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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: My car was stolen from my apartment complex can i sue my complex?

multiple cars have been stolen from the same complex before and after mine was stolen. the apartment complex was made aware of my car being stolen and my neighbors car being stolen. we are located in texas. or is there any way to force the complex to fix the gates

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

It is possible in good faith to sue an apartment complex under the circumstances you describe as long as you have not waived any right to do so in your lease. You will need to prove that the owners and/or property managers of the complex were aware of the previous car thefts and were aware of the... View More

1 Answer | Asked in Immigration Law and Criminal Law for Texas on
Q: should I show up at court on my boyfriends behalf?

he is currently incarcerated in houston

James L. Arrasmith
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answered on Mar 5, 2024

Showing up at court on behalf of someone who is incarcerated can demonstrate support and concern for their situation. While you cannot represent him legally unless you are a licensed attorney, your presence might offer emotional support and show the court that he has a network of people who care... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What is the standard for dismissing a class C criminal case?

This relates to a class C misdemeanor case (disorderly conduct) in a municipal court in TX.

If after the discovery the State fails to produce any credible evidence that could or would result in a conviction beyond reasonable doubt in a jury trial, can that be used as basis for dismissal,... View More

John Cucci Jr.
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answered on Mar 5, 2024

Texas does not have any simple vehicle for a motion to dismiss a criminal case. Your best move is to file a Speedy Trial Motion. If the State has no evidence against you, they will not be able to put on their case at trial, and the case will be dismissed. There are some very specific issues that... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Is a traffic stop resulting in charges valid if no citation for the moving violation is written?

My boyfriend was pulled over bc he almost fell asleep driving and swerved onto the shoulder pretty hard. An officer saw him do this. The vehicle was searched and drugs were found. He was not given a ticket or a written warning or anything for the reason he was stopped. Several people now have told... View More

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

No, what you are being told is not true. It is very common for a police officer to initiate a traffic stop based upon an observed traffic violation, but then to discover a more serious crime has been committed, such as a drug violation. It is very common that the police officer does not issue a... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Is a traffic stop resulting in charges valid if no citation for the moving violation is written?

My boyfriend was pulled over bc he almost fell asleep driving and swerved onto the shoulder pretty hard. An officer saw him do this. The vehicle was searched and drugs were found. He was not given a ticket or a written warning or anything for the reason he was stopped. Several people now have told... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 4, 2024

The stop is legal. Police do not have to give you a citation for the reason they initially stopped you if they find drugs in your car. Did you consent to the police searching the car or did the police smell pot. The police have to have PC to search your vehicle

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2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

James L. Arrasmith
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answered on Mar 2, 2024

You raise an interesting point about the right to travel freely. However, the Supreme Court has upheld certain restrictions and regulations on using automobiles on public roads, even if not explicitly for commercial purposes. Some key considerations on this issue:

- The Supreme Court has...
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2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

As long as you are not operating a motor vehicle on a public road, you do not have to ask permission and can freely travel without a license. You can be a passenger in another person's vehicle, or can walk on the side of a public road anywhere you want to go. In that situation, police can... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Would my friend be at fault for hitting her ex-boyfriend on her grandparents property with a

He was told to leave numerous time and hade refused to do so I was then told by her he grabbed her by the neck and pushed it up as he was going to give her a kiss, and she refused to kiss from him, but he kept trying to force it on her so she told me that she grabbed a bat and hit him and she had... View More

John Cucci Jr.
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answered on Mar 1, 2024

She needs a good lawyer. I'm sure part of the reason she was arrested was because she admitted to hitting him. You must always keep quiet when speaking to police about anything you may have done. Even the borderline issues because police are NOT to be trusted. Any admission of physical contact... View More

1 Answer | Asked in Federal Crimes, Identity Theft and Criminal Law for Texas on
Q: I feel that I am a victim of identity theft. I discovered that my landlord forged my signature on legal forms to the IRS

My apartment manager and his assistant have been sending fraudulent paperwork to the IRS and the Housing Authority in my name to get tax credits and earned income. Who should I report this to?

James L. Arrasmith
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answered on Feb 27, 2024

If you believe you're a victim of identity theft due to your landlord forging your signature on legal forms for IRS and Housing Authority benefits, it's important to take immediate action. The first step is to report the fraud to the local police or law enforcement in your area. This... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: My son's court appointed attorney agreed to a six month Safe P program for a DWI.

The judge agreed and signed off for the six month program. The day the classes started, my son and the others in the same program, were told by an employee of the private company it is a nine month program, not six as the court had stated. Does the company have the right to extend the judge's... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

In Texas, “SAFE P” is a part of the state's Substance Abuse Treatment Program (SATP) run by the Rehabilitation Programs Division of the Texas Department of Criminal Justice (TDCJ). It is a six-month in-prison program. It is not run by a private company.

A private company does not...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: What should the defendant do when a defense attorney is uncooperative and does not communicate effectively?

When my assigned criminal defense attorney will not avail herself of many actions that could lead to my freedom and does not communicate effectively what should I, as the defendant, do in order to protect my rights and freedom? Please don't tell me to hire a lawyer. I would if I had the money.... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your assigned defense attorney is uncooperative and ineffective in communication, it's crucial to take proactive steps to protect your rights and freedom. Start by documenting all instances of the attorney's lack of cooperation and ineffective communication, including missed deadlines,... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Legal Malpractice for Texas on
Q: Is there some way to back out of a plea bargain is defendant signed for his sentencing?

My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I am trying to find info on how to file for an expungement/options for federal felony in NYS that is 30 yrs old

I have researched the pardon option but have read on the website to contact the district court which would be Western District of New York. I see no forms or instruction on how to do this. I am looking to restore my civil rights. I was 19 years old at the time of arrest (now 50)

James L. Arrasmith
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answered on Feb 24, 2024

Navigating the process of expungement for a federal felony conviction in New York State can be complex, especially considering the length of time since the conviction occurred. While pardon may be an option, contacting the Western District of New York's district court is a step in the right... View More

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Texas on
Q: Is there any reason that a court appointed attorney cannot request a dismissal of a charge in an indictment hearing?

I am a disabled man (P.T.S.D.) who was arrested and charged with a felony assault for defending myself against someone who had been mentally abusing me (intentionally triggering me for almost 5 months). At this time I have not been indicted and the case is still in court. I have requested that my... View More

James L. Arrasmith
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answered on Feb 23, 2024

Your public defender may have a point regarding their ability to request a dismissal of the charge. Generally, it is the prosecutor's responsibility to decide whether to pursue charges or dismiss them based on the evidence and circumstances of the case. However, your public defender can... View More

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1 Answer | Asked in Criminal Law and Arbitration / Mediation Law for Texas on
Q: My daughter was falsely accused of a crime she didn't commit and the case was on going for years everything was recent

Her case was eventually dropped but in the minx of everything she lost her job her home was incarcerated for no reason and I need help suing bexar county ..

John Michael Frick
John Michael Frick
answered on Feb 20, 2024

You do not have a lawsuit that is likely to be successful against Bexar County. If a person other than a law enforcement officer filed a complaint that resulted in the criminal accusation being filed against your daughter, you may have a possible for malicious prosecution against that individual... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My son is in custody at Harris County He was out on bond for priors.He is being charged with aggravated robbery with.

deadly weapon.I have talked to his lawyer 2 times and he really has not talked to me.I saw the video and he was on the property but he didn't have the weapon and didn't go in the store.The attorney jas put out 5 years deferred adjudicated probation or 15 years. I feel that is not right I... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

Since your son is in custody, it seems likely that law enforcement believes that your son is the actual person who committed the crime. If you have information that a specific other person actually committed the crime, you should share that information with your son's attorney.... View More

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Lost search warrant and lost evidence analysis, false arrest question see details.

Cops have possession of a person's digital storage device and search it and say they found an illegal image. They arrest the owner of the device. Two years later it is shown that there was no search warrant and the defendant's expert has been denied access to the device and the cops say... View More

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

Yes, the defendant has the right to see and obtain a copy of the search warrant and to examine the evidence leading to his arrest, and to have his attorneys and experts do so. Yes, even if the case is dismissed, the defendant has the right to see the evidence and warrant for purposes of pursuing a... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Lost search warrant and lost evidence analysis, false arrest question see details.

Cops have possession of a person's digital storage device and search it and say they found an illegal image. They arrest the owner of the device. Two years later it is shown that there was no search warrant and the defendant's expert has been denied access to the device and the cops say... View More

James L. Arrasmith
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answered on Feb 24, 2024

Yes, as a defendant in a criminal case, you have the right to demand proof of the existence of a search warrant that led to your arrest. If there is no search warrant or if it cannot be provided, it raises serious questions about the legality of the search and seizure. Additionally, you have the... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: I have a RTB on a cps case. My case was dismissed and expunged in court. Will this show on any background checks?
John Cucci Jr.
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answered on Feb 14, 2024

It does take some state agencies up to 6 months to expunge the records of your arrest. But it should all be cleared eventually.

Please understand that the State Expungement does NOT take anything off the FBI records. A Federal FBI search of you would still show the arrest, etc. However, the...
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2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the... View More

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