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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: To Mr. Rogers

Is that considered a civil matter

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 30, 2021

I assume you're asking me this because I answered your original question submitted to Justia. The problem is, I don't know what your original question was. Please copy and paste your original submission along with my answer so I can answer your present question.

1 Answer | Asked in Criminal Law for Texas on
Q: Will the judge lift my warrant if my attorney is there or would I go to jail?

I recently got a warrant for failure to appear and its remained without bond. My court appointed attorney assigned me a new court date & told me to go in with them to see if the judge can uplift my warrant.. is there a possibility that the judge will uplift the warrant or will I be sent... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 30, 2021

This is a question other lawyers would probably do well not to answer. This is the kind of question to ask your attorney. He will likely be able to give you the most knowledgeable answer, even if it is that he doesn't know. No lawyer can predict what a judge will or won't do in any given... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What can be done if my name is not correct on my legal paperwork?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 30, 2021

In most cases it doesn't matter if your name is misspelled. So long as it's clear that it is you that the incorrect name refers to, there's no real reason to worry about it. Now if it is misspelled in the charging instrument (e.g. in the indictment if it's a felony or in the... 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 for Texas on
Q: During my traffic stop a controlled substance was discovered. I was arrested for possession of 1<4g, suspended licenses.

My truck was impounded. then I was told they seized and plan to dispose of it and all contents - said they were contriband. Is that legal to take my only means of transportation. I have an SR22 & Im in process of obtaining my occupational license

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 29, 2021

This is technically not a criminal law question because it is filed in civil court. There is a ton of information available online so do an internet search for "Texas civil asset forfeiture" to get the scoop.

2 Answers | Asked in Criminal Law for Texas on
Q: My girlfriend got charged with poss cs pg 1 gt=4glt200g she didn't know they were in the car how likely are they to drop

The passenger admitted they were his and that she had no knowledge of them being in his possession she thinks they will drop the charges on her I disagree and think she needs an attorney it's a 2nd degree felony

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

She is facing 2 to 20 years confinement and, even if granted probation she will be facing a lifetime as a convicted felon. In my opinion, this is not something to take chances with and it frankly seems like the same type of risky decision as hanging out with drug traffickers. You might want to... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Is there any chance my husband can get out of prison if he plead guilty only because previously lawyer told him to.

He is in prison for aggravated robbery he also sducidal because of prison and has been diagnosed with depression and schizophrenia

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

If his schizophrenia is so bad that he is detached from reality then talk to an attorney who focuses on criminal appeals about the possibility that he didn't understand the plea. That said, it is possible that, even if released from prison, he may minstead be facing an involuntary commitment... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: If paroled from prison commit another felony while on parole can the new sentence be deferred adjudication?

What happens to the original parole sentence?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

One of the conditions of parole is to stop committing new crimes. A person in this situation can be returned to prison to complete the sentence on the old crime and ALSO be given a new sentence for the new crime. The person needs a parole attorney for dealing with any attempt to revoke parole and... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: our lawyer said could only was revoke BF;s bond all his missed court dates due to not being released we dont understand

I don't know the specifics of the cases what I do know is that IN 2019 my boyfriend was charged with a thc vs in Freestone County He was given the option 8 years probation or 10 years, He failed a UA in 2020 for weed and was arrested for a revocation, HIs lawyer bonded him out and came back... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

Criminal defense attorneys are not technically required to talk to anyone but the defendant. Cheap or court-appointed attorneys are often too busy to talk to the defendant's loved ones. You could hire a better attorney to replace the existing attorney and perhaps get better customer service... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My house was broken into by two men blaming me for an act committed by a known prostitute and one threatened to stab me.

I was saved only by a friend whom happened to show up when he drew back his arm to stab. I reported the incident. Statute of limitations?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

Two years for criminal trespass, three years for attempted burglary of a habitation... but the cops are unlikely to be interested unless it was reported promptly.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have a family charge against my mom and she lied on the police report saying she has dementia she also attacked me and

All I did was defend myself and I didn't press charges but she lied and press charges on me my lawyer said she can't beat the case but she's a court appointed lawyer do I need to get another lawyer

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

The result of a criminal case will depend on the quality of the prosecutor's evidence, the skill and diligence of the defense attorney, and some degree of luck. You can't control the evidence or the luck, but you can hire a better defense attorney. On average, expensive attorneys get... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Can a felon buy a gun in TEXAS WITH NEW 2021 gun laws
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 22, 2021

No, it doesn't matter what Texas does becasue federal law prohibits felons from possessing a firearm or ammunition.

1 Answer | Asked in Criminal Law for Texas on
Q: Theft/2500 2+prior (4 convictions) and unauthorized use of motor vehicle? Collin county

He also has various other past convictions totaling around 20 i do believe. This is second time in collin county last conviction was in 2020 also there

Grant St Julian III
Grant St Julian III answered on Jul 21, 2021

I am not sure of your exact question. Call an attorney in your area. Good luck.

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... Read 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... Read 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... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What does that mean COMMITMENT/RELEASE ORDER
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

I do not know how things are done in College Station. However, I do know that an order is a legal document that describes what is to be (or has been) done and on what authority. I also know that a Commitment is an order that checks someone into jail, and it is often a boilerplate form. So, given... Read more »

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 »

4 Answers | Asked in Civil Litigation, Consumer Law, Criminal Law and Intellectual Property for Texas on
Q: Can I use the term "law" in my email address title without being a lawyer? Example: Jason.Smith.Law@yahoo.com.

I am a law student and have an email address with the term "law" in it. I am not a lawyer, however, and have never stated that I am. Is it legal for me to continue to use this email address without being a lawyer? Don't I have speech protections so long as I am not actively trying to... Read more »

Omar Darwich
Omar Darwich answered on Jul 15, 2021

best and easiest way to get a proper answer is to just contact your local state bar's ethics hotline

good luck

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1 Answer | Asked in Criminal Law for Texas on
Q: My son was just arrested in Arizona for a felony in Texas. What immediate steps do I need to take?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 12, 2021

Hire a criminal defense attorney who takes cases in the specific Texas county where the arrest warrant was filed.

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