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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: My father is deported due to a felony case that happened 25 years ago Is there a way we can do something
Kiele Linroth Pace
Kiele Linroth Pace answered on May 18, 2021

He can apply for a pardon from the Governor of Texas. You can download an application on the website for the Texas Board of Pardons and Paroles. Look under the "Forms" section of the website.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Employment Discrimination for Texas on
Q: Civil Demand Notice, I was an employee using 10$ off coupons on my transactions. Over time made the company lose 300$

I paid for everything I purchased. I want to start off by stating that. I never once stole anything. These coupons are meant to be used along with our associate discount. I would take the points customers didn’t want and add them to my account. If an item I bought was 100$ then I would end up... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 17, 2021

Paying a civil demand after the fact will not prevent criminal charges of theft or forgery. Sometimes the vendor will imply that they won't file criminal charges if you pay the civil demand... but they might anyway. Also, once it is reported to law enforcement the vendor can't dismiss... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Civil Rights for Texas on
Q: My understanding is Anthony Fauci owns patents in vaccines he's promoting using his official position with the US CDC

Seems like a clear conflict of interest which he can be sued or indicted for fraud for?

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

Think about the person who led you to this "understanding" about Fauci's patents. That person is either ignorant or deliberately manipulating you. They are either stupid or evil. Either way, that person is not a reliable source of information. Stop listening to that person.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My house was raided I was not home what do I do
Kiele Linroth Pace
Kiele Linroth Pace answered on May 14, 2021

Don't post anything else about it online. Don't talk to the police. Do have a PRIVATE conversation with a criminal defense attorney who has an office in the community where your house is located. ASAP!

1 Answer | Asked in Criminal Law for Texas on
Q: If a judge does not verbally disclose full terms of probation during sentencing does it disqualify the ruling? Texas.

The DA said no jail time, was not written in the write up signed by him, the judge during sentencing did not mention any jail time. After ruling, speaking to the count clerk, I was reading over and she told me it was the same conditions the judge just went over ( court was busy that day). I later... Read more »

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

That is something your criminal defense attorney should have explained. If you were trying to do it yourself without an attorney, you must always ALWAYS read the documents before signing them. Actually, if it were me, I would probably read them even if I did have an attorney, and I would...... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is it legal for someone that has felony controlled substance chargesTo live in a house with firearms?
Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2021

It is a crime under federal law for a convicted felon to have possession of a firearm or ammunition AND it is also a crime for anyone else to make a firearm or ammunition available to a felon. This also applies to criminal defendants who have been indicted for a felony but not yet convicted. See:... Read more »

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.

2 Answers | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Is it legal for a state trooper to search a locked glovebox? He said he was going to “bust it open” if I didn’t give key

I was pulled over for failure to display my front license plate - upon stop trooper asked if I smoked weed I said yes pointed to my pipe - then got out to get a leash from the trunk for my dog so he could search my car - I didn’t really give permission he just already was on it - so after... Read more »

Grant St Julian III
Grant St Julian III answered on May 11, 2021

Once the admission of possession of an illegal substance was made, the officer had a legal right to search your car. Whether the officer was going to "bust up" your car or impound your vehicle to perform an inventory search is speculation. Call your lawyer. Good luck.

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1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Texas on
Q: Kids are 5 years apart. If my youngest was coaxed into staying w/ my oldest when she moved out 18+. Can I press charges?

Ex. My oldest has several mental health issues and ODD. Once she moved out, it would be likely she would 'get back at us (parents)' by convincing her little sister to run away and come stay with her when things at our house were unfair or she were being punished. Could I press charges on... Read more »

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

The offense named Harboring a Runaway Child does NOT apply to siblings or grandparents. See: Texas Penal Code section 25.06(b). Also, the police solve their problems with ammunition. Don't use law enforcement to solve parenting problems.

1 Answer | Asked in Criminal Law for Texas on
Q: How long does it take to get a dismissal for a misdemeanor criminal case? (Lowest possible criminal crime)

My friend was arrested in November 2020 is put on bail and has a court appointed attorney. The last thing he heard from the attorney is that it looked like it may be dropped because the plaintiff isn't responding to them. This was a month ago and the attorney also said he had 5 other cases in... Read more »

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

Wow, complaining about a free attorney? Beggars can't be choosers. It isn't the defense attorney's decision when or if the prosecutor dismisses the case. Sure, the defense attorney can attempt to INFLUENCE the prosecutor but ultimately if you have a stubborn prosecutor sometimes... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Am applying for a job at jail her in Texas and in there application says You must never have been convicted of a felony

was back in 2003 and i got expunged in 2010 so what do i answer on the application aldo its a government job i know that they can see it even that its expunged???

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

If it was expunged then you were probably not convicted. The only way to get a conviction expunged is if you are first pardoned by the Governor of Texas... and that is rare so I suspect you woulda mentioned that if it happened.

If you were arrested but the charge was dismissed then you...
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1 Answer | Asked in Criminal Law for Texas on
Q: I am on probation for two years how much probation do I need to complete to get off early.

Is it legal for a probation officer to stare between your legs when performing a u.a. .

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

The probation officer looks to ensure you are not using a Whizzinator. (look it up if you don't know)

The process for early termination of probation is described here: https://www.pacefirm.com/faq/probation-termination.html

1 Answer | Asked in Criminal Law for Texas on
Q: My fiance' was charged with two felonies.

1 hydracodone pill and 1 morphinr patch.

My question is sence he had prescription for the pill and medical records proving the pill was his and his mother had prescription for the patch also signed affidavit claiming the patch. Doesn't the D.A. have to drop those charges? Also the... Read more »

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

No, the DA is not REQUIRED to drop the charges. If the DA does not drop the charges and the defendant does not enter a plea of guilty or no contest, then the DA will eventually have to prove every element of the offenses beyond a reasonable doubt to a jury at trial. The prescription and the... Read more »

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 »

1 Answer | Asked in Criminal Law for Texas on
Q: Can I be assigned a different court appointed lawyer? Are there any lawyers iny area that do pro bono
Kiele Linroth Pace
Kiele Linroth Pace answered on May 7, 2021

You can ask the court to appoint a different attorney but the judge is free to refuse. Also, it is possible that the judge could agree and then appoint someone who is even worse. The only surefire way to get the attorney of your choice is to hire them.

1 Answer | Asked in Criminal Law for Texas on
Q: I am from Kilgore Texas and I have been charged with tampering with evidence And Possion.

Police video shows no evidence that I tampered with anything police are heard saying they saw me. Gregg county prosecutor is wanting to enhancey charges to 5yrs tdc and 15months state jail due to time spent in federal in Kentucky 30yrs ago and for 1yr state jail time served 12yrs ago. Is this legal

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

Cops add tampering charges in drug cases when they believe the suspect tried to drop, destroy, or otherwise hide the drugs to they wouldn't be found. You can read the exact text of the law in chapter 37 of the Penal Code here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.37.htm#37.09... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Criminal Law and Traffic Tickets for Texas on
Q: If proof of insurance was provided to the court do they verify it?

If someone received a ticker for Financial Responsibility (No Insurance) and they showed the court they had a policy during the date of ticket is the case dismissed immediately or is the insurance policy verified? Not speaking of fake insurance but if you can't remember if it was cancelled or... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

They will probably verify it unless someone is being lazy.

1 Answer | Asked in Criminal Law for Texas on
Q: I am CHARGED with poss control sub over 4 under 200grams of methamphetamine. I now see where there was a REQUEST OF

Notice with intent to offer extraneous conduct filed on my case ? I'm not sure what that means or why would the court or an attorney file that?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

Rule 404(b) of the Texas Rules of Evidence says that you can get advance notice if the prosecution intends to use character evidence like prior convictions or bad acts by the defendant to show things like motive, opportunity, intent, absence of mistake, lack of accident, etc.

For example,...
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1 Answer | Asked in Criminal Law for Texas on
Q: Hi need help dont need or want to go to jail first assault charge what is my outcome
Kiele Linroth Pace
Kiele Linroth Pace answered on May 4, 2021

Nobody can see the future outcome. The maximum penalty for a class C assault is a fine and no jail time. The maximum penalty for an aggravated assault is life in prison. What happens in your case will depend on three things: the level of the assault, the quality of the prosecution's... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: I’m just now being arraigned in June for a charge I was unaware of issued in early 2019. Is this a due process issue?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 2, 2021

Yes, a delay in prosecution of more than 2 years might give rise to a denial of due process claim by you. A due process issue is almost always very fact-driven.

One example of a due process violation might be that the State of Texas (its police and prosecutors) failed to diligently attempt...
Read more »

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