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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Hello, I recently had two individuals come at night vandalizing my vehicle. I have video proof. What actions can I take?

Both age 15/16, my age being 16. I know who they are and have video proof

John Cucci Jr.
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answered on Sep 24, 2023

I would have your parents call the other kids' parents to try to resolve things. If not, then call the police and give then a COPY of your video proof. Do not wait long as that will eventually cause a problem. The other kids' parents probably have home insurance which may pay for the... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If you’ve been charged but not indicted on a crime, does it 180 day rule apply

Canthe police, search your house without having a search warrant in hand

John Cucci Jr.
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answered on Sep 21, 2023

You have 2 questions.

1. There is a Criminal procedure rule whereby if you are arrested, and NOT released on Bail/Bond then the DA has 90 days to get an indictment, or you can get released. If you are arrested, then get out on bail/bond, the DA has 180 days to get an Indictment, or you can...
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1 Answer | Asked in Criminal Law for Texas on
Q: Is seeing a set of scales in the living room probable cause enough to get a warrent to search a locked room in the house

To obtain the warrent over the phone

T. Augustus Claus
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answered on Sep 18, 2023

Probable cause is a legal standard that generally means there is enough evidence to reasonably believe that a crime has been committed or that evidence of a crime can be found in a specific location. Whether the presence of a set of scales in the living room is enough to establish probable cause... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can my lawyer get my phone back if a detective took it into evidence.
T. Augustus Claus
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answered on Sep 15, 2023

They can contact the detective or law enforcement agency involved to request the phone's return, provide legal justifications for its return, and potentially negotiate for its release. If the seizure of your phone is believed to be unlawful or a violation of your rights, your lawyer can file a... View More

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: Is there a reason parents are not charged with 'child endangerment ' when a child brings a gun to school ??

If parents /guardians were charged for bringing a weapon to school ,would this NOT end or slow such action ??

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

Probably because it would be very, very difficult to convict a parent, particularly if the child is attending a public school during school hours and not an extracurricular activity. Now if there is evidence that the parent knowingly, intentionally, or recklessly sent the child to school with a... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What does it mean when a case is set for plea?

Ex-husband has a felony case with the Harris County DA’s Office and the next setting has been set for plea. Does this mean that he will formally plead to the charge or does it mean something in regards to a plea agreement?

John Cucci Jr.
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answered on Sep 11, 2023

Set for a plea can mean a lot of things. It usually means that a plea offer was given to the defendant, and the next court date is the deadline to accept or reject the offer. It can also mean that a plea agreement has been made and the formal guilty plea will occur on the date set.

It can...
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1 Answer | Asked in Criminal Law for Texas on
Q: I missed my last class due to mental health treatments parole decided to revoke me w/6 days left to discharge can they?

I have doctors notes to cover me. I’ve never had a case in me during my whole prison term my discharge date is this Monday coming up. I’m on the lowest level of parole. What can I do?

T. Augustus Claus
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answered on Sep 11, 2023

In Texas, parole conditions can vary depending on the specific terms of your parole agreement. It's essential to review your parole conditions to understand if missing a class due to mental health treatments is considered a violation. If you have doctor's notes to support your absence,... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can you be convicted of sexual assault of a child age 16 year teenager with no evidence
John Michael Frick
John Michael Frick
answered on Sep 8, 2023

No, it is impossible to be convicted with no evidence.

Usually, the prosecutor must call either the victim or a witness to the assault to provide evidence that an assault occurred and to identify the defendant as the perpetrator of the assault.

1 Answer | Asked in Criminal Law for Texas on
Q: Son charged with felony assault just because someone said you did it without even investigating

He having a mental break down he called me and all I could hear in background was him and guards yelling and he has not call me anymore

John Cucci Jr.
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answered on Sep 8, 2023

Sorry to hear about your son. He is entitled to a bond/bail. If you can show up for his bond hearing, that would help.

You need a lawyer ASAP, so you can try to get him home while his case is pending.

I hope this helps.

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Texas on
Q: During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence?

During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence and prove guilt of defendant; or, is the guilty plea enough to stand alone as evidence of guilt, even if the prosecution has a weak case?

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

In some cases—particularly serious felonies—the prosecution must produce evidence to corroborate the plea. This is designed to prevent someone from pleading guilty to a crime they did not commit in order to cover for a relative or friend. It is usually perfunctory.

1 Answer | Asked in Criminal Law for Texas on
Q: I was arrested and posted bond for a felony charge (assault with a deadly weapon) in error.

I was arrested for assault with a deadly weapon when the actual charge was supposed to be family violence. I don't know where the error occurred or who made the error but I posted bond and went to my first court date and the judge told me my actual charge was family violence. I paid the... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 3, 2023

Unfortunately you will not be able to get the difference (between what you probably should have paid and what you did pay for your bond) from the bonding company for the following reason. the bonding company had nothing to do with setting your bond at such a high amount because the company was not... View More

2 Answers | Asked in Criminal Law, Employment Law and Tax Law for Texas on
Q: How can I get all of my receipts for my 401k earnings, from the time I started a job in 2004 all the way threw 2021.

I worked for 6 months and got 10,000 in my 401k, I been there over 17 years I had only 60,000. How can I find my 401 k earnings from 2004-2015, because I believe my supervisor used my id to steal money from my 401k because they had access to my identity. No wonder they where trying to befriend me

James L. Arrasmith
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answered on Sep 14, 2023

To obtain your 401(k) earnings and account statements from 2004 to 2021, you should contact the administrator or the financial institution that manages your 401(k) plan. They should be able to provide you with the account statements and transaction history for that period. If you suspect any... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Can I seal, expunge, or appeal a guilty disposition for Failure to Appear in a traffic ticket?

I apparently plead guilty to a traffic ticket failure to appear and now it is making it difficult to find a job with a failure to appear on my record.

T. Augustus Claus
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answered on Aug 22, 2023

Addressing a guilty disposition for Failure to Appear (FTA) in a traffic ticket in Texas might involve exploring alternative approaches, as options like sealing, expunging, or appealing the disposition may be limited. Sealing or expunging records typically apply to cases that didn't result in... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Can I seal, expunge, or appeal a guilty disposition for Failure to Appear in a traffic ticket?

I apparently plead guilty to a traffic ticket failure to appear and now it is making it difficult to find a job with a failure to appear on my record.

Grant St Julian III
Grant St Julian III
answered on Aug 22, 2023

A motion for new trial to set aside a final judgement is POSSIBLE in any case, but the time limit to file such a motion is very limited. If more than 30 days have elapsed since your plea/judgment, the answer to your question is no, you cannot appeal.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Car title says my name and her name, no "and/or". Is it illegal for her to put a gps tracker in it without my consent?

We are still making payments on it, if that matters.

T. Augustus Claus
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answered on Aug 18, 2023

In Texas, the legality of placing a GPS tracker in a vehicle co-owned by both parties without consent can be complex and involves considerations of ownership, privacy, and consent. When a car title lists both names without "and/or," it typically signifies joint ownership, which might... View More

2 Answers | Asked in Criminal Law for Texas on
Q: If I'm a felon can I be in a car while my girlfriend possess a firearm tx
Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Aug 18, 2023

You cannot knowingly be in the presence of a gun as a convicted felon in Texas. If you are in a vehicle and the firearm is in vehicle and not on the person it could be considered constructive possession. Best not be be in a vehicle that you know has a gun in it.

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2 Answers | Asked in Criminal Law for Texas on
Q: If I'm a felon can I be in a car while my girlfriend possess a firearm tx
T. Augustus Claus
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answered on Aug 18, 2023

In Texas, if you have a felony conviction, federal law prohibits you from possessing firearms, ammunition, or certain weapons. This prohibition extends to both physical possession and constructive possession, which involves having control or access to a firearm. While your girlfriend may legally... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: How can I look up information on an appelate lawyer. I would like to know about her success rate

My loved one is incarcerated and we are looking at time reduction

John Michael Frick
John Michael Frick
answered on Aug 15, 2023

You can search for the particular attorney by name or by bar number either in legal databases like Westlaw or LEXIS or via the Texas Judicial Branch website: https://search.txcourts.gov/CaseSearch.aspx?coa=coa05&s=c

Other than murder cases, criminal cases are overwhelmingly affirmed on...
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1 Answer | Asked in Landlord - Tenant, Criminal Law and Civil Litigation for Texas on
Q: I was recently involved in an unlawful eviction & lost all my possessions during this. Who do I sue?

I was not a resident but was the one that they caught at home and made me leave with what I could carry and they threw out the rest. They wouldn't allow me to return to get my things. I have a lot of other details to include

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

There is a disconnect in your question. If you were not a resident, how were you evicted--lawfully or unlawfully. Why would you have more things in the premises than you could carry is you were not living there?

You may or may not have a valid claim, but ascertaining who may be legally...
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: My grand daughter's ex boyfriend and father of her little girl is stalking, harassing and threatening to kill her.

She has filled harassment charges with the town in which she lives to no avail. She can't afford an attorney. What can she do? This man is crazy and scary!

Elisa  Reiter
Elisa Reiter
answered on Aug 11, 2023

If your granddaughter is being stalked in Texas, there are several options available to you and to your family. Here are some steps that can be taken:

File a police report: If the granddaughter is being stalked, the family should contact the police immediately. The police can investigate...
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