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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: There was not a court recorder during a plea deal court date. Are there protocols or a specific channel to report this?

This specific area has a lot of discrepancies in regards to how they handle legal situations not just criminal cases. Who do you report misconduct to?

James L. Arrasmith
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answered on Jan 27, 2024

You have several options to report the lack of a court recorder during your plea hearing:

1. Notify the judge directly. Write a letter to the judge explaining there was no court reporter present to transcribe the plea proceedings. Request a new hearing be scheduled with proper recording....
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1 Answer | Asked in Criminal Law for Texas on
Q: Is it legal to have a plea offer court date without a court recorder present?
T. Augustus Claus
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answered on Jan 26, 2024

In Texas, court proceedings, including plea offer court dates, typically require an official court reporter to be present to create a verbatim record of the proceedings. Having an accurate record is crucial for legal purposes, including appeals. If there is no court reporter present during a plea... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have two felony cases Felony Possession of a firearm & possession of a controlled substance with intent to deliver

I was granted a motion to dismiss without prejudice on both due to not enough evidence to find me guilty, how is it that it shows up on my background as deferred adjudication of guilt and I never signed for any probation it was dismissed ??

James L. Arrasmith
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answered on Jan 26, 2024

If the felony charges against you were dismissed without prejudice due to insufficient evidence, then it is incorrect for them to still show up as deferred adjudication or any form of conviction. Here is what I would recommend to get the improper records corrected:

- Obtain copies of the...
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1 Answer | Asked in Criminal Law for Texas on
Q: I was granted a motion to dismiss for insufficient evidence of guilt without prejudice on Dec 18,2023 How is it showing

Up on my background as deferred adjudication of guilt instead of dismissed??

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

It could be due to a clerical error either inputting information into a computer or not correctly interpreting the order of dismissal.

1 Answer | Asked in Criminal Law for Texas on
Q: I discharge my parole on 2 2 24 but I haven't been reporting for a month or so a p.o went to my address for me to go u.

Should I go or will a be arrested for the failure of reporting and payments

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jan 24, 2024

If you violate the terms and conditions of your release, like for example: not reporting, a motion to revoke parole can be filed. Once it is filed, your parole is on hold until the MTR is resolved. The "blue" warrant issued when the MTR is filed is not publicly accessible, but your parole... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
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answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

John Cucci Jr.
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answered on Jan 19, 2024

Unfortunately, unless the court made it part of your plea, you can not seal or expunge a DWI conviction in TX.

If it was part of a Deferred Adjudication, then there may be a chance for an expungement. But, I would need to see all the paperwork and the final judgment. If the case was...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Texas on
Q: Good morning, My husband (which we are currently separated living in different homes) decided to have a protection

order against my church pastor (which this was informed to me verbally, but no written evidence was provided by him) even though I requested it. Me and my children go to this church, and is very small and the pastor, his wife and his family have become truly a family to us, helping us even in times... View More

John Cucci Jr.
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answered on Jan 19, 2024

Yes you can.

If there is an Order of protection against anyone, it must be Noticed to the person who it would be against. Thus, if there was an OP against the Pastor, he would have received Notice of it, and a Notice of a court date for him to dispute it.

If none of that has...
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1 Answer | Asked in Criminal Law for Texas on
Q: If texas doesn't extradite on deemed incompetent by NM on fugitive warrant is it double jeopardy for tx to charge me

Tx burglary out state fugitive tried in Mexico open warrant for same burglary charge still in tx

James L. Arrasmith
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answered on Jan 18, 2024

Double jeopardy, as defined in the U.S. legal system, refers to being tried twice for the same crime. It's important to understand that extradition and double jeopardy are separate legal concepts. If Texas chooses not to extradite you based on New Mexico's determination of incompetence,... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If I have a case that’s suppose to be a felony , but it’s no case or case number on the case what can I do

Never been to court for the felony , only the misdemeanor which was thrown out .

John Cucci Jr.
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answered on Jan 16, 2024

If you were never actually charged with a Felony, the DA may never file against you.

There are time limits on all felony charges. They are called Statutes of Limitation. Some felonies must be brought against a defendant within 3 years. Some crimes have longer time limits, like Murder and...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I be punished if my motion camera moves automatically and puts my neighbor and her house in the camera view?

She never told me the camera bothered her, instead she posted on Facebook about it and asked who knew of a good lawyer. This all started when I posted an automatic audio recording of her screaming at the top of her lungs at 10:27pm scaring me my sick son out of our sleep. I have had issues with... View More

John Cucci Jr.
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answered on Jan 15, 2024

That's a tough situation. Generally, you should not be filming in other people's house or yard, as that is, at some level, an invasion of privacy. At it's worst, it could be considered, stalking and maybe other misdemeanors, like harassment, or a sort of trespass.

Be...
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1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Texas on
Q: In Texas, is it illegal for someone in my household to unplug my security cameras threatening my personal safety?
John Michael Frick
John Michael Frick
answered on Jan 22, 2024

It is illegal for someone to threaten you. It is not illegal for someone to unplug security cameras, particularly in areas where they have a right to be. In certain circumstances, it may be illegal for you to record other members of your household on camera without their effective consent.... View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: My gf brother is using illegal drugs in my house and won’t stop also has threatened to kill us if we got in the way

What can I do?

Stephen A. Nicholas
Stephen A. Nicholas
answered on Jan 14, 2024

So many questions for a seemingly simple situation. Assuming this is an adult, non-household resident, not living there with your GF, and your GF doesn't approve of his drug use; call the sheriff or local police agency so that they can assist you in removing this person and hear any threats... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: I was convicted of Marijuana possession over 4ounces 50 years ago in Dallas County, Texas. Can I legally buy a firearm?
John Cucci Jr.
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answered on Jan 13, 2024

There are three ways you can be qualified to buy a Firearm in TX, as a prior convicted felon..

1. Get a pardon from the governor;

2. Receive permission from the local Sheriff to buy and possess a FA; or

3. Have your conviction expunged by District Court Order. This last one...
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1 Answer | Asked in Criminal Law for Texas on
Q: I caught a charge on deferred adjudication but got it dismissed will this affect my release date next month.

Also my officer said I’m in the clear to be released but I just wanna double check

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jan 13, 2024

This is a good question. The answer is important to you as it affects your future in many ways. The answer is very simple and it is this: there is no way to double check. You should ask your attorney because he/she is best situated to gove you sime idea what the answer might be. Still that would... View More

1 Answer | Asked in Criminal Law for Texas on
Q: collin county texas charge for a 17 year old first offence charge (Second Degree Felony) Charge ( Poss CS PG 1/1 B> = 4G

Yes I’ve already been to jail for this charge and yes I have a court appointed attorney but he’s yet to give me any information on regards to my court case

John Cucci Jr.
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answered on Jan 11, 2024

If you can afford one, get a good lawyer.

Do not take a felony conviction if you have any defense. DA's are weak and lazy. I usually crush them by preparing well.

Set your self up for success with a good lawyer. ASAP!

1 Answer | Asked in Criminal Law and Child Custody for Texas on
Q: I've been falsely accused of sexual assault of a minor as a minor over the age of 14. I am now 30. Can you help me?

My sister has falsely accused me of assaulting her when we were younger in August of 2023. Juvenile had me come in for fingerprints September of 2023 and an assessment January 3rd 2024 , and January 5th 2024 I was called and given a court date for the case on January 19th 2023. I have evidence this... View More

John Cucci Jr.
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answered on Jan 5, 2024

Do NOT talk to anyone else about your case or the circumstances surrounding it. Get a great lawyer ASAP!

These cases are terrible and the State and the people working for the State are going to steam-roll you! Do not talk to any police, or detectives. Tell everyone that you want a lawyer...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I am coming up as a felon and I’m not it’s ruining my life! What do I do?

I was originally arrested in Texas for felony charges aggravated assault on one and POCS on another both were reduced to a lesser charge of petty misdemeanor. But I’ve lost my state benefits as well as countless jobs no one will rent to me. I contacted district clerk who states dps entered it... View More

James L. Arrasmith
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answered on Jan 5, 2024

Your situation, where your criminal record is incorrectly showing felony charges instead of the reduced misdemeanors, is understandably distressing and impactful. The first step is to obtain the certified letter from the district clerk that correctly states your charges and their reduction. This... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What motion says the state has 180 days to pick u up from prison for court after 3 bench warrants & still not picked up

My loved one has been in prison 2 years on a drug charge but caught an illegal dumping charge before the drug charge. He has had court every month but they don't pick him up. I went to the court and the Assistant DA told me that his court appointed lawyer could file a motion to get the case... View More

John Cucci Jr.
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answered on Jan 4, 2024

There is a lot going on for your loved one.

It is true that if an arrest has been made, or a charging instrument (not Indictment) on a case, and the DA does not get an indictment within 90 days or the DA fails to produce an accused within 180 days, a Motion can be made to dismiss the...
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2 Answers | Asked in Civil Rights and Criminal Law for Texas on
Q: My expungment order was sent to all agencies on November 28th by district Court clerk. How long does it take to clear .
James L. Arrasmith
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answered on Jan 5, 2024

The time it takes for an expungement order to be processed and for your records to be cleared can vary, but it typically takes several weeks to a few months. This timeframe depends on the specific agencies involved and their processing times. Each agency must receive the expungement order and then... View More

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