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Texas Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a person be charged with possession simply because they are in the car with someone and drugs are found under them?

If drugs are found under the driver seat of a car and the driver is the owner of the car, can the passenger be charged with possession because the driver/owner refuses to take ownership? If so, how likely is a case like that to stick?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Sep 14, 2021

You wouldn't be asking this question if this fact situation hadn't already occurred. So you know the answer already. The passenger(P) can be charged with possession. (If the assumptions I'm making are incorrect, then disregard my answer.)

If the P is charged based solely on...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Texas on
Q: What can be done about a city ordinance that is in violation of the state constitution and federal law?

If enforcement of ordinance would directly violate 1st Amendment

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

A Texas attorney could advise best, but your post remains open for two weeks. Ordinances could be challenged on constitutional grounds in the course of their development, while in committees or floor debates. Ordinances are also sometimes challenged in the course of actual cases that challenge... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: I NEED HELP ON PROVIDING IMPORTANT INFO ON AN INMATE CURRENTLY IN JAIL, ARE THERE ANY SOURCES OR RECOMMENDATIONS
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 29, 2021

What kind of information are you trying to provide? The answer to that question will lead you to the people you should speak with. For example:

If you have information that might help the person with their court case, then you should try to contact their lawyer. When you look up jail...
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1 Answer | Asked in Criminal Law, Child Custody, Constitutional Law and Juvenile Law for Texas on
Q: Can I be charged if I gave a ride to a minor that i did not know was running away

Sons gf lives with uncle and grandma her mom lives in Mexico she had a argument they told her to leave her mom talks to me ask me to give her a place to stay three days later she went home again with uncle and grandma following day she asked me to pick her up and drop off at a store for someone... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 16, 2021

The answer is "yes", you can be charged if the police have reason to believe you are not telling the truth about how much you knew. Quit talking to the police and get a lawyer. If the police believed you, they wouldn't be threatening to try to convince the D.A. to prosecute you.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Can police take cell phones?..& is 18 months before even being offered a plea a violation of a right to a speedy trial?

Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.

Defendant believes counsel was overwhelmed &... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 10, 2021

First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Texas on
Q: What motions and forms do I need to e-file on a 481.121(b)(1) charge in Montgomery county Texas...

I am not guilty, I had no knowledge of the marijuana being in my vehicle, and I denied the police permission to search my vehicle. I want to get my case dismissed.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2021

Getting a dismissal in a case like this isn't about filing motions and forms. The most likely path to dismissal will require a suppression hearing, the success of which is likely to depend on legal technicalities regarding the stop, the search, the arrest, and the transition from a traffic... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: If a psychiatrist makes a false report with lawyer in on it. Is it a crime because it falls under Texas Rules of Evidenc

Judge signs for psychiatrist to see me April 30 and resend is lawyer could not talk to me about case, said I was argumentative or did not meet him. Court records shows he said he tried to meet me on May 3. But doctor report is also dated May 3. How can I argumentative with a man that I never meet?... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

No, there are not any offenses defined in the Texas Rules of Evidence. That said, Tampering with a Governmental Record is an offense defined in the Texas Penal Code.

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: is it true that you have to be inditied before able to get a speedy trial for a felony

I’ve been on bond for a year and have not been indited ..or no court date or anything, been asking my “paid attorney”for a speedy trial since day one,because of my innocence. But I do think he knows the law very well. Keep saying cuz of covid but I’m going through a divorce and I’m going... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 22, 2021

It is true that the right to a speedy trial does not attach until the case is indicted. It is also true that there is no right to a speedy indictment. However, you can usually force an indictment by demanding an Examining Trial to determine probable cause. This is only a good idea in rare... Read more »

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Did Trevor go around LH after she left the ER?

There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »

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

The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Are there any cases that can be use against a inmate being set off for the nature of his offense

It a case that's was in the prisonlegal news of a female fighting being setoff for nature of offense was it a ruling on it

Grant St Julian III
Grant St Julian III answered on May 12, 2021

I am not sure of your exact question, or the situation you describe. Calling an attorney may help. Good luck.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: friend made parole release 5/21 , got caught w drugs moved to g4 , no store , no ecomm , has to Do 6mth class now aug

Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 9, 2021

Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Fiancé was arrested wrong warrant number Bond is showing wrong year

fiancé was arrested year ago charge wth 2 feloniesOne hydraco pill was his prescrption A morphine patch that was in his moms vehicle the patch belonged to her dyeing sister in which she passed away a month later. His mother had taken her to get the script the day before and had dropped one in the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

No, the prosecutor is not required to dismiss the case. He or she can seek a conviction if they believe it is in the interest of justice. The answers to your other questions should come from his criminal defense attorney because that is the only person who has the facts. If your fiancé is on... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: Brother charged 115 years in 2014 for string of robberies. No one hurt or killed or anything how can we get time reduced

Did have a weapon robbed 7 fastfood restaurant in june 2014 been in jail since. Deundrae Miller

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 19, 2021

Consult an attorney who FOCUSES on parole work and ask about the possibility of both parole and of your brother receiving a commutation of the sentence. Don't just look for a criminal defense attorney that also does a few parole cases on the side... you are looking for a person whose law... Read more »

2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Sharita Blacknall
Sharita Blacknall answered on Apr 13, 2021

Here are some of the requirements for name change in Texas:

-You are at least 18 years old.

-You file a petition asking for a name change in the Texas county where you live.

-You provide the court with complete information about all felonies and Class A or B misdemeanors...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a case that was dismissed be expunged if you have prior, separate convictions?

Can a case that was dismissed be expunged if you have prior convictions? For instance, if you have a case dismissed in 2019 but you have a conviction for a separate case in 2015, can the dismissal be expunged or sealed?

Rick  Davis
Rick Davis answered on Apr 5, 2021

It depends on when the statute of limitations will run on the case that was dismissed on in 2019. There is a good possibility that you can get the dismissed case expunged.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: How do I a honest, working man, patriotic, Christian law abiding citizen find the right honest attorney to represent me?

The McLennan County courts, police, law enforcement and jail Authorities committed libel, slander, and fraud against me to create an illusion I'm guilty while knowing I'm innocent of any charges and generally violated my God given/USA constitutional rights. I want to challenge them in... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 14, 2021

Search the internet for an attorney who takes federal civil rights cases. There could potentially also be torts that could be filed in state court, but some require a not-guilty or complete dismissal of criminal charges. It is my understanding that these are hard cases because the government... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Texas on
Q: What is the best way for a layman to find the right attorney for his or her individual objectives and needs
Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 14, 2021

One way is to ask the attorney you know for a referral... even if the person you know is the "wrong" type of attorney. For example, if you know an attorney that handles issues in Family Law, that person might be able to give you a referral to a good attorney who practices in an area like... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: due to my class A misdemeanors I cannot get an open or concealed license carry.Under the constitution can I still carry

A cop showed me the state penal code and told me the constitution wouldn't be applicable I thought the constitution was over state law but i might be and am probably wrong

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 14, 2021

1) It is also a violation of FEDERAL LAW for you to possess a firearm or ammunition. See: US Code Title 18 Section 922(g)

2) Second amendment exceptions include felons, those convicted of misdemeanor crimes of domestic violence, people with dishonorable discharges, anyone addicted to...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Someonr threatening as boss of the girl whom im contacted for escorts service. He told he will compliant to police.

But i didnt sent money anyone. I inquired couple of girls based on details provided in adultsearch. He told he already have my address and my family details. I already sent 1500$ to him.

Teri A. Walter
Teri A. Walter answered on Feb 26, 2021

This sounds like a scam. Stop sending money, and stop communicating with that person.

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Texas on
Q: Can a jury trial take place in an eviction when the rules of civil procedure and evidence don't apply and in a CC ?
Teri A. Walter
Teri A. Walter answered on Feb 8, 2021

Rules of evidence and procedure will apply in county court for the appeal of an eviction, but jury trials are problematic now. Check with the court to see how your court is handling them.

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