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Texas Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it wrong for detective s to drop a investigation just because they don't believe you,I didn't see my asailnt,

I was shot point blank in

the stomach as I was closeing my door.didnt see who shot me,I had cameras on all 4 corners of my house recording,they repeatedly asked who did it I honestly said I don't know an in pain I screamed out i shot my self so paramedics would take me,they yelled... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 13, 2021

You could ask law enforcement to continue the investigation, but you should reconsider confessing to a criminal offense on a public website.

Texas Penal Code Sec. 37.08. FALSE REPORT TO PEACE OFFICER [...] (a) A person commits an offense if, with intent to deceive, he knowingly makes a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: Is it illegal under 18 U.S.C. §2385 for me to quote the Declaration of Independence?

The Declaration of Independence says to that if the Govt is corrupt we need to abolish it. So is it illegal to advocate the Declaration of Independence under 18 U.S.C. §2385?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 12, 2021

The Declaration of Independence is an interesting historical document that explains why the colonists revolted against the rule of King George but it does not have the authority of law in the United States. In fact, between the time of the Declaration and our current Constitution a different... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Does a defendant have a right to review redacted evidence obtained through discovery before entering plea bargain?

A motion to compel discovery was properly filed by the defendant after the withdraw of the defendant’s first attorney and before the defendant’s second attorney accepted the case. It was ignored. Defendant has not been able to review any of discovery before entering into plea bargain. Defendant... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 11, 2021

Simply filing a motion doesn't help and there is a decent chance the judge isn't even aware of it. You've got to serve it on the prosecution and ask the judge for a ruling on it. Unless it is trivial the judge would probably want you to set it for a hearing. If it is trivial then... Read more »

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1 Answer | Asked in Constitutional Law, Construction Law, Domestic Violence and Education Law for Texas on
Q: Remedies for protective order falsely obtained

Protective orders used to recover property coowner

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

If you were served notice of an upcoming protective order hearing, and the attached application included false accusations, then you should hire an attorney to contest the issuance of the order. A protective order is a civil matter, even if the justification is an accusation of criminal behavior,... Read more »

1 Answer | Asked in Employment Law, Business Law, Collections and Constitutional Law for Texas on
Q: How do I collect on a case that was granted in my favor in court. And is still growing interest

The company never showed up for court after being served they moved the company on the same day

Teri A. Walter
Teri A. Walter answered on Dec 3, 2020

There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets... Read more »

1 Answer | Asked in Tax Law, Constitutional Law and Election Law for Texas on
Q: I'm 17 and I have a job. How come my paycheck gets taxed if I can't vote? Is that taxation without representation?
Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

The income tax code is not tied into voting. Think of childhood stars who had very large income (Michael Jackson, Stevie Wonder, Shirley Temple, etc.) They all paid tax on their income even if they could not vote.

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: What is the difference between motion to dismiss with prejudice and motion to dismiss without prejudice?

What is the difference between motion to dismiss with prejudice and motion to dismiss without prejudice?

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 2, 2020

If the case is dismissed withOUT prejudice then the case could be refiled after the problem that caused the dismissal is resolved. There are not many situations in criminal law that would allow a judge to grant a motion to dismiss WITH prejudice.

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1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Q: I have a video and a statement tht a police officer made also he lied on the witness stand .

What do i do the da and judge knew it and allowed it

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 2, 2020

It is important to be clear on whether a credibility issue goes to the admissibility of evidence or merely the weight of that evidence.

2 Answers | Asked in Constitutional Law and Criminal Law for Texas on
Q: How do i file charges on the judge the da and the police officers for perjury and violating constitutional rights .?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Nov 2, 2020

If you want to have any chance of getting a serious review of your allegations, you should submit them to the local (or the nearest to you F.B.I. office. The best way to do this correctly is to hire a lawyer who can ask you the right questions and get any evidence you've collected so he/she... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Are enhancements only supposed to be used during trial and not in the plea bargaining process or initial charges?

Are enhancements only supposed to be used during trial and not in the plea bargaining process or initial charges? My uncle had a case about 13 years ago and caught another last year that was enhanced (both evading in motor vehicle).

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 31, 2020

Anything can be used during plea bargaining, and I do mean anything. It's absolutely normal to bring up a defendant's past criminal record, even when it might not be admissible. I once saw a lawyer use the weather in plea bargaining- and it worked.

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do we fix this, isn’t it double jeopardy or something? My boyfriend had 3 traffic violations and a fta from 2013.

He had 3 traffic violations and a failure to appear from 2013. In 2017 he got arrested and spent 3 weeks in jail. The magistrate at that time gave him time served for the 4 warrants out of Daisetta, Texas. He has recently went to jail, got his truck and a borrowed trailer impounded over 1 of the 4... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 20, 2020

I am sorry for your troubles but I thank you for your question.

I'm not sure about the claim the magistrate did not have jurisdiction to give him "time served", or why you would be told that AFTER he already served the time. It is my opinion this is a claim that should be...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Texas on
Q: My husband is on parole he ended up getting a misdemeanor charge in July it was no trespassing hab/shltr/suprfund/Infstr

He has motion to revoke parole & misdemeanor its non violent crime. Is there any motion or legal document I can help my husband with? What can I do to get the parole hold off him?? During this covid virus could that help him in his case 8th amendment??

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 11, 2020

Hire an attorney who focuses on parole work AND a criminal defense attorney for the trespassing case. Parole work is very different because it follows different rules so having one attorney who does both is not ideal. As they say, the jack of all trades is the master of none.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What are the extradition laws on arrests?

If a person is arrested in one county for a warrant in a different county, is law enforcement required to take them to the county jail of their jurisdiction? For instance, if a person has a warrant in Liberty County but is arrested in Montgomery County by an officer who works in Montgomery County,... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 2, 2020

Extradition is about out-of-state warrants and is covered by chapter 51 of the Texas Code of Criminal Procedure.

This question is about out-of-county warrants and that is covered in chapter 15 of the same code. When a person is arrested on a warrant they must be taken to a magistrate with...
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1 Answer | Asked in Constitutional Law for Texas on
Q: Mask mandates violate what constitutional amendment
Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

A Texas attorney could answer best, but your post remains open for a week. It sounds like you are referring to some of the constitutional law arguments that have been made about how mandatory mask policies violate the First Amendment under free speech. Other arguments have been made as to the right... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Will an individual have to expunge a deferred adjudication case?

Will an individual have to expunge a deferred adjudication case? My friend's court appointed told him that the case would automatically fall off; however, he just got his fingerprints done for a copy of his criminal report and it's still there.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 4, 2020

In Texas, if your friend received Deferred Adjudication for a Class C misdemeanor and successfully completed it, he is likely eligible for an expunction. He would have to file a Petition for Expunction in District Court to make it happen. If he received Deferred Adjudication for a Class B... Read more »

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1 Answer | Asked in Civil Litigation, Constitutional Law, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer that I have used before represent the other party

I am suing a company and the lawyer that is representing them is a lawyer I have used in the past

Tim Akpinar
Tim Akpinar answered on Jul 29, 2020

A Texas attorney could answer best, but your question remains open for two weeks. It's difficult to address such a situation with a quick response. Aside from applicable Texas rules for attorneys, it could hinge on what you used the attorney for in the past, what she or he knows about you, any... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Is it typically positive for a defendant if the court lowers their bail without them asking?

Is it typically positive (in terms of a defendant's case) for a defendant if the court lowers their bail without them asking? For example, if a bail on a charge of misdemeanor theft enhanced to a SJF or another SJF crime goes from $3,000 to $750, notwithstanding covid-19.

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

It is typically better to be OUT of jail than in jail so making it easier to get out is generally positive. A person is less likely to accept a bad plea deal when they are out of jail.

However, if they are trying to push people out faster because the jail is full of COVID well that's...
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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...
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2 Answers | Asked in Constitutional Law and Criminal Law for Texas on
Q: If a police report is taking a long time to become public, is that normally a good or bad thing?

My friend was arrested in February and they tell her that her police report isn't ready yet when she tried to get it. Is this a good or a bad typically?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 14, 2020

In normal times that would be unusual, but the COVID shutdown means we are not in normal times. Your friend should have a private discussion with her criminal defense attorney about this issue.

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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 »

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