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Texas Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: A Potential Witness or Person of interest Has or Had Previously been Romantic involved with the Defendant

An is a key Witness in his or her Case, An is ask too be called on too TESTIFY in it! What's is that called...

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

When an attorney wants a court order for a witness to testify they get a "subpoena" and if they want the person to bring documents or other evidence it is called a "subpoena duces tecum."

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Can you get a felony case dropped if they haven’t indicted you after 180 days of getting out of jail?

I got arrested in Waller Texas in October of 2020 and it’s almost been 180 days since I’ve been out. I had an arraignment but i read online that if I don’t have an indictment that I can fight to get my case dropped and was wondering if this was true.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

If the case is dismissed now then you will be released from the bond. However, if you are later indicted an arrest warrant will be issued because you are no longer on bond. The state has up to 3 years to indict you for most felonies so should be sure that the prosecutors don't want the case... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Antitrust and Cannabis & Marijuana Law for Texas on
Q: How do I go about getting someone involuntarily committed in Montgomery County tx. He does not even acknowledge he has a

Drug problem but says that he is a drunk. If he loses to much more weight he might die. He is killing himself with the keystone beer and from my understanding he uses a needle for meth and I have pictures of him smoking it. He was drunk one night and wouldn't let me drive and almost killed... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Ask a Family Law attorney about how to pursue the involuntary commitment of an adult who is a danger to himself and others.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: What happens if you do not get a lawyer after arrest for charges?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Mar 28, 2021

What happens is that every day that goes by without hiring a lawyer is a whole day you have wasted when instead you should be actively pursuing objectives that will lead to the best result possible in your case. Don't complain later about how the system screwed you if you don't become... Read more »

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Is a weed container narcotic paraphernalia?
Grant St Julian III
Grant St Julian III answered on Feb 18, 2021

Texas Health & Safety Code Section 481.001 (17):

Drug paraphernalia" means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing,...
Read more »

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2 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Can police legally unlock and search my glovebox without a warrant

I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... Read more »

Brian Foley
Brian Foley answered on Feb 12, 2021

You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may... Read more »

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Currently have a drug paraphernalia citation. Please read details. What is my best course of action?

There has been no court date set. This has been a pending charge since February 2020. The court has offered me a disposed disposition for the citation. I have asked my attorney if they can move court date up, and they have not been able to assist me. I need the fastest solution possible; this... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 4, 2020

Would your employer accept a letter from your attorney's office explaining that the prosecution has offered a dismissal agreement but it can't be processed while the court is closed for the COVID pandemic?

1 Answer | Asked in Cannabis & Marijuana Law for Texas on
Q: Can I expunge a case that has already been dismissed for free?

I was charged with a POM in a drug-free zone (B) and a PODP (C). I paid a lawyer $1,400 to get the charges dismissed. My lawyer wants to charge me about $2,000 more to get the charges expunged. However, I would much rather pay nothing and do it myself. How difficult is this to do?

Rick Cofer
Rick Cofer answered on Aug 14, 2020

Congratulations on your charge being dismissed. Now it's time to expunge the arrest and clean your record. Filing a Petition for Expunction can be relatively straightforward or highly complex. For example, if an individual was charged with multiple offenses out of the same arrest, had most of... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for Texas on
Q: Is there a way to fight this?

The police arrested me for a burglary of an inhabitants charge while removing jointly owned property from a motel room. When they got me to the facility they found a tiny bit of pot on me that I had found in the room. Arresting me for burglary was erroneous. But can they drop the burglary charges... Read more »

James Michael Yanney
James Michael Yanney answered on Jul 20, 2020

Hello,

In some instances, there may be arguments to be made that roughly follow your line of logic. However, the actual law is quite a bit more complex than "if Charge A is bad, then Charge B is also bad".

You should contact a competent attorney as soon as possible to...
Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for Texas on
Q: Is there a way to fight this?

The police arrested me for a burglary of an inhabitants charge while removing jointly owned property from a motel room. When they got me to the facility they found a tiny bit of pot on me that I had found in the room. Arresting me for burglary was erroneous. But can they drop the burglary charges... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 13, 2020

There are a bunch of rules regarding the admissibility of evidence. You should NOT post any more details about your case online but you SHOULD read about the "exclusionary rule" and the doctrine of "the fruit of the poisonous tree." Be sure to also read about the exceptions,... Read more »

1 Answer | Asked in Copyright, Tax Law, Cannabis & Marijuana Law and Gov & Administrative Law for Texas on
Q: What is my entity type if I’m running an online smoke shop?

Any other legal advice about starting an online smoke shop

David Ostrove
David Ostrove answered on Jun 28, 2020

Based on what you have stated, you are probably a sole proprietorship.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: How much would it cost for a lawyer to represent me in clay county on a Marijuana felony controlled substance
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 11, 2020

How much does a car cost? It depends on what type of car. A good car costs more than a bad car. Felonies can be punished with years in prison and convicted felons generally have more difficult lives for a number of reasons, often related to the limits the conviction implies for their career... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Texas on
Q: Hello. If someone in Harris County, Texas gets a paraphernalia ticket and can pay for the 150$ class then???

Will they have alternative choices? What about community service?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2020

If the person can afford it they should hire a local traffic ticket attorney and try to get a deferral program that doesn't result in a conviction.

2 Answers | Asked in Criminal Law, Federal Crimes, Civil Rights and Cannabis & Marijuana Law for Texas on
Q: Can you be put under arrest for no insurance in a regular traffic stop?

I got stopped cop says he smells marijuana and I deny and deny he ask to search vehicle I don’t give consent, he then comes and tells me I have no insurance on vehicle then says I don’t care about the insurance man just tell me how much bud you have in here.. I say there’s no bud I don’t... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, you can be arrested for no insurance on a traffic stop. I don't know the totality of the state's evidence, but if you don't trust your attorney, go hire another one. Good luck.

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1 Answer | Asked in Cannabis & Marijuana Law for Texas on
Q: How much will it cost to get a nondisclosure agreement?

Hi, I have a marijuana charge (class B misdemeanor) from over 2 years ago. I completed deffered adjutification and all requirements of the court in 2018. The lawyer that defended me said they charge $2,500 for a Nondisclosure agreement. Is this standard? Or would another lawyer possibly charge... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 8, 2020

Call around and get quotes from other attorneys.

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