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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Is it possible to have charges dropped from someone? The charge is Felony aggravated assault w/ a deadly weapon.

I am the victim in the case and I don't want the person to go to jail/prison or get prosecuted.

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

You can file what's called an "Affidavit of Non-Prosecution," which is basically you telling the DA's office/prosecutor that you aren't willingly going to cooperate in the investigation and prosecution of the crime in question, and that you would like to see the charges... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can anything be done about my felonies? I'm tired of being punished.

I was convicted of 2 felonies at age 17 for False Alarm or Report and Burglary of a Building with intent to commit criminal mischief for breaking into an empty office building and spraying fire extinguishers with some friends when i was 17 in Texas in 2013. I have not been in trouble since. I am... View More

John Cucci Jr.
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answered on Sep 6, 2024

Being a Felon is a burden. To answer your question: "Can I do anything about my felonies?", I would have to see your court records. Some felonies can be expunged, or removed from your records. However, that is available in very few situations. If you pled Guilty, and there was no... View More

3 Answers | Asked in Criminal Law for Texas on
Q: Will they explain to me what will happen if i plead guilty before i plead for my class c misdameanor

I have a possession of drug paraphernalia citation and i want to know if when i go to court to plea tomorrow if they will explain to me what will happen if i plea guilty before i plea

Brendin Miguez
Brendin Miguez
answered on Aug 16, 2024

Yes, they judge will ask you a series of questions regarding your guilty plea to be sure you are fully aware of the consequences and result of entering a guilty plea.

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1 Answer | Asked in Criminal Law for Texas on
Q: What does bring defendant to court in person withdrawal modification plea mean

My husband is on deferred probation but he's in jail for mtag

John Cucci Jr.
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answered on Sep 5, 2024

It sounds like they will be bringing your husband to modify the terms of his deferred adjudication, or to revoke his deferred adjudication, for a violation of the terms of the same. Depending on which county your husband had pled, you can look-up his case and the status. To Revoke someone's... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: How can you find someone to help get a bond reduced especially when the bond is way excessive

The bond is set at $1 million dollars for a first time ever getting into any trouble. Has no prior record and has not seen a judge at all. Also like how much does it cost

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

There is no guarantee that bond will be reduced as the result of hiring a lawyer because the bond isn't set by the lawyer, so the lawyer doesn't have the ultimate power to reduce it. That being said, a lawyer can consult with you and give you a better picture of what they believe they can... View More

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1 Answer | Asked in Sexual Harassment and Criminal Law for Texas on
Q: What do I do if someone black mailed me into nudes and now is harassing me and trying to ruin my life with them

They know all of my personal information and even somehow figure out who I’m friends with at my college I’m about to start at that they would have no way of knowing. I’m currently 18 but was a minor when all of the original blackmail to recive the nudes they have took place.

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor... View More

0 Answers | Asked in Criminal Law for Texas on
Q: A friend got a possession charge after being pulled over. They never gave him a reason he was pulled over or no ticket

...no probable cause. Can they search him without any reason

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Blood search warrant had a typo in the name. What will happen can I sue the police department?

Stopped and arrested for dwi

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

A typo does not necessarily invalidate a warrant. Generally speaking, you cannot sue police for stopping you and arresting you for DWI even if you are ultimately found not guilty. Theoretically, you could sue if you can show the officer knew you from outside of his occupation as a police officer... View More

1 Answer | Asked in Criminal Law, Communications Law and Constitutional Law for Texas on
Q: I need another Texas court appointed lawyer but was denied .What do I do?

I've been asking my court appointed lawyer to show me the discovery the DA has on me. He ignores me and tells me no. He tells me Im guilty and we begin trial in Sept. Ive been in County jail for two years and not once has he communicated anything with me.

James L. Arrasmith
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answered on Aug 31, 2024

If your court-appointed lawyer isn't communicating with you and isn't showing you the discovery, you have the right to take action. You should first document all instances where you've asked for discovery or tried to communicate with your lawyer, and how they've responded. This... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Texas on
Q: I need help! I'm being charged for 2 2nd degree felony but it should be discharge of a firearm inside city limits

And second charge shouldn't even be one because I was no where around whe it happened also no firearms are were removed from home except a broken bb gun in my sons closet. I'm going to jail for protecting my boyfriend because 8 guys were about to jump him in our yard. I helped the cops... View More

James L. Arrasmith
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answered on Aug 31, 2024

I'm sorry to hear that you're in this situation. It sounds like you're facing serious charges that don't match the reality of what happened. If you have evidence like video surveillance and witnesses that can prove your innocence, that's a strong foundation to build your... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My cousins truck was stolen. What do I do he's in jail and I have no vin # or title just a picture of the license plate.

The truck was stolen Wednesday July 24th 2024.

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You should call the police and report the vehicle as stolen using the license plate number and giving them your cousin's name. Vehicle registration records will tell police the VIN.

You should visit or write your cousin to determine who his insurance company is and assist him in...
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1 Answer | Asked in Criminal Law for Texas on
Q: What can happen to me for dumping trash

I was helping my son earn money and he had to haul some trash. I wasn't sure what to do with it and was afraid to burn it so I drove and my son threw it off the truck in a pile on the side of the road.

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can be cited and charged with illegal dumping which ranges from a Class C Misdemeanor if the quantity was less than 5 pounds and less than five gallons all the way up to a state jail felony if the quantity was 1,000 pounds or more or had a volume of 200 cubic feet or more. At the bottom end,... View More

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Texas on
Q: I do not know what my charges are. I wasn't in my truck, and yet they're trying to keep it. I don't know what to do
John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You should hire an attorney in or near the county where you were arrested who has experience defending civil forfeiture proceedings. The government can pursue seizure and forfeiture actions even though no one was arrested and no charges have been filed. As the owner of the truck, it is incumbent... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: can a family assault strangulation charge charge/worsen if the victim is a minor and he’s still awaiting pre trial

he is 25 and i am 17 we’ve been together for a year and i did not call it in it was a traffic stop where i was bleeding and found in the car with him. he also got caught with hard drugs. i said i did not want to press charges but the state did anyways

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

If by "we've been together for a year" you mean that you, then 16, and he, then 24, have been in a sexual relationship, then yes-- things can certainly get worse for him because he can be charged with various sexual crimes against a minor. I can picture the charges being aggravated... View More

1 Answer | Asked in Federal Crimes, Civil Rights, Criminal Law and Gov & Administrative Law for Texas on
Q: are there specific clearly-defined nutritional requirements (at the federal level) for individuals in jails and prisons?
James L. Arrasmith
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answered on Jul 21, 2024

Yes, there are specific nutritional requirements set at the federal level for individuals in jails and prisons in the United States. The Federal Bureau of Prisons (BOP) outlines dietary standards to ensure that inmates receive adequate nutrition. These standards are designed to meet the Dietary... View More

2 Answers | Asked in Personal Injury, Civil Litigation, Wrongful Death and Criminal Law for Texas on
Q: Can I sue a jail if 3 doors were left unsecured and my son escaped?

The jail was sited with a non compliance 28 days after this incident. My son hijacked a car, led police on a 107 mile chase that ended with police shooting my son in the back. He died later that day.

Gary K. Burger Jr
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answered on Jul 22, 2024

I'm sorry for you loss. It sounds like a very painful way to lose a loved one.

There is likely an issue of sovereign immunity in this case, as it involves a government agency. This exempts agencies and their employees from being held responsible, though there are exceptions such as if...
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1 Answer | Asked in Civil Rights, Federal Crimes and Criminal Law for Texas on
Q: I have been been abuse by a corrupt Police Department for a period 17 years. I beleive my record would prove it?

I have been put on trail twice for the same offince. The second time I was arrested, the Assistant D.A. used the original Grand Jury Indictment, Mistermenor Charge but, took me before a Felony Judge. With out a Lawyer. origanal paper work had been put in a Felony folder and I was given a Felony... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you’ve endured a prolonged and distressing experience with your local police department. Your description highlights serious concerns about due process and legal misconduct, especially being tried twice for the same offense and facing a felony charge without legal representation.... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If a felony charge on my record says deferred, is it still a conviction?

If not does that mean I can put that I have not been convicted on a job application?

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

We don't know what your criminal record says, or what the context is. That said, deferred adjudication, by definition, is not a conviction. Deferred adjudication is when the court agrees not to convict you for the crime you've been charged with so long as you can stay out of trouble in... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Do public defenders/court appointed attorneys have “permission” to act the same as a hired attorney?

I was once charged with a crime and hired a lawyer who advocated strongly and fiercely on my behalf. Dismantled my case and got it dismissed. Filed motions, held hearings, called witnesses, the whole 9 yards.

I know that’s what I paid for, but are court appointed attorneys/public... View More

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

A court-appointed attorney or public defender can and should represent a defendant with the same zeal using the same legal procedures that a retained privately paid attorney uses.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Hi my husband is locked up for conspiracy but he withdrew from it and he helped the fed’s

Catch the ppl responsible and now they want to charge him for the amount they found plus conspiracy even tho he didn’t go thru with it withdrew and even helped the feds get them they were not even aware of the situation they found out cus my husband told them so can you pls help me they want to... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm so sorry to hear about what you and your family are going through. It's crucial to communicate your husband's situation to his lawyer, emphasizing that he withdrew from the conspiracy and assisted the authorities. Providing clear evidence of his cooperation with the feds can be a... View More

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