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Texas Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law, DUI / DWI and Employment Law for Texas on
Q: Legal implications of state trooper pointing a gun during traffic stop and subsequent charges.

I was stopped by a state trooper due to mechanical problems with my truck. As I tried to open the hood, the officer pointed a gun at me and accused me of having a firearm and being a felon without asking for my name. He later apologized when he realized there were no guns or crack pipes. However,... View More

James L. Arrasmith
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answered on Mar 24, 2025

The officer pointing a gun at you during a traffic stop can potentially be considered excessive force if they lacked reasonable suspicion that you posed an immediate threat. Officers must have objective justification for escalating to deadly force, and your attempt to open the hood doesn't... View More

1 Answer | Asked in Internet Law and Criminal Law for Texas on
Q: How can I remove a 20-year-old drug conviction from Google search without legal aid?

I have a drug conviction that is over 20 years old, and I've not been in any legal trouble since my release. However, information about this conviction still appears on Google search, and I am looking for ways to remove it without legal assistance, as I cannot afford it. How can I delete this... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2025

With or without legal assistance, you probably cannot remove it.

0 Answers | Asked in Criminal Law for Texas on
Q: Can my probation be revoked for relapsing?

I am on a 6-month misdemeanor probation for a Class C offense in Texas and previously had my term extended by 3 months due to incomplete community service hours. There were no specific terms regarding substance use. I admitted to my probation officer about a relapse, but there was no mention of... View More

0 Answers | Asked in Criminal Law for Texas on
Q: Will I be officially off probation on the set end date?

My probation period is set to end on March 20, 2025. I would like to know if this means I am officially off probation on that date, despite not having any confirmation from a probation officer or additional requirements left unfinished.

0 Answers | Asked in Criminal Law, Domestic Violence and Civil Litigation for Texas on
Q: Falsely reported boyfriend for domestic violence, he's innocent. How to drop charges?

I falsely reported my boyfriend for domestic violence, but he is innocent and has genuinely changed since his past incidents. He has been in jail due to these charges, and I've admitted to authorities that my report was false. I am supposed to be the victim, but I am not, and now I can't... View More

1 Answer | Asked in Criminal Law and Personal Injury for Texas on
Q: Friend stole my motorcycle, have video evidence, what to do?

A friend of mine, whom I trusted, stole my motorcycle while I was sleeping. I have video evidence of the incident. I have not yet reported it to the police. What steps should I take to recover my motorcycle and address this legally?

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

You need to notify law enforcement as soon as possible, give the investigating officers the videotape, and file a police report. It is likely your friend will claim to have had your permission to use your motorcycle. So be very clear and very consistent with police that you never gave your friend... View More

0 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Mistakenly reported a motorcycle theft case as civil; friend took bike, now missing.

I accidentally told a police officer it was a civil case when it's actually about my motorcycle being taken without my knowledge. While I was sleeping, my friend took my motorcycle, and now he doesn't know where it is. I have not yet reported it as stolen, but I have enough evidence to proceed.

1 Answer | Asked in Criminal Law for Texas on
Q: Can I resolve an out-of-state warrant from Texas?

I have a failure to appear warrant from New York related to an assault accusation, which arose from a self-defense situation. The warrant showed up during a background check. I am currently in Texas and have had no contact with any legal representation or officials in New York. Can I resolve this... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2025

You need to hire a criminal defense lawyer in New York in or near the county from where the warrant was issued. Depending upon the nature of the charges and the status of the warrant, you may or may not be able to handle the warrant from Texas. That lawyer will probably need to do a little... View More

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Charged with possession in Texas, how to address discovery issues with my lawyer?

I've been charged with possession of over 400 grams of drugs found in a truck that wasn't mine. The owner of the truck promised to take responsibility for the drugs, which belong to him, but he hasn't come forward, and now all three of us are charged. I've spent $10k on bond and... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2025

You should contact your lawyer's office to schedule a time to review the discovery and to discuss your case in greater depth with your lawyer. You should send your lawyer's office complete contact information for your witness including the witness's physical residence address, work... View More

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Internet Law for Texas on
Q: Can deleted WhatsApp messages be used in a weed-related investigation in Texas?

I sold weed to someone in front of my house. Afterward, this person was caught, and they showed the WhatsApp conversations that led to a raid on my house. However, no incriminating evidence was found, and no charges have been filed against me so far. I'm wondering if the deleted WhatsApp... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2025

Yes, “deleted” WhatsApp communications can be recovered and used as evidence in court proceedings.

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Is it my legal right to see my discovery before court?

Is it my legal right to go over my own discovery before court? I was charged with possession of over 400 grams, but I had no idea it was in my vehicle, and it definitely wasn't mine. I was indicted along with two other passengers. I've retained an attorney who has had the discovery... View More

John Michael Frick
John Michael Frick
answered on Mar 17, 2025

If your trial is in ten days, you should stress. Most competent and experienced attorneys will have thoroughly reviewed all evidence in your case and spoken with all willing witnesses weeks or months before your trial setting.

1 Answer | Asked in Criminal Law, Civil Litigation and Libel & Slander for Texas on
Q: Statute of limitations for false affidavit in Texas?

I am a party opponent to a person who submitted a false affidavit of innocence to the court, leading to the dismissal of felony charges against her. This individual has a criminal and abuse history. The affidavit was signed on March 8, 2023, and we want her prosecuted. We have affidavits from... View More

John Michael Frick
John Michael Frick
answered on Mar 17, 2025

A charge of aggravated perjury can be brought within 3 years from the date the affidavit was signed under the facts as stated. It will be up to law enforcement and the district attorney's office whether to pursue the charge.

1 Answer | Asked in Criminal Law for Texas on
Q: What charges for taking documents by force in Texas?

In Texas, what charges could a person face for using physical force to take someone's passport and educational documents without consent, given that there are property camera footage and voice recordings as evidence?

John Michael Frick
John Michael Frick
answered on Mar 17, 2025

Depending on facts not stated in the question, the person could face charges from simple misdemeanor theft all the way to aggravated robbery if the victim of the crime was over 65 or disabled.

0 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: How to get my partner out of jail after a false domestic violence report?

I made a false report regarding a fight involving my partner and a friend in July 2024, which resulted in my partner being charged with domestic violence. We were both arrested on February 14, 2025, but my charges were dismissed, while my partner remains in jail. I can't communicate with him... View More

0 Answers | Asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for Texas on
Q: Concerns about TSA clearance due to 1995 sexual assault conviction.

I am concerned about my TSA clearance, as I have a criminal conviction for sexual assault from 1995. Although I have not been officially denied clearance, I believe it is likely to happen due to my past conviction. What steps should I take in anticipation of an appeal, and how might my past... View More

1 Answer | Asked in Civil Litigation, Family Law, Criminal Law and Wrongful Death for Texas on
Q: What can I do about a wrongful arrest and my sister removing my name from our mother's home ownership in Texas?

I'm facing a complex legal issue where my mother left our home to me and my sister, but my sister removed my name from the ownership without my consent. I've filed an affidavit of heirs and a death affidavit through the court, with support from my other siblings. Recently, my sister... View More

Robert Ammons
Robert Ammons
answered on Mar 13, 2025

Your situation involves multiple serious legal issues, including wrongful arrest, property fraud, and a potential wrongful death claim, each requiring a strategic legal approach.

Regarding the property dispute, if your mother’s home was left to both you and your sister, she cannot legally...
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2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: Left country on probation for drug charges, can I return?

I was placed on a three-year probation in 2019 for intent to distribute and possession of marijuana. I left the country in May 2022 to get clean, while still on probation. I'm not aware of any legal proceedings or actions taken since I left. Can I return to the U.S.?

James T Chiles
James T Chiles pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2025

You likely have a motion to revoke pending and a warrant. Assuming this is Texas, if the State proceeds on the motion to revoke and the judge grants the motion, you will not be able to be extended, and the judge can only deny the State's motion or to sentence you to at least the minimum range... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Arrested for aggravated sexual assault based on unknown accusations, now in jail with high bond, no legal representation.

I was arrested for aggravated sexual assault based on accusations from someone unknown to me. I have had no previous interactions with law enforcement related to this crime. Currently, I am in county jail with a very high bond, and I have been told I can't get legal representation. What should... View More

Madalina  Garcia
Madalina Garcia
answered on Mar 12, 2025

You have a right to legal representation, though you may not qualify for a court-appointed attorney/public defender. In that case, you will need to hire a private criminal defense attorney. Obviously, a charge of aggravated sexual assault is extremely serious and carries the penalty of decades in... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Criminal Law for Texas on
Q: Roommates took my belongings as rent - is this legal in Texas?

I moved in with three friends as roommates, and we all contributed equally to the down payment and first month's rent. However, due to my record, they asked me not to be on the lease to avoid issues in obtaining the house. After four months, my roommates decided to change the rent due date and... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2025

No it is not legal and may constitute theft although I doubt police will be much help or that criminal charges will be filed.

You can probably sue your roommates for the fair market value of the items they took. If you did not ultimately pay your share of the rent owed on the date you...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Advice needed for retracting a false police report made after an argument, resulting in boyfriend's arrest due to warrant.

My friend made a false report to the police in July due to an argument with her boyfriend. They later arrested both of them in February at a motel—him for an existing warrant and her for harboring a fugitive. She regrets making the false report since he didn't commit the reported offense.... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

Your friend is in a legally complex situation that requires careful handling. Filing a false police report is a serious offense in most jurisdictions, and retracting it now involves potential legal risks, including possible charges for making the false report itself. The timing is also significant,... View More

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