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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for Texas on
Q: How can I get a senting to jail over looked and dismissed ,

the state the probation and my lawyer all agreed on a second chance extend probation Ginsburg off my terms of probation and the judge said no to that and sentenced me to jail this is my first offense and I haven’t been in trouble the four yesrs following my arrest . When an mrt was issued I had... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2024

It's hard to know your status right now. Meaning that I do not know if you are on probation right now or if you are concerned with a new charge.

If you are on probation, and need to detox, or other kind of help, your lawyer can make a motion to alter or change the details of your...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: In order to be charged with resisting arrest, wouldn’t you need to be under arrested and not detained?

Basically you get pulled over, and refuse to exit the vehicle until they called a Sargent, get ripped out of the vehicle then let go with a traffic ticket. Then 2 weeks later get picked up on a warrant for resisting arrest? Is that possible?

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

The criminal offense includes more than simply an arrest. The statute reads:

"A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an...
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3 Answers | Asked in Criminal Law for Texas on
Q: My husband was arrested on pending felony charges 9/14 72 days in jail No charges have been filed

What is going on. Why has he not been to court, can they even keep him there. He has a valid visa but ice hold due to felonies never been in trouble ever

Michelle  Lugo
Michelle Lugo
answered on Nov 26, 2024

Depending on his charge, he can hire an immigration attorney to petition the immigration court for a bond so that he can be out during the pendency of his case. But the charge may have a lot to do with whether or not the federal courts will be willing to do that. In the interim, there is no point... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have evidence of coerced and falsified documents from a probation officer/judge and misconduct/bias/prejudice

Also a pretexual traffic stop/unlawful stop/premidated conspired set up.

What can I do about that?

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

You should tell your criminal defense attorney. Evidence obtained during your traffic stop could be excluded if you can show that the stop was unlawful and pretextual. But you need to raise this complaint properly in a pretrial motion or objection at the time of your trial, or you could waive... View More

2 Answers | Asked in Criminal Law for Texas on
Q: So the judge can set the amount of bail to what he wants. Is There's no legal limit??

Is there not a certain amount

Madolyn García Falone
Madolyn García Falone
answered on Nov 25, 2024

Bail is set using various guidelines, which vary a bit between jurisdictions. The bail amount has to be reasonable when considered in light of the severity of the crime, but bail will also be higher if the defendant has a substantial criminal history, especially one that includes bail jumping. Bail... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Texas on
Q: Can I call the cops on someone for throwing my things away from their house without letting me know? Is it theft?

My uncle had a room in his house that I was going to move into, but after I got my belongings in there he changed his mind but let me keep my things there for safe keeping and free storage. They moved to San Antonio and didn't tell me they discarded my things until after the fact.

John Michael Frick
John Michael Frick
answered on Nov 15, 2024

There are not enough facts to answer your question. It would be important to know whether there was any written agreement between you and your uncle. It would be important to know how long your things were at your uncle's house. It would be important to know how often you went to your... View More

2 Answers | Asked in Criminal Law and Identity Theft for Texas on
Q: is the police department trying to pull a fast one on me?

kinda a long story but the gist of it is i have an exgirlfriend that stole my credit card info and used it 4 months after we broke up for over $2,000 with 70+ transactions over the course of a single month.

the detective is telling me that because i gave her my card to get food at one point... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

It is not legal, but police may not make an arrest or submit criminal charges to the district attorney for prosecution. They most likely will consider it a civil matter.

You can timely challenge any charges she makes with your credit card company as fraudulent use of your credit card. You...
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2 Answers | Asked in Family Law and Criminal Law for Texas on
Q: If abuse causing bodily harm of family members charges are dropped will the accompanying protective order be erased

his wife made the accusation. Now he wants to file for divorce but he doesn’t want to do it with anything on his record

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

A protective order is a civil order, not a criminal one, and it isn't impacted by the underlying criminal charges being dropped. A protective order can be filed without any criminal charges being filed, or in conjunction, but they are completely separate. Both the husband and wife should... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: I received victim impact request from DA from a fight I had with my husband. Now he wants me to call DA?

I don’t feel like I am a victim I started the fight and ended up taking a shot at him b4 he left after hearing that our boss was on way and had called the cops. The paperwork the DA office mailed me said I had to take a free class if I wanted opportunity to not have my husband charged. So I... View More

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

You shouldn't feel pressured to call the DA, and you don't have the ultimate power to drop the charges anyway-- the DA does, and there's no guarantee that they will. It may be helpful to take the free class they're offering, but fundamentally it's your choice whether you... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Loaned gun refuses return

I loaned a ex's adult son a firearm for hunting. We are no longer together. He refuses to return the firearm or even talk about it. His mother refuses to ask him about it. I would like to press criminal theft charges on him and her as a accomplice. What steps do I take to file criminal charges.

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

Write a letter to the son specifically stating that you previously loaned him your [make model, caliber, and serial number] rifle; it was not a gift but a temporary loan for the purpose of hunting; now you want it back; and if he fails to return it by [date] or give you an explanation of what... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Myhusband's court records show he was discharged from parole supervision in May, 2023. he was arrested for a violation

He was arrested in September, 2024 for a parole violation. What does that mean? State of Texas. The charge was possession of hash

Kyle Watkins
PREMIUM
Kyle Watkins
answered on Nov 4, 2024

A person cannot violate the terms of a parole that he or she was not on. You should get a copy of those documents right away and send them to the attorney handling his case. If you do not have an attorney handling his case, my suggesting would be to find him an attorney and get this straightened... View More

1 Answer | Asked in Criminal Law for Texas on
Q: For Texas criminal defense. The clock starts from arrest. The state has 180 days to indict correct? Yes they can refile.

Yes they can refile the charges within the SOL, but they cannot proceed if the 180 days has been exceeded correct? Especially if it has been over 365 days.

Kyle Watkins
PREMIUM
Kyle Watkins
answered on Nov 4, 2024

No. From the date of arrest the State has 90 days to indict, and if the State fails to indict within 90 days the defendant, if in jail, is entitled to a bond he or she can make. ie: $10. If the State fails to indict the case within 180 days and the defendant has been in jail that entire time,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: What should he expect during his pretrial hearing?

I filed assault on my boyfriend. Then they enhanced it to aggri ated with deadly weapon. The next day I filed a affidavite of non prosecution with the DA. The state picked it up and a year later received letter that grand jury indicted him. He is now scheduled for pretrial. What should he expect?.

Madolyn García Falone
Madolyn García Falone
answered on Nov 4, 2024

He may be asked to enter a plea, or answer information pertaining to whether he's interested in making a plea deal. If he has a lawyer, his lawyer should handle all of that and guide him through it. If he doesn't, he sorely needs a lawyer. Aggravated Assault with a Deadly Weapon (in a... View More

2 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Texas on
Q: I've most likely been erroneously placed on a Terrorist Watchlist. How can I be removed and stop privacy violations?

I'm writing out of desperation. I've been stalked for years and have gone to authorities many times.

I'm experiencing Remote Neural Monitoring and what is referred to as V2K or Voice to Skull. In short, a government agency is reading my thoughts and torturing me twenty-four... View More

John Michael Frick
John Michael Frick
answered on Oct 24, 2024

You should contact the Principal Deputy Director of the TSC at the FBI for information about being removed from the US terrorist watch list.

As for remote neural monitoring and V2K, there is no government agency responsible. Experts pretty much agree that such technology does not yet...
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2 Answers | Asked in Criminal Law for Texas on
Q: Are you able to sue district attorneys for false charging?

I was fasley charged in Lubbock tx. The charge was dropped months later. During a hearing to proceed pro se in my case, a sitting district attorney stated that my case did not fit the criteria of the charge i was charged with

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Not typically. But if you can prove that the district attorney who filed the charges personally knew you prior to filing the charges and was acting out of personal animus against you, you may have a potential claim. For example, if you are dating the DA's ex-wife and he made up the charge... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My son and girlfriend got caught having consensual relations at school the mother filed charges for rape. What can I do

The school police officer reviewed the video and stated that it was consensual. Both children received the same punishment of 45 days at the LEO school. The girls mother filed a charge for rape.

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

It depends. The age of consent in Texas is 16. Sexual intercourse (and certain other sex acts) involving someone under the age of 16 is by definition non-consensual even if that person enthusiastically participates or initiated it. This is called statutory rape.

If there is an age gap no...
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1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: What do I do if I am being charged wrongfully because my step daughter has been manipulated by her mother to hating me?

I am being accused of being charged with a misdemeanor assault on family, my husbands 15 yr old daughter has been manipulated by her mother to hating me after 7 yrs of being with her father now that she is older according to her mother she has a mind of her own and attacked me at a restaurant in... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

Wow! That is a terrible situation.

The most important thing you can do is to NOT talk to anyone about your case anymore. Save it for your lawyer.

I would like to see the video to give you a solid answer about your case. If there are others who took video of the event and your...
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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can I request a new court appointed attorney if the one boyfriend has is negative and unwilling to fight for him

The attorney he has stays negative and is refusing to argue certain facts in his case she was going to file a motion to suppress but now says she will not cause her argument contradicts the law and has threaten if he goes to trial they will maximize his sentencing is that legal

John Michael Frick
John Michael Frick
answered on Oct 10, 2024

No, you cannot request another attorney for your boyfriend. Only your boyfriend can do that. In most cases, if the attorney is court-appointed, the court will deny such a request based on the description set forth in your question. However, he may gain some traction with the argument that his... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: I received a Deferred Adjudication Proforma for a class c misdemeanor (assault/no fv). What does this mean? Conviction?
Madolyn García Falone
Madolyn García Falone
answered on Oct 7, 2024

Deferred adjudication, pro forma, generally means that the court just wants you to keep out of trouble and then they won't move forward with a conviction in your case. That said, you ought to contact the court and figure out the specific parameters you need to abide by-- how long is the period... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Deferred Adjudication judgment states under special findings “No Affirmative Family Violence”. What this means?
Madolyn García Falone
Madolyn García Falone
answered on Oct 7, 2024

This means that the judge in your case determined that there was no family/"domestic" violence as an element of your case. That's a very important and beneficial thing, because finding of family violence present obstacles to getting charges expunged/non-disclosed, they create issues... View More

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