Lawyers, Answer Questions  & Get Points Log In
Texas Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights, Elder Law and Federal Crimes for Texas on
Q: “During the glory days of radio, it was illegal to mimic the voice of the US president.”

“During the glory days of radio, it was illegal to mimic the voice of the US president.” Was there actually a law prohibiting that? Or was just a White House policy and not a legal issue.

Was it law or policy?

John Cucci Jr.
John Cucci Jr.
answered on Jun 26, 2022

What you are referring to is the Policy of the Government. The 1st Amendment gives you the right to mimic anyone!

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Sister call cop said I hit her im at corner store can cops come in and detain me

And when arrived cop sees no visible markings never question my mom and detaining me never told me why what happened or anything just walked up behind me told me stand up turn around put your hands behind your back inside the store

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

The short answer is YES. I would not say that unless it were true. If the cop ID ed you, and there was an allegation by your sister, the cop had a job to do to at least talk to you. Detaining you was lawful for a very short period of time to inquire. The worst part is you do not know exactly what... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: while under indictment for burglary the DA filed a bill of information on the same crime and took me to trial.

the district attorney filed the "bill of information" and made a plea negotiation. he made it look like he was giving me a break by letting me plead guilty for 20 years. twenty years was the maximum I could've gotten if I went to trial on the pending indictment.

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

While it may seem strange, sometimes the DA will switch from the Indictment charge to a new charge on an Information. That is usually because the Judge could not legally give you the plea you wanted ( a good one I guess ), as part of the Indictment for a technical reason. So, the DA dropped the... Read more »

3 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Hello I filed a false report on someone and they had charges pressed. I recently was charged with filing a false report

I was just wanting to know what could be the outcome of both situations. Since I was recently charged with filing a false report does that mean the charges against the other person will be dismissed?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

The prosecutor is not REQUIRED to drop the charges against the other person but it would be foolish not to drop them unless your retraction did not cover all of the criminal behavior alleged against the other person. For example, if your retraction statement said "he threatened to chop me up... Read more »

View More Answers

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can police take my dog from his lead while looking for someone with an arrest warrant who use to live there?

I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

They took your dog and left or they simply moved your dog to a different location? To be honest, if they claimed to be afraid of the dog then they could probably get away with shooting your dog dead.

1 Answer | Asked in Criminal Law for Texas on
Q: Does getting a subpoena mean you will definitely have to testify?

My husband was told he was going to receive a subpoena to witness in an up coming trial. They also told him they might not use him at all. I thought subpoenas had to have dates and times, etc. declaring when someone will have to testify. Please help me understand.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

A regular subpoena is a court order to appear and be prepared to give honest testimony. A subpoena duces tecum is a court order to provide evidence (typically documents) and it may specify a deadline that is before whatever trial or court setting where the evidence might be used to give the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: In Palo Pinto, Texas, they posted my bond at $750,000.00 in error which horrified my people for a week. Is that legal?

Yes, it was a typo but it took almost 2 weeks of being posted for the public eyes. Everyone I know suddenly did NOT want to know me and ridiculed me because it made me appear to have done something unthinkable. It should have been $75,000.00. My reputation is destroyed even still today.

John Cucci Jr.
John Cucci Jr.
answered on Jun 21, 2022

While publishing the wrong amount of your bond is not "illegal" it is terrible. Not much you can do now that they have corrected it. What is your charge?

The best way to fix your reputation is to beat your charges.

Good luck!

1 Answer | Asked in Criminal Law for Texas on
Q: In Texas, can the d.a. File a motion to proceed with an adjudication of guilt prior to actually being booked into jail?

This motion contains some false information and makes me appear to look a lot worse than it truly is.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

Yes, in fact both the Motion to Proceed with Adjudication and the capias warrant MUST be filed before the end of the community supervision period.

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: What can I do about a bad lawyer?

I have had an assigned lawyer for 11 months. During that time she has been extremely uncommunicative, not answering any requests for info about my defense. Not confirming that she receives my calls or emails. She has not done anything in my defense to prepare for trial. Last week, prior to a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

It sounds like you have already taken the proper steps by documenting your communications and approaching the judge. Many court-appointed lawyers are overworked and underpaid. Client communications are time-consuming and are not always helpful to the attorney's preparation of a defense.... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Can a police officer break into my hotel room over theft of a car misdemeanor call. I'm in texas,

The police got called for burglary vehicle I was in my room with the door closed and the latch latched I was in there by myself cops came I didn't answer the door they never seen me in the room of course they knew I was there but never see me and eventually broke down the door found illicit... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 27, 2022

Unfortunately there are not enough facts to answer your question. Yes, the police may not "break down a door over a misdemeanor," legally. They can, however, break down the door in other circumstances: felony warrants, pursuing a fleeing felon, and (in some cases) to prevent the imminent... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: What does it mean when you will not be having trail
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 19, 2022

Most criminal law cases are resolved without a trial. Sometimes the charges are dismissed by the prosecution and sometimes there is a settlement agreement between the prosecution and defense. A case may also be dismissed by a judge over the prosecution's objection, but that only happens in... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: My husband was on pretrial for over a year was supposed to have trail but now it's saying that there will be no trail.
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 19, 2022

You did it no mask a question. The case must of been dismissed or he is took a plea

2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Federal Crimes for Texas on
Q: I just found the court case number that awarded me $5.5 million from the ins. Co that my lawyer said did not exist I

Yes I want to recover this money, I need representation. It will have to be on contingency but if recovered I would pay more to the attorney that took the case than 33% much more.

John Cucci Jr.
John Cucci Jr.
answered on Jun 18, 2022

If what you posted is true. You need to get a copy of the award or judgment. As it seems to be over 10 years old, there may be some time-limit issues.

If that $ is in a trust account for your deceased husband, you will need to get a court order from the surrogate's court to get it. If...
Read more »

View More Answers

2 Answers | Asked in Criminal Law, Domestic Violence, International Law and Juvenile Law for Texas on
Q: My brother molested me when I was 13yrs old. Albert is 2 yes older. He did these sick acts for a few weeks. U told Mom

My brother stopped but not before he beat Dad up in the Shoe shop as I walked in back door after school seen Dad laying on floor and picked a shoe hammer up to fend Albert off of Dad. I cried then it was in high school days

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 18, 2022

What is your question, If you want to file charges file a police report,

View More Answers

3 Answers | Asked in Employment Law, Criminal Law, Banking and White Collar Crime for Texas on
Q: Don’t work for a company and that “company” sends you funds (cash app) can you keep it?

I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for... Read more »

Elaine Jarvis
Elaine Jarvis
answered on Jun 17, 2022

Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: My friend told me in 2019 I could use his checking account for anything I needed. I did just that until this year.

And now he wants me to repay for everything or he will be pressing charges. I say this is civil case and not a criminal case am I correct.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 17, 2022

If you dont have proof that he gave you consent it may be criminal.

1 Answer | Asked in Criminal Law, Constitutional Law and Public Benefits for Texas on
Q: Who's job is it to police the police?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 16, 2022

Internal affairs police the police

2 Answers | Asked in Criminal Law for Texas on
Q: If someone such as felon get stop with gun in car but on parole. Bonded out but wasn't taken court till off of parole.

He is off parole since March. What can happen to him. Prison time r probation

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 17, 2022

Felon in possession of a firearm is a 3rd degree felony (this could be enhanced to a higher level offense if he has TDC felony convictions). The punishment range for a 3rd degree felony is 2 to 10 yrs in prison and up to a $10,000 fine. He could get probation by agreement with the prosecution, or... Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Texas on
Q: can anyone help with a civil suit that needs a writs

Around 2:00 p.m. on May 19, 2015, Phillips forcibly entered Faedra Wills’s

Arlington home while, apparently unknown to him, Wills locked herself in the

bathroom and called 911. Arlington police officers arrived at Wills’s home while

Phillips was loading stolen... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 12, 2022

Sorry but I did not see a question in your submission. Please try to ask what or how to do something.

Thank you.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: What is the process for appealing a life sentence handed down in federal court?

There may have been ineffective counsel who failed to argue adequately for motion to sever and during the sentencing phase.

John Cucci Jr.
John Cucci Jr.
answered on Jun 11, 2022

There is a short time-limit for filing a Federal Appeal. What's worse, in some instances you need to file a Motion for a New trial, before seeking an appeal. There is a lot to consider. But step one is usually, file a notice of appeal with the Court Clerk and check to see if you need to file... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.