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Texas Criminal Law Questions & Answers
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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1 Answer | Asked in Criminal Law for Texas on
Q: Can anything be done when a drug court coordinator is bias against an offender to the point of sanctioning for rediculou

The coordinator is part of a team that is supposed to help these offenders get better. Not constantly belittling them to the point of giving up and wanting to go Awol

John Cucci Jr.
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answered on Jan 4, 2024

Unfortunately, some Court Coordinators are not nice people. However, you must keep your cool. Do not let some miserable person drag you into her sad world. Just keep up everything you are required to. Once you have completed your sentence, etc., you should write to the judge and let them know of... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I was arrested in Oct of 2018 for possession of cs 3hen does the statue of limitations run out on this charge?
John Cucci Jr.
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answered on Jan 4, 2024

The Statute of Limitations on a felony criminal charge of possession of a controlled substance in Texas is Three (3) years from the date of arrest.

1 Answer | Asked in Criminal Law for Texas on
Q: Is online fantasy ageplay between consenting ADULTS illegal in Texas?

I partake in the BSDSM kink ageplay and DD/LG to cope with trauma from my childhood. I make it clear I am a legal age to my partner before roleplaying a young age. This is fantasy, text only, no pictures are EVER exchanged.

Due to the sexual nature of the private conversation having to do... View More

John Cucci Jr.
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answered on Jan 4, 2024

What you have asked, confined to the exact language you have sent, is NOT illegal. If the conversation and subject matter, stay as such, you are fine to continue. Criminal liability would be implicated if any child, or involvement of children, were involved. Also, be sure the conversations are only... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Stranger opens my car door.

If a stranger opens the rear door where my 10 year old child is sitting, but has not yet entered the car. May I use force immediately and preemptively to protect the child? I am assuming that anyone who opens a car door without permission is a danger to my child. If he did intend to hurt the child,... View More

T. Augustus Claus
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answered on Jan 1, 2024

In Texas, the use of force to protect yourself or others is generally governed by the state's self-defense laws. While there is a legal concept known as the "castle doctrine," which allows individuals to use force, including deadly force, to protect their homes and vehicles in... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Are psilocybin truffles legal in Texas?

Since it's stated that only mushrooms are illegal and not sclerotia, would that make psilocybin truffles legal?

John Cucci Jr.
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answered on Dec 31, 2023

It would depend on the chemical makeup of the truffles.

U ca. Look it up in the TX penal code n Health laws.

If it's not a match to what is prohibited, then it's not illegal.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Can I find out the total sum owed on a charges with each case number? If not, how do I find that information
John Cucci Jr.
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answered on Dec 29, 2023

Each State has its own system of allowing access to criminal records and judgments. Usually, fines and criminal penalties are part of a guilty finding and the attendant Judgment. So yes, usually a simple telephone call to the clerk of the court in which your case was held, will get you the details... View More

2 Answers | Asked in Criminal Law for Texas on
Q: My husband was accused of failure to register but he did who do I give my evidence to

I've tried talking to his parole officer but she has been lying to me from the beginning stating my land lord had called the Detective and said that we had moved out before the date that we had to. he wrote a letter stating that and saying that he was very cooperative and gave us till the 1st... View More

John Cucci Jr.
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answered on Dec 29, 2023

Registration is a painful and cumbersome process. From now on, send all correspondence and registration documents and Notices by Certified Mail via US Postal service. That will remove anyone's B.S. or memory problems. Even better, it will be saved in cyberspace Forever.

If the...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: What options do we have. What motions are worth filing? Any suggestions on how to proceed

My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing.

John Cucci Jr.
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answered on Dec 29, 2023

First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it.

When he pled guilty, there was probably a plea "package" of paperwork, Notices of rights, and waivers of rights, that the...
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1 Answer | Asked in Criminal Law for Texas on
Q: if you are sentece to serve 12 month can they make you stay 13 month
James L. Arrasmith
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answered on Dec 29, 2023

In Texas, if you are sentenced to serve 12 months, typically, you should be released after completing that term. However, there are situations where your stay might be extended. This could be due to various factors, including disciplinary issues while incarcerated, miscounted time, or... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Parole violations due to cases dismissed and reinstated

I was wrongfully arrested while on parole which resulted in a violation. The charge was dismissed. Is there any case laws that I can present to parole why they shouldn’t violate me because of the wrongful arrest

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Dec 27, 2023

You should really consider hiring a lawyer to address this issue. Parole violations can be tricky. Especially when they involve new arrests because arrests can create substantive and technical violations. Without seeing the exact parole violations being alleged it is impossible to give good advice... View More

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2 Answers | Asked in Criminal Law, Child Custody, Federal Crimes and Family Law for Texas on
Q: The biological father has no rights and stole my son from the park is that a felony. Can I press charges.

The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2023

It depends on other factors such as whether the man is presumed to be the father of the child or has acknowledged paternity. For example, if the man was married to you and you gave birth to the child either during the marriage or within 301 days of the date that the marriage ended, he is the... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Got a call this morning from a guy, PI and told me his name and badge number, said he wanted to ask me questions
John Michael Frick
John Michael Frick
answered on Dec 26, 2023

That may or may not be real. It may or may not be a scam. You have no legal obligation to talk to a private investigator. You can search online the PI's name and license number (I presume this must be what you mean by "badge" number; private investigator's are not issued... View More

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