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Texas Criminal Law Questions & Answers
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

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 really sorry to hear about your husband's situation. It sounds like a very stressful time for you and your family. Even though your husband has a court-appointed lawyer, you can still seek a second opinion from another attorney who has more experience in cases like his. It's... View More

1 Answer | Asked in Criminal Law for Texas on
Q: On what basis can an inmate object to a motion to withdraw from the attorney after an anders brief was file

The Anders Brief was filed on inmates appeal.

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

The inmate would need to object to the failure of the attorney to comply with Rule 38 of the Texas Rules of Appellate Procedure, if applicable, and the the failure of the attorney to comply with the requirements of Anders v. California, if applicable.

1 Answer | Asked in Criminal Law for Texas on
Q: Why was a person who was released from prison after serving 2 years, Denied parole. Arrested for robbery, remain free?

Texas

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

In most instances, a person accused of a crime is entitled to be released from jail pending trial upon posting reasonable bond and complying with the conditions of the bond. This right is guaranteed by the Texas Constitution.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I need to know if I can sue the Arlington TX PD for false arrest and falsely certifying compliance with an order of expu

In Dec of 2019 I was assaulted in my driveway by a felon. I displayed a firearm. Arlington PD sent the felon home and arrested me for disorderly conduct. Once in jail, the supervisors at PD decided to up the charges to felony Agg Assault with deadly weapon (I believe because since it occurred at my... View More

James L. Arrasmith
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answered on Jul 27, 2024

To address the Arlington PD's non-compliance with the court order, you can file a motion with the court to enforce the expungement order. This motion should request the court to compel the police department to remove your information from their records and websites. You may also consider... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Texas on
Q: Is this true if you are a 18 year old student the Texas education code 37.004 doesn't can't be used.

A 18 year old student receiving special education services removed/incarcerated

James L. Arrasmith
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answered on Jul 20, 2024

No, Texas Education Code 37.004 can still apply to an 18-year-old student receiving special education services. Even if you are 18, if you are still enrolled in school and receiving these services, the protections and procedures outlined in this code remain relevant.

If you are removed or...
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1 Answer | Asked in Civil Litigation, Consumer Law and Criminal Law for Texas on
Q: If We the People, Elected to place a governing body over us and together WE created LAW. Why are WE charged at all????

We the people are kept intimidated by the complexity of law and many innocent people are falsely accused and imprisoned. We only get one lifetime here on earth. Some innocent people had that beautiful and blessed experience, taken from them by the legal system. A system that ruins innocent lives as... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2024

People do not want to be taken advantage of by other people who provide substandard services (including legal services) that they are not qualified or able to deliver properly. So people have passed laws for certain services, including legal services but also including plumbing services, health... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Why are federal lawyers so expensive, no wonder so many are locked up Noone can afford to fight their case
James L. Arrasmith
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answered on Jul 21, 2024

Federal lawyers charge high fees due to the complexity and high stakes of federal cases. These cases often involve intricate laws and regulations, requiring extensive preparation and expertise. The high costs cover thorough research, preparation, and representation needed for a strong defense.... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Are there any federal lawyers that are under 10,000 dollars?? Or pro bono federal lawyers that aren't court appointed?
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Probably not. Federal court requires more paperwork and time than state court. $10,000 to plea a case in federal court is about right given the likely time and effort that will be required.

Because our Constitution guarantees the right to counsel to indigent defendants, pro bono legal...
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1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Family Law for Texas on
Q: In texas is it a crime to ask what a death certificate is worth to a non family member of my deceased parent?

A individual who was a companion of my father not married lived separately is his bank account beneficary due to questionable circumstances needs a certified death certificate to be able to take ownership of all his accounts. Can I imply that they may be obtained for a specific donation amount to... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Why imply? Why not just say: "I will be happy to get one for you if you will pay me $__ for my time and effort."

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: If i am disabled and mentally incompetent at time of conviction can Anything be done .

I was forced to sign up. Please bargain and charged, but i'm not guilty And I'm mentally disabled. My family and I told them that I needed special disability court, but they did not comply at all

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

You can timely appeal on the basis that your plea was not entered into knowingly and voluntarily. You will need to establish through expert medical testimony. Mentally incompetent means lacking the ability at the time of your plea, based on reasonable medical judgment, to understand and... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Q: Am I able to sue my c.l.husband, his dad, his friends for stealing , trashing and ruining my belongings while I was out

Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More

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

You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.

You don't mention exactly...
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1 Answer | Asked in Criminal Law for Texas on
Q: If my child was falsely accused of assault and there is video evidence to prove his innocence what do I have to do?

A female slapped my son and poured water on his head and slapped him so we pressed charges... she later went back and filed charges on my son and said he hit/slapped her . My son had pleaded not guilty so we will be going to court in a couple of weeks.

There is video footage from the... View More

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

Have your son's attorney subpoena the video footage for court.

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