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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: So the judge can set the amount of bail to what he wants. Is There's no legal limit??

Is there not a certain amount

John Michael Frick
John Michael Frick
answered on Nov 20, 2024

The amount of bail must be reasonably and proportionate to the severity of the crime. A defendant can file a motion to reduce the amount of bail. A judge's decision on the amount of bail can be appealed using an abuse of discretion standard.

1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Texas on
Q: Can I call the cops on someone for throwing my things away from their house without letting me know? Is it theft?

My uncle had a room in his house that I was going to move into, but after I got my belongings in there he changed his mind but let me keep my things there for safe keeping and free storage. They moved to San Antonio and didn't tell me they discarded my things until after the fact.

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

There are not enough facts to answer your question. It would be important to know whether there was any written agreement between you and your uncle. It would be important to know how long your things were at your uncle's house. It would be important to know how often you went to your... View More

2 Answers | Asked in Criminal Law and Identity Theft for Texas on
Q: is the police department trying to pull a fast one on me?

kinda a long story but the gist of it is i have an exgirlfriend that stole my credit card info and used it 4 months after we broke up for over $2,000 with 70+ transactions over the course of a single month.

the detective is telling me that because i gave her my card to get food at one point... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

It is not legal, but police may not make an arrest or submit criminal charges to the district attorney for prosecution. They most likely will consider it a civil matter.

You can timely challenge any charges she makes with your credit card company as fraudulent use of your credit card. You...
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0 Answers | Asked in Criminal Law for Texas on
Q: Years ago I committed loan fraud. I took online classes when I dropped out of school. I lived in Va. What's the penalty

It was an open secret. Everyone knew. I was stalked for years. Everyone broke into my house. I was poisoned harass. I stayed home for fifteen years. What is the typical penalty?

1 Answer | Asked in Civil Rights and Criminal Law for Texas on
Q: I am looking for a criminal lawyer who would be available for a short consult on a possible civil rights violation in tx

Police profiling and wrongfully detained. Prosecutor brought up the existence of juvenile records (which are sealed) to further incriminate

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

You don't need a criminal defense attorney unless you're facing criminal charges (or may be soon.) If you're looking to sue regarding a possible civil rights violation, you'd want to look for a civil rights attorney or a personal injury attorney, more generally.

1 Answer | Asked in Family Law and Criminal Law for Texas on
Q: If abuse causing bodily harm of family members charges are dropped will the accompanying protective order be erased

his wife made the accusation. Now he wants to file for divorce but he doesn’t want to do it with anything on his record

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

A protective order is a civil order, not a criminal one, and it isn't impacted by the underlying criminal charges being dropped. A protective order can be filed without any criminal charges being filed, or in conjunction, but they are completely separate. Both the husband and wife should... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If charges of abuse are dropped will a protective order go away?

Now he wants to file for divorce but doesn’t want any thing on his record as he wants to be able to get partial custody of his children.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

It depends on what type of protective order that was issued, If it was a 61 day protective order it will expire. If you went to civil court and was granted a protective order it will not go away,

1 Answer | Asked in Criminal Law for Texas on
Q: Loaned gun refuses return

I loaned a ex's adult son a firearm for hunting. We are no longer together. He refuses to return the firearm or even talk about it. His mother refuses to ask him about it. I would like to press criminal theft charges on him and her as a accomplice. What steps do I take to file criminal charges.

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

Write a letter to the son specifically stating that you previously loaned him your [make model, caliber, and serial number] rifle; it was not a gift but a temporary loan for the purpose of hunting; now you want it back; and if he fails to return it by [date] or give you an explanation of what... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Pro se, representing myself needing motion to dismiss criminal case due to statute of limitations running out in 2023

Need template or word document. I cant find one anywhere.

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

A motion to dismiss cannot be filed by a criminal defendant, or criminal defense attorney, in Texas. Only a prosecutor can file a motion to dismiss.

You will have to file a pretrial writ of habeas corpus. You will need to show that the statute of limitations expired before you were...
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0 Answers | Asked in Criminal Law for Texas on
Q: Can a lost prevention manager beat you up if accused of theft and hand cuff u while waiting for the police was not fight

Even after the last prevention manager our team there were two of them had me in handcuffs he still tried to bend my hand backwards went to the hospital after police custody or during police custody and had a sprained shoulder and I'm a big strong girl I'm 5'10 wait 240 but I did not... View More

2 Answers | Asked in Criminal Law for Texas on
Q: I received victim impact request from DA from a fight I had with my husband. Now he wants me to call DA?

I don’t feel like I am a victim I started the fight and ended up taking a shot at him b4 he left after hearing that our boss was on way and had called the cops. The paperwork the DA office mailed me said I had to take a free class if I wanted opportunity to not have my husband charged. So I... View More

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

You shouldn't feel pressured to call the DA, and you don't have the ultimate power to drop the charges anyway-- the DA does, and there's no guarantee that they will. It may be helpful to take the free class they're offering, but fundamentally it's your choice whether you... View More

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0 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can I get restitution immediately due from a civil matter from a false police report on a felony conviction for possessi

POS less of a gram controlled substance pain medical documents prove fractures and suffering from physical abuse at the scene that was overlooked guy wasn't penalized n no matter for his crimes

1 Answer | Asked in Criminal Law for Texas on
Q: For Texas criminal defense. The clock starts from arrest. The state has 180 days to indict correct? Yes they can refile.

Yes they can refile the charges within the SOL, but they cannot proceed if the 180 days has been exceeded correct? Especially if it has been over 365 days.

Kyle Watkins
PREMIUM
Kyle Watkins
answered on Nov 4, 2024

No. From the date of arrest the State has 90 days to indict, and if the State fails to indict within 90 days the defendant, if in jail, is entitled to a bond he or she can make. ie: $10. If the State fails to indict the case within 180 days and the defendant has been in jail that entire time,... View More

0 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Domestic Violence for Texas on
Q: Type of lawyer needed if my ex husband along with some neighbors are harassing me, I feel unsafe inmy own house

My neighbor tried to break into my garage, and my husband is monitoring me. The neighbor threatened me, and when I called the cops, a female constable arrived. My neighbor told her that he did not threaten me, that he only told me to go inside my house and pray, and that I was mentally ill—a... View More

0 Answers | Asked in Criminal Law for Texas on
Q: 2021 a man was charged with murder of my dad he was cleared on murder but sentenced to 30 yrs for bribery yesterday

in 2021 this man was showed by neighbors video pulling to my parents second drive getting a gas can out of the backseat of the car. What are the hours of the morning going around their second home and then you see the roof of my parents home in flames. You didn’t see him actually sitting in the... View More

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