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Texas Federal Crimes Questions & Answers
1 Answer | Asked in Federal Crimes, Libel & Slander and Personal Injury for Texas on
Q: WHY ARE MOST ATTORNEYS AFRAID OF 1983 FEDERAL CASES AGAINST MUNICIPALATIES IS IT THE RETRIBUTION OR DAUNTING CHALLENGE

i have had two successful cases filed pro se where they were accused of assault illegal detainment 1st and 4th amendment violations and conspiracy on one and running me off the road on the other. In both cases they settled, i know this and what im up against and if someone took the time i could... View More

Leroy Scott
Leroy Scott
answered on Apr 1, 2022

Probably neither of the above. The more likely reason is that the 1983 suit against the municipality pretty much requires that the plaintiff proves that the municipality had an actual policy to violate the constitution. E.g., if a person is beaten up by the cops, to prove a 1983 case against the... View More

2 Answers | Asked in Criminal Law, Federal Crimes, Military Law and Social Security for Texas on
Q: I need a lawyer to review some evidence I have to decide if I have a credible case and what the fee might be.
Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2022

You don't mention what type of case you are asking about. If it is a claim for service-connected compensation, I or another attorney can review your case and no attorney can charge you for that. The same is true for a Social Security disability claim. An attorney can discuss the case with you,... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have a felony for possession in 2008 and 2011. Is it true the I can possess a firearm in my house in Texas ???
Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 9, 2022

It is a violation of federal law for anyone convicted of a felony to possess a firearm or ammunition.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is there anything that can be done legally?

I got a car from a private party. It wasnt in my name yet, and was uninsured.

I let someone borrow the vehicle and they never returned.

I was able to track my phone that was left in the vehicle to the private residence of the towing companies owner on the side of the road,... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 24, 2022

You could possibly sue them but there is no point suing someone who doesn't have any money.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: First time ever in trouble. Facing two second degree felony charges at the same time. Is probation possible in TX

35640013 del marij >5lbs<=50 lbs

35990021 poss cs pg 2 >= 4g <400

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2022

It depends on which Felonies you have been charged with to give you a good answer. Usually, if it is not a sex crime or a homicide, you can get probation on your first charges. However, I would definitely need to know the exact charges to give you solid advice.

2 Answers | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: I recently was charged for human “smuggling” in Texas passing the checkpoint in Zavala County, Texas. Please help

I don’t consider this to be smuggling since I didn’t gain no money and I didn’t cross anyone over the border the illegal aliens were already in Texas I just had to pick them up. And now I got a charge for this and pending court date.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 17, 2022

It is irrelevant whether you received any payment for your activities or whether the foreign nationals were in the United States: these are not the requisite elements of the current criminal charge you are facing, witch has a possibility of a prison sentence upon conviction.

You must...
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1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for Texas on
Q: In the state of Texas what is the time limit to file criminal charges in a sibling for child molestation?
Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 3, 2022

In Texas, there is no statute of limitations for indecency with a child, sexual assault, or rape of a victim who is a child.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Texas on
Q: Forgery of government documents, statute 32.21 e-2. Prison time?

My son’s grandma (not my mom) was recently arrested for “forgery of a financial instrument >2500<30k, ENH IAT.” It was some sort of government document but I can’t see what exactly it was. It’s listed as a third degree felony on her arraignment public record. She has 5 prior... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 20, 2021

Your son's grandma should hire a criminal defense attorney to review her case to determine the best possible outcome as she could be enhanced, meaning given a heavier sentence, if she is a repeat or habitual offender (two prior TDC trips). Under the scenario you provided, it is possible for... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: My cousin was charged with smuggling in Crystal City, tx. He has never been in trouble. Could he get off w/probation?

He was convinced to give a ride to some people he didn't know by a friend of a friend. Being young(21), he did it for the money, not thinking of the consequences. The friend was driving his car when they got pulled over and they both got arrested. What the chances of him getting off or getting... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Oct 31, 2021

If this is a federal case, he sounds like a minor player in the criminal operation. It is imperative that he searches out and hires an experienced criminal defense lawyer with substantial federal court background. He should not, repeat not, try to hire an ex-federal prosecutor in the hopes that... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Gun rights in Texas for a sealed record in Arkansas
Kiele Linroth Pace
Kiele Linroth Pace
answered on Oct 13, 2021

Federal law gun laws are often more restrictive, especially for cases involving domestic violence.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: How do I know if I’m being watched federally
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2021

No one can know everything.

If you think you are a TARGET of an investigation with a federal agency, you can hire an attorney to make a formal request, as to whether or not you are a target of an investigation, or Grand Jury target. However, that will not assure you that you are not...
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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Criminal Investigation

If an individual has reason to believe that they are under criminal investigation, is there a way to find out before being served or arrested?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 2, 2021

There is not a reliable way to find out. About the best you can do is to hire a criminal defense attorney who agrees to reach out to law enforcement and inquire about the status on any investigation. Sometimes a detective is willing to play ball if she understands that you want to take care of... View More

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1 Answer | Asked in Federal Crimes, Family Law, Civil Rights and Juvenile Law for Texas on
Q: cps lied in affidavit, lied on the notice of removal, attorney isnt responding to my calls, false drug test ? what to do

allegation were physical abuse, in which in the affidavit my child stated to not be true, presumptive marijuana test when i delivered my child but my baby passed all testing for drugs and mental issues but i was reported by a mental dr that i didnt qualify for mental services. the judge who signed... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jul 24, 2021

We hear these kinds of pleas for help far too often in Texas due to the nature of our system. I won't go into all the systemic problems which contribute to the CPS nightmare which you find yourself in. The good news is this: there is help out there. The bad news is this: the help you need is... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Social Security, Estate Planning and Probate for Texas on
Q: Is it fraud to apply for benefits from a commen law marriage if they were not even commen law married and the man died.

I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... View More

Stanley Franklin Denman
Stanley Franklin Denman
answered on Jul 17, 2021

The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Texas on
Q: Can one get prosecuted for trafficking when entering any state, in possession of 10gr of pseudoephedrine hydrocloride?

1st time offense. No prescription. Medication bought over a period of time. Individual entering state for holidays.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 16, 2021

You can be arrested and prosecuted for anything. However, you can only be convicted if you enter a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. Ten grams is 10,000 milligrams. A typical pill of pseudoephedrine... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can a case be thrown out if taken to trial if the officer that gave the ticket is fired

It's a felony case

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 18, 2021

There are no felony tickets in Texas. A fired officer doesn't AUTOMATICALLY result in dismissed charges. The prosecutor will decide whether the officer's testimony is needed, whether the reason for the firing implicates the officer's credibility, and the quality of any other... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can she get the charges dismissed if the drivers on the affidavit saying she knew nothing about the drugs
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 10, 2021

Assuming this is an extension of the motorcycle question... It is the prosecutor's job to decide which cases to pursue and which to dismiss. An affidavit might help, or it might not... depending on how the prosecutor reacts to the contents of the affidavit. It might also help if the... View More

1 Answer | Asked in Libel & Slander, Criminal Law and Federal Crimes for Texas on
Q: My friends were on a motorcycle and the driver had a half oz of meth in his backpack. Passenger didn’t know about

Passenger has never had a ticket on her record and worked for the APS of Texas recently

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 10, 2021

OK, but what is the question? Reading between the lines it seems like the passenger was charged with Possession of a Controlled substance and you want to know if not knowing is a defense? It can be, but it would be unwise for your friend to talk to an investigator without an attorney and an... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Divorce for Texas on
Q: Is Defamation ex parte and subjective language (libel) allowed for a writ while a victim child is protected by VRA law?

Defamation and subjective language were used ex parte for a writ to a child's body, after an action (motion) was in place for full custody, after numerous bouts of maternal child abuse and maternal fraud were evident. The child was then subsequently returned to the maternal abuser against... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 25, 2021

I apologize for the snarky tone of my previous response. I can't remove it, so I will try again to answer your specific question regarding the language in a writ:

Arguing over the language is probably not the best use of your time and effort. One of the many reasons that wise...
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1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: Is there something I can do for my father's felony charge 25 years ago that got him deported

My father was charged with a felony 25 years ago from a drug charge

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on May 19, 2021

The question is, what do you want to do about that matter? You say your father was charged with a felony drug offense but you don't mention what actually happened to the case? Did he plead guilty? Did he go to trial and lose? Or did he get deported before anything happened in the drug case? If... View More

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