Lawyers, Answer Questions  & Get Points Log In
Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: A girl lied about her age on Okcupid, saying she was 27 when she really was 16.

When she told me her real age, I ended all contact with her. Can I still be charged with a crime?

Herman Martinez
Herman Martinez answered on Jan 27, 2020

I am assuming the two of you engaged in some type of sexual relationship. Unfortunately, as the law stands today the answer is yes. Despite her deception she is unable to consent to the sexual intimacy with you because of the age difference. You should contact a lawyer asap to help you moving... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: when is to much drug testing to much.. misdemeanor dwi, 11 months on never failed ua or breathalyzer. 3 times this month

i have been on probation for 11 months and on a call in system every single day since i started.. Never failed my in car breathalyzer, UA or alcohol test... have been getting tested AT LEAST once a month, the last three months have been twice.. In January I will be going for my third random test..... Read more »

Herman Martinez
Herman Martinez answered on Jan 27, 2020

Your lawyer can always request the court to stop the drug testing based on the length of time you have been “clean.”

2 Answers | Asked in Civil Litigation and Criminal Law for Texas on
Q: old boss claims I stole equipment given to perform jobs , was fired and not asked about items for 6 months latertheft?

When he finally did ask for these tools I not only never said no or kept them from him but when schedules were both so busy and he couldn’t make it out to get I offered cash and he refused . Well I got arrested for having a warrant for this..now I have court. How is this theft? I didn’t take... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 26, 2020

If you don't want to spend the rest of your life as a convicted thief, hire a criminal defense attorney who understands the theft laws and who is willing to fight for her clients. Don't hire one who resolves as many cases as quickly and cheaply as possible.

Theft requires the specific...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: So if you were on deferred adjufication in 2001 for a aggravated assult with a deadly weapon and completed it .

now in Texas in 2020 can you get a license to carry or does that bar you. I know if it was for some feloneys you can wait the 10 year period but is this even though it was deferred a direct bar !

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 25, 2020

Deferred adjudication counts as a conviction for the purposes of the Texas License to Carry. However, after 10 years, all misdemeanor deferred adjudications (and some felony deferred adjudications) are no longer considered convictions. Unfortunately for you, Aggravated Assault is a felony that... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What if I had a court date of a pending charge and they never rescheduled me a new court date and it's been 6months now

never got appointed an attorney I never received a new court date

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 25, 2020

Unfortunately, it is possible that didn't get the message and missed your court date. If that happened there may be an active warrant for your arrest. You should probably hire an attorney to get this sorted out. If you can't do that, you can at least examine the public court records of your case... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Who can we talk to for help on being wrongly accused when we are poor
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 25, 2020

You should consider liquidating assets if you are facing a felony charge because you don't need a house or car if you are in prison. If you have no money and no assets then ask the judge of the court where the charges are pending to appoint a criminal defense attorney. This will probably require... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is it legal for the district attorneys office to pin charges no matter what just to get that person in jail

Also is it legal for them to wrongfully accuse, issue warrant without even question the suspect

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 25, 2020

Most arrest warrants are sought by law enforcement rather than the office of the district attorney. In either case, it is a judge that actually signs the warrant, and that only happens after the judge determines that probable cause exists to believe the accused committed a crime. Probable cause... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: So if you were out on deferred adjufication in 2001 for a aggravated assult with a deadly weapon and completed it . now
Grant St Julian III
Grant St Julian III answered on Jan 24, 2020

I'm not sure of your exact question. How long was the probation term? Did you successfully complete the probation; if so, what date was the case dismissed? Talk with your attorney.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: Can I refuse a search of my backpack if someone calls the police on me because they thought I was suspicious?

I was walking with a friend late at night and someone saw me and him and called the cops and they stopped me and questioned me about my bag and wanted to search it and it was 1 am and I told them no and they said usually people let us look if they aren’t hiding something but I wasn’t but I just... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 24, 2020

You have the right to refuse a request to search anytime, anywhere. After any such refusal, law enforcement would have to make the determination if circumstances justified a warrant less search, or if enough evidence existed to obtain a warrant for said search.

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: My mom is in jail for failure to stop at red light but also has a theft by check over 500 under 1500 bck in 07

I called they told me it was an active warrant but it's from 2007 12 years ago what can I do no bond on the theft of check from 07

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 23, 2020

You should immediately post her bond and get her out of there. Some attorneys, like our firm, post attorney bonds to better serve our clients. Once your mom is out your attorney can begin working on getting your mother's case dismissed. Good luck. This is a scary problem but fixable in the hands of... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: Dmv employee outloud said I must be on drugs because I was upset because I was given false information others heard

Is this slander case

Grant St Julian III
Grant St Julian III answered on Jan 23, 2020

No. Bad form, yes but actionable slander, no.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I recently received a letter concerning basically not reporting to my PO. I contacted my pre trial PO today.

She told me that I was supposed to have called her November the 17th. Of 2019. I did but had to leave a message. I then called her in December and had to leave a message. Will my bond be revoked? I'm scared. This is my first time having a court date to explain as to why I didn't report. My bail... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 23, 2020

Get your criminal defense attorney involved to advocate on your behalf.

1 Answer | Asked in Criminal Law for Texas on
Q: Can someone who has a warrant in another state for a misdemenor get arrested for that warrant in another state?
Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 23, 2020

The answer is yes. Once you have a warrant for your arrest any police officer who contacts you and is aware of the warrant can arrest you. However, the State that issued the warrant would have to extradite you (pay to have you brought to its jurisdiction). Sometimes, the State will put in its... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: What is the best mental health defense? I am being charged with arson. I was suicidal and tried to kill myself.

The act was committed entirely because of my mental illness. I was experiencing severe psychosis and depression upon auditory hallucinations. If I was not sick I wouldn't have done it.

Grant St Julian III
Grant St Julian III answered on Jan 23, 2020

Mental Health "defenses" must be established by medical professionals. Talk with your attorney about a psychological exam. Good luck.

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Is there a way a lawyer can recall a warrant ? What would be the steps ... maybe fees even ? How much

I have a failure to appear and i wanted to reschedule court date so that in the mean while i won’t be arrested is that possible to do

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 23, 2020

You need to call the lawyer so the lawyer can look into this and give you specific advice tailored to your situation and the county with the warrant. Some warrants can be recalled and others can't. It depends on the judge and the specific situation. Good luck and schedule an appointment with an... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Juvenile Law for Texas on
Q: can this document be copied and edited to accuse someone of choice no defendant mentioned

I feel during this time here in San Antonio alot of he did it she did it Crazy what money does to a state written by Felica marie gallegos from fresno ca lives in san antonio texas

Grant St Julian III
Grant St Julian III answered on Jan 23, 2020

I am not sure of your exact question, or the situation you describe. Sit down with a local attorney. Good luck.

2 Answers | Asked in Criminal Law for Texas on
Q: My daughter went to court today at the justice of peace County Court and a prosecuting attorney didn't have no evidence

On a citation that she received and the prosecuting attorney for the county move the court date later so he could gather evidence but we went to court today to settle the citation

Grant St Julian III
Grant St Julian III answered on Jan 23, 2020

I am not sure of your question. Was the court setting a trial or pretrial? Calling an attorney might help. Good luck.

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: If I have a warrant in the next County where I live. For a failure to appear . My question is can i renew ID Card

Can I renew my ID without going to jail, I don’t have a driver’s license

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 22, 2020

If you have a warrant for your arrest you will be arrested the next time you come in contact with a police officer. Warrants, especially for misdemeanor cases, are extremely easy to resolve. Hire a lawyer and follow their advice. However, if you go renew your ID you will very likely be arrested by... Read more »

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for Texas on
Q: How does a non-profit change leadership and what happens to the EIN when a new owner comes and the old leaves?

I am the founder of a Texas non-profit corporation (Corporated in the State of Texas) and also Chairman/CEO. I applied for the EIN being used under my own info (Name, SSN) on the IRS site. I’m stepping down completely from operations due to conflict of interest with the board and need help in how... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Non-profits don't have owners. They a board of directors and officers. When you applied for the EIN you listed yourself as a responsible party that can be changed by filing a form 8822-B or by filing Form 990.

You can't establish a non-profit under your SSN so you may have an unqualified...
Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: what does it mean to be a “suspect” in a family violence case?

My husband and I are going through a horrible time. He has been cheating and is violent to me. I have begged him to leave and he wouldn’t. The other day I told him I wanted a divorce and he grabbed my wrists so tight and wouldn’t let go. He was hurting me. I bit him to try to get away. He... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

The responding officer will write up his incident report and turn it over to a detective who will decide whether or not to pursue a criminal case.

Based on your description of the incident, your husband committed assault against you by grabbing your wrists and your biting was lawful to...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.