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Texas Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: can i be charged with 3rd degree with only having 1 piece of evidence of me saying i threw out a cup of alcohol

i was pulled over for not making a complete stop at a stop sign and i told the officer that i tossed a cup of alcohol out of my window when i seen him turn on his lights. i was going down a underpass when i tossed it theres no dash cam footage or any other evidence that i did this except for me... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

Yes, a recorded confession can absolutely give the officer probable cause to justify an arrest. Ask your criminal defense attorney to watch the recording and give you an opinion on whether or not it is enough for the government to prove its case against you beyond a reasonable doubt.

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0 Answers | Asked in Consumer Law, Criminal Law, Health Care Law and Medical Malpractice for Texas on
Q: Can my Dr. Drug test me without my knowledge

I was told I needed blood work so I went the day before my Dr app. so the results would be back, when I got there they said there were no orders, instead I was told to give a urine sample I assumed it was because my glucose was a little high last time I was there, later I got a message that I had... Read more »

0 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Tried in adult court for a crime he was accused of when he was 15

Friend was accused of aggravated sex assault of his younger cousin. She accused him when she was 16 and said it happened when she was 3, he would have been 15. he was 28 at time of trial They never even tried to move it to Juvenile court

Lawyer had 4 weeks to prepare because the judge... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a cop search you on my property without anything no crime taking place because of a call saying I was arguing w/ gf

Cops were called by someone not in the home for domestic disturbance but me and my girlfriend were already over it's and the cops walked up into my yard and questioned us and their was no arguing or fighting they even questioned my niece n nephew and they said no they asked to search me I told... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 9, 2022

Hire the best local criminal defense attorney who will watch all four of the officer's BodyCam videos and determine if there is any good argument that can be made to challenge the legality of one or both of the searches.

2 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Can I re i initiate contact with my spouse after a magistrate emergency protection order expires or do we go to a hearin

was arrested an an emergency protection order was issued by the magistrate due to family violence. I was served and the order expires in a week. My partner does not wish to prosecute but I am complying with the order by staying away and not having any type of contact. Can we expect a hearing or do... Read more »

John Cucci Jr.
John Cucci Jr. answered on May 3, 2022

When the OP expires, it has no effect. However, before you make any contact, make sure there has not been an additional order signed or filed. Your best bet is to have your lawyer call the DA's office. If not, be sure to check the court/clerk's records to be sure there has not been an... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: My son was released from jail yesterday, after serving time for a possession charge of methamphetamine of less than 1 gr

While in jail he was weaned off the methamphetamine, evaluated by a doctor and put on psych medications for PTSD, schizophrenia, and high blood pressure. He found out today that a warrant for his arrest is out, for a bond forfeiture that happened because he missed payments. Can the bond be... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on May 3, 2022

Call a lawyer because something doesn't add up. It is not double jeopardy. If he was just released from jail maybe bonds company surrender the bond

1 Answer | Asked in Personal Injury and Criminal Law for Texas on
Q: I have been a victim of simple assault by an adult can I charge him with assaulting a minor? I turned 18 6 months ago.

I have an audio recording of the man putting his hands on me and pushing me. There is also multiple cameras on property that caught exactly what happened video and audio. I want to know if there is a way I can charge him with assaulting a minor concidering I turned 18 6 months ago.

Kiele Linroth Pace
Kiele Linroth Pace answered on May 3, 2022

Texas does have a crime called "Injury to a Child" but that only applies when the victim is 14 years old or younger. So it sounds like this would be a regular misdemeanor assault. However, if the person is a parent, step-parent, guardian, or otherwise had a responsibility for your... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How can an individual be charged with theft if said individual never left site of incident with anything he was accused

Possible theft charge in texas, accused by gameroom staff of taking money from machine, forced by staff to empty pockets and staff confiscated all money I had. Police called and placed me in cuffs and arrested me on site, but I never left the place with any money. Truck impounded and money in truck... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 3, 2022

They can do it because generations of voters have supported politicians who promise to be tough on crime. That's how. They could have arrested you, taken you to jail, and impounded your truck for the "crime" of Theft from the Tooth Fairy. No such thing as the Tooth Fairy you say?... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Why would they wait to file charges and why were they waiting for felony disposition? How do I find reason for no bill?

Arrested 10/22/21 for POSS CS PG 1/1-B <1G and POSS DANGEROUS DRUG. The felony was filed 10/25/21 and then no billed on and disposed of on 03/22/22. The misdemeanor was filed 12/02/21

Kiele Linroth Pace
Kiele Linroth Pace answered on May 3, 2022

Grand Jury deliberations are secret so the best way to find out exactly what happened is to ask one of the attorneys involved. If that's not an option then you could go to the clerk's office and examine both files because they may contain some paperwork that explains what happened. It... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Served 1 yr in prison while on felprobation in another county & was never bench warranted or contacted in past 2 yrs why

Want to know why I was released from prison without settling the probation violation for the other county. I was there for 1 year. Its been a year since. Nobody has contacted me or my family members. And when I was locked up my attorney said there wasn't showing any warrants or anything from... Read more »

John Cucci Jr.
John Cucci Jr. answered on May 1, 2022

I can not tell you why the government did not do their job. If you are now facing the probation violation charges and Petition now, there may be a good defense to the Petition to revoke you. I would need more information to give you the exact way to defend the Probation Violation. The best I can... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: I have a felony posses charge and they filed it under the wrong middle name. What can I do because it's not my name.

The middle name isn't my name but all the stuff being sent has the wrong middle name even the indictment.

Penny Wymyczak-White
Penny Wymyczak-White answered on May 1, 2022

The ADA can correct your name.

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2 Answers | Asked in Criminal Law for Texas on
Q: I have a felony posses charge and they filed it under the wrong middle name. What can I do because it's not my name.

The middle name isn't my name but all the stuff being sent has the wrong middle name even the indictment.

John Cucci Jr.
John Cucci Jr. answered on May 1, 2022

Unfortunately, Texas criminal laws give the District Attorneys a lot of room for error on dates, names, times, locations and other details that should be definitive in an Indictment. If you were to make a motion to dismiss the indictment, if you won the motion, the DA would then simply change the... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: How long will my boyfriend serve on his 2 year tdcj sentence his conviction is aggravated assault before parole
Grant St Julian III
Grant St Julian III answered on Apr 27, 2022

No one in this forum can answer your question with any specificity, but you can go to the TDCJ website and the date your boyfriend is first eligible for parole will be listed. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: I am inquiring as to the legality of search warrants and the extent of them.

The police obtaied a search warrant for my house for counterfeit money and in the process they found drugs.i had nothing to do with any of it but I was charged for the drugs and roommates with conuterfeit.and advice??

John Cucci Jr.
John Cucci Jr. answered on Apr 27, 2022

Unfortunately, if the search warrant is valid and based on probable cause, the police may search the place specifically named in the warrant. If the police discover criminal or illegal items like drugs or other contraband, that evidence may be used against you if it is your house or place named.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How much time will my boyfriend have to serve on his 2 year sentence in tdcj he has a 2g defense case
John Cucci Jr.
John Cucci Jr. answered on Apr 26, 2022

It's hard to understand exactly what you are asking. If he has been convicted of felony simple drug possession, he may be eligible for probation. If not, most drug possession cases are not aggravated or considered violent. Thus, he could get parole after 12-15% of his time is served. There are... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What is probability of receiving probation for burglary with intent charge ?

being charged with Burglary of a Habitation with Intent (First degree felony) & Assault of a pregnant person (third degree felony) will receive probation instead of prison.

• this is their first time ever being in legal trouble

• victim recanted their original statement in... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 26, 2022

You are eligible for probation. Retain a lawyer and they may be able to negotiate at plea that you are happy with

1 Answer | Asked in Criminal Law for Texas on
Q: Is it property theft if an ex refuses to let you pick up your belongings after a break up and asks for money?

When I broke up with my ex I moved out of her house with the understanding that I would be back at a later date to pick up my belongings (furniture, tv, etc.) all of which I owned previous to our relationship. However before I could do so she refused to let me get my things and blocked my number.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 25, 2022

It's not technically Theft if she formed the intent to deprive you of the property after you entered the agreement and the property was already in her possession. The existence of the agreement actually shows her intent changed at some point after the fact... So if it is not theft,... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Evidence collected and destroyed in Texas, can anyone be held accountable?

Someone arrested and plead guilty under duress. They found out years later evidence was collected from scene of crime, but never tested. Nine years after the crime, defendant learned of said evidence and requested testing. They learned at this time the evidence was destroyed, so all writs were... Read more »

John Cucci Jr.
John Cucci Jr. answered on Apr 24, 2022

Your questions are complicated. The reason is over the years, the liability and duties of the police, District Attorneys, Courts, and court clerks have all changed in many ways.

The dates of the arrest and seizure are important. That would determine which laws were relevant in your matters....
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