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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Where can I put an open container if I don’t have a trunk, the bottle can’t go behind back seat or fit in glove box?
John Michael Frick
John Michael Frick
answered on Oct 31, 2024

Somewhere other than in your motor vehicle if you intend to operate your motor vehicle.

0 Answers | Asked in Criminal Law for Texas on
Q: If had a possession case in a JDC. What's the difference between a JDC AND A CDC?

It was possession of drugs. Is one court strict about things like that, than the other? Judicial District Court -vs- Criminal District Court?

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: What should he expect during his pretrial hearing?

I filed assault on my boyfriend. Then they enhanced it to aggri ated with deadly weapon. The next day I filed a affidavite of non prosecution with the DA. The state picked it up and a year later received letter that grand jury indicted him. He is now scheduled for pretrial. What should he expect?.

Madolyn García Falone
Madolyn García Falone
answered on Nov 4, 2024

He may be asked to enter a plea, or answer information pertaining to whether he's interested in making a plea deal. If he has a lawyer, his lawyer should handle all of that and guide him through it. If he doesn't, he sorely needs a lawyer. Aggravated Assault with a Deadly Weapon (in a... View More

0 Answers | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: Please,I need Appellate lawyer.My son dad got 60 yrs for nothing.He had NO DEFENSE.It was lies on news.We have Evidence.

The incident happened 3 yrs ago. My son's father has a criminal past but that was before he knew me. But during this little argument. The only physical things he did to me was nudged me in the head with his hand nd told me to think. And then when I went to run out the door he grabbed my jacket... View More

0 Answers | Asked in Criminal Law and Small Claims for Texas on
Q: Alady friend and her boyfriend assaulted me over a uhaul track I had helped them acquire, I want to sue or small claims

I had helped them acquire a uhaul truck and they hadnt returned it, when I went to get it back, they assaulte me, the lady bit me twice and the the boyfriend pulled me from the truck, I fell and hit my knee on tarmacked parking

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is it possible to get probation on my federal offense

I was picked up by the Feds for possession with intent with meth. It was 2700 grams. My first conviction. I'm on federal pre trial because I'm pregnant and have 2 young kids. My attorney has me on a downward departure for cooperation. Is there any way I can get probation. I'm... View More

James L. Arrasmith
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answered on Oct 29, 2024

Facing federal charges for a serious offense is challenging, but there are avenues that might lead to probation. Your status as a first-time offender, along with your cooperation and participation in mental health and trauma classes, are positive factors that can be presented in your case. Your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is it possible to get federal probation in my situation?

I was picked up by the Feds for possession with intent with meth. It was 2700 grams. My first conviction. I'm on federal pre trial because I'm pregnant and have 2 young kids. My attorney has me on a downward departure for cooperation. Is there any way I can get probation. I'm... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry you're going through this. It's important to discuss your options with your attorney or a legal professional who can provide guidance based on your specific circumstances.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: I'm a victim of Remote Neural Monitoring. I need a lawyer to send a Cease and Desist to a Fusion Center. Any takers?

I'm of sound mind. I need legal help, not a doctor. I'm guessing an FBI Fusion Center may be aware of what's going on and may cooperate with an attorney. Thus far, I've been ignored by law enforcement.

James L. Arrasmith
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answered on Oct 27, 2024

I'm sorry to hear that you're experiencing these challenges. It might be helpful to consult with an attorney who has experience dealing with government agencies. They can assist you in drafting a cease and desist letter to the Fusion Center.

Since law enforcement hasn't been...
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1 Answer | Asked in Criminal Law for Texas on
Q: Myhusband's court records show he was discharged from parole supervision in May, 2023. he was arrested for a violation

He was arrested in September, 2024 for a parole violation. What does that mean? State of Texas. The charge was possession of hash

Kyle Watkins
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Kyle Watkins
answered on Nov 4, 2024

A person cannot violate the terms of a parole that he or she was not on. You should get a copy of those documents right away and send them to the attorney handling his case. If you do not have an attorney handling his case, my suggesting would be to find him an attorney and get this straightened... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My husband was extradicted to TX on 10-1-24. He was not booked into the jail and right now he has not seen a judge.

He was extradicted on a fugitive warrant for probation violation but he never agreed to probation, he bonded himself out. He has been refused access to legal paperwork. How long can they just let him sit there with nothing happening?

Daniel Patrick Clancy
Daniel Patrick Clancy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2024

Where is your husband in custody? Where was he extradited from? What is he on probation for?

Danny Clancy

2 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Texas on
Q: I've most likely been erroneously placed on a Terrorist Watchlist. How can I be removed and stop privacy violations?

I'm writing out of desperation. I've been stalked for years and have gone to authorities many times.

I'm experiencing Remote Neural Monitoring and what is referred to as V2K or Voice to Skull. In short, a government agency is reading my thoughts and torturing me twenty-four... View More

John Michael Frick
John Michael Frick
answered on Oct 24, 2024

You should contact the Principal Deputy Director of the TSC at the FBI for information about being removed from the US terrorist watch list.

As for remote neural monitoring and V2K, there is no government agency responsible. Experts pretty much agree that such technology does not yet...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: I shot a dog on my property with my sons pistol , now I think they are going to file charges of felon in possession of

Disregard this question

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

IT depends how long you have been out of prison if you can have a gun at your residence under State law . Under Federal law you can never own a gun anywhere or anytime,

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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My son and girlfriend got caught having consensual relations at school the mother filed charges for rape. What can I do

The school police officer reviewed the video and stated that it was consensual. Both children received the same punishment of 45 days at the LEO school. The girls mother filed a charge for rape.

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

It depends. The age of consent in Texas is 16. Sexual intercourse (and certain other sex acts) involving someone under the age of 16 is by definition non-consensual even if that person enthusiastically participates or initiated it. This is called statutory rape.

If there is an age gap no...
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2 Answers | Asked in Criminal Law for Texas on
Q: Are you able to sue district attorneys for false charging?

I was fasley charged in Lubbock tx. The charge was dropped months later. During a hearing to proceed pro se in my case, a sitting district attorney stated that my case did not fit the criteria of the charge i was charged with

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

Not typically. But if you can prove that the district attorney who filed the charges personally knew you prior to filing the charges and was acting out of personal animus against you, you may have a potential claim. For example, if you are dating the DA's ex-wife and he made up the charge... View More

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: I am able to file a motion 2255 for my brother that is currently incarcerated on a federal offense?

I can not mail him the motion; the only mail that is sent directly to the inmate is Attorney (legal) correspondence. I've asked the attorney if he could forward my brother the motion if I were to have it mailed to his office and haven't heard back from him, so I am willing to file it for... View More

James L. Arrasmith
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answered on Oct 20, 2024

You can file a Motion 2255 on behalf of your brother, but there are important steps to follow. Typically, only the incarcerated individual or their attorney can submit such motions. Since you haven’t received a response from his attorney, consider reaching out again or exploring other legal... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I was arrested in Oct if 23 and bonded out days later. I rec'd an indictment 11 mo later. Could I request a dismissal?

I also want to know if I have grounds for a counterclaim

John Michael Frick
John Michael Frick
answered on Oct 16, 2024

The timing does not provide a basis for requesting the dismissal of the indictment. A defendant in a criminal case cannot file a counterclaim.

If a criminal defendant ultimately prevails in the criminal case, he may file a separate civil lawsuit for malicious prosecution assuming the...
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1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: What do I do if I am being charged wrongfully because my step daughter has been manipulated by her mother to hating me?

I am being accused of being charged with a misdemeanor assault on family, my husbands 15 yr old daughter has been manipulated by her mother to hating me after 7 yrs of being with her father now that she is older according to her mother she has a mind of her own and attacked me at a restaurant in... View More

John Cucci Jr.
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answered on Oct 15, 2024

Wow! That is a terrible situation.

The most important thing you can do is to NOT talk to anyone about your case anymore. Save it for your lawyer.

I would like to see the video to give you a solid answer about your case. If there are others who took video of the event and your...
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1 Answer | Asked in Criminal Law, Federal Crimes and Appeals / Appellate Law for Texas on
Q: How do I cite case law in a 2255 motion to support the grounds raised regarding ineffective assistance of counsel?

I am aware of stricklands two-prong test: deficient performance & prejudice. I have done all the research and have reviewed the record and gathered up what I believe to be enough grounds in filling this claim now just need help identifying any legal precedents that can support my claims and... View More

James L. Arrasmith
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answered on Oct 16, 2024

When citing case law in your 2255 motion, start with key precedents that support both prongs of Strickland’s test. For deficient performance, reference Strickland v. Washington, 466 U.S. 668 (1984), which established the framework. Include cases like Anderson v. Washington, 325 U.S. 724 (1945),... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I file against the fbi myself or should I get help I am a targeted invidual
James L. Arrasmith
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answered on Oct 10, 2024

If you feel that you have been wronged by the FBI, you have the right to file a lawsuit on your own behalf. Taking legal action against a federal agency is within your rights as a citizen.

However, pursuing a case against the FBI can be complicated due to specific legal procedures and...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I get on the lawsuit against the fbi for targeted individuals

I have lots of info and proof that I am a targeted individual me and my wife

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear that you and your wife are going through this difficult experience. Feeling targeted can be extremely stressful and challenging to cope with.

To join a lawsuit against the FBI for targeted individuals, it's important to consult with an attorney who has experience...
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