. This is not just, what can i

The information on my case is all based on what the officer said and has no interpretation of my account of the incident. There was dashcam video and audio, however the officer says it was 'lost and the prosecutor uses that against me in trial saying I want the jury to believe if it... Read more »

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