Get free answers to your Criminal Law legal questions from lawyers in your area.
I'm facing an arraignment on 4/25 in Wise County, TX, for possession of a controlled substance involving a vape pen. I haven't contacted a lawyer yet, and I'm concerned about what plea to enter since I'm without legal representation. I have no previous legal issues.
answered on Apr 24, 2025
You should be trying to speak to a lawyer so you can show up with him or her at your arraignment. This way you will be able to have a professional who is familiar with the law as well as the facts of your particular case. A good lawyer can explain what's going on and what and when your next... View More 
I was arrested by Texas DPS on July 5, 2021, for failure to register annually, though I had registered over the phone with the Willacy County Sheriff's Office. Despite this, they claimed no record of my registration. During my two and a half years of incarceration, without due process or bond... View More
answered on Apr 21, 2025
You need to hire an attorney like F. Lee Merritt who has a lot of experience in civil rights cases against law enforcement. Most attorneys do not handle this type of case due to the very low probability of success and the limited damages available.
You may have a claim for compensation... View More
I borrowed $1100 in December 2024 under a verbal agreement that I had 6 months to repay the money, during which my car couldn't be taken. Despite this, the lender impersonated a hotel manager to have my car towed away prematurely on April 12, 2025, only 4 months into the agreement. I called... View More
answered on Apr 15, 2025
In the absence of a recorded lien against the motor vehicle as collateral securing repayment of the loan, the lender violated Texas law by taking possession of your motor vehicle. You should report the taking of your car to local police.
You also can file a lawsuit under the Texas Theft... View More
I am seeking legal advice after my house was raided by police who had a warrant. The incident began when my wife had a seizure at a store, and police were called. I was not present during this medical emergency. They found paraphernalia in our car, but neither my wife nor I were charged at that... View More
answered on Apr 11, 2025
I would challenge that warrant. I believe that the paraphernalia in your car is way too tenuous, to get a good warrant. If you were charged, you have the right to get a copy of the affidavit that was the basis for the warrant.
I can not believe you can't find a lawyer to go after that... View More
I was arrested in Texas on April 25, 2024, for my third DWI. It has been over a year, but I have not been indicted yet. I haven't had any court hearings or communication regarding this matter, and I haven't contacted my lawyer about the delay in the indictment. What should I do about this situation?
answered on Apr 11, 2025
If you have a lawyer who was hired on this new DWI, you should definitely contact that person.
For the most part, the State has 180 days to indict you, after they arrest you on a felony. There are many ways that can be extended by the state. Thus, it is not over yet.
The best... View More
I completed deferred adjudication for aggravated assault on March 7, 2025, in Texas. There were no conditions attached, and I have not had any other legal issues or charges since then. Can I purchase a firearm in Texas now?
answered on Apr 11, 2025
The short answer is yes. But, You will have to get your original case and arrest expunged from the court records. When your deferred adjudication was successfully completed, the judge dismissed the felony charges against you. If so, then you can have that case and the underlying arrest taken off... View More
While at a motel where someone overdosed, I performed CPR until the police arrived. I picked up a small baggie with white powder out of fear of being charged, but stayed to help. Police arrested me for class C warrants, leaving me in the rain. Later, at the station, they found the baggie, now wet,... View More
answered on Apr 10, 2025
You are in a tight spot!
If you have no criminal record, and you can prove that you did attempt to save the other person's life, you may have a good chance at winning a jury trial.
If you have drug convictions on your record, you are going to be fighting uphill.
Ask if... View More
I am seeking to vacate my conviction and withdraw my guilty plea entered on June 14, 2024, due to newly discovered evidence. A dash cam video proves that the officer fabricated the traffic violation for which I was pulled over, and no laws were broken. Additionally, a warning citation issued at... View More
answered on Apr 8, 2025
You have a lot going on here. There are two different avenues for you to overturn your conviction. You didn't say what your exact conviction was, but I will assume it was for a Felony in Texas.
Avenue 1: Dash Cam: New Evidence can be used after the Statute of Limitations, if it... View More
I'm trying to find out who my girlfriend's friend's lawyer is, as he has been incarcerated for over 30 days without being informed. He is involved in a criminal case. Despite several attempts by different people, including calls to the jail, no one has been able to get this... View More
answered on Apr 9, 2025
The jail staff probably does not know who the friend's lawyer is. In most cases, only the friend would know because the friend is the person who hired the lawyer.
If the friend has not hired a lawyer, you need to ask the friend whether he completed a form proving that he is indigent... View More
I was involved in a high-speed police chase in September 2023 that started in Trinity County, Texas. During the chase, my vehicle was T-boned by a police officer's vehicle at an intersection, causing my car to crash into oncoming traffic. I managed to maneuver back into the correct lane, but... View More
answered on Apr 3, 2025
There is an entire body of case law concerning civil liability for motor vehicle collisions occurring during a police chase. There is no question that you will be legally responsible in full or in part for your own injuries and damages. It is, however, possible that police could also be legally... View More
I have two cars in my name, and I regularly allow my adult son to drive one of them. We live together, and there is documentation regarding his use of the car. Today, we had a disagreement, and I told him not to leave in the car, but he did anyway. Given the circumstances, if I report the car... View More
answered on Apr 2, 2025
A Texas attorney could advise best, but your question remains open for two weeks. I could only speak for the aspects of the question under your "Personal Injury/Car Accidents" headings. It doesn't sound like a matter that an insurance company would take seriously in terms of a... View More
My mother's parole officer keeps failing her on drug tests, claiming she tests positive for substances such as meth and fentanyl, even though she only uses THC-free CBD products. My fiancée, who is knowledgeable about these products, confirmed they might contain trace THC. Despite reaching... View More
answered on Apr 1, 2025
Some drug testing can be wrong or inaccurate. But positive for Meth and Fentanyl due to marijuana use is a LOW likelihood. I hate to say it, but mom may be lying to you. We all want to see the best in our loved ones, but what you are telling me is hard to believe on a repeated basis. Some... View More
I am the successor durable power of attorney (SDPOA) for my grandmother. The previous SDPOA, her daughter, misapplied $48,000 from my grandmother's bank account and refused to provide an account of her actions despite multiple verbal and written requests. Adult Protective Services validated... View More
answered on Mar 31, 2025
Because you are filing suit as a fiduciary for your grandmother, you must hire an attorney under Texas law.
Unless a fiduciary is also a licensed attorney, filing a lawsuit pro se as a fiduciary constitutes the unauthorized practice of law and will not be allowed by the court.
A... View More
A friend of mine, whom I trusted, stole my motorcycle while I was sleeping. I have video evidence of the incident. I have not yet reported it to the police. What steps should I take to recover my motorcycle and address this legally?
answered on Mar 19, 2025
You need to notify law enforcement as soon as possible, give the investigating officers the videotape, and file a police report. It is likely your friend will claim to have had your permission to use your motorcycle. So be very clear and very consistent with police that you never gave your friend... View More
I have a failure to appear warrant from New York related to an assault accusation, which arose from a self-defense situation. The warrant showed up during a background check. I am currently in Texas and have had no contact with any legal representation or officials in New York. Can I resolve this... View More
answered on Mar 18, 2025
You need to hire a criminal defense lawyer in New York in or near the county from where the warrant was issued. Depending upon the nature of the charges and the status of the warrant, you may or may not be able to handle the warrant from Texas. That lawyer will probably need to do a little... View More
I've been charged with possession of over 400 grams of drugs found in a truck that wasn't mine. The owner of the truck promised to take responsibility for the drugs, which belong to him, but he hasn't come forward, and now all three of us are charged. I've spent $10k on bond and... View More
answered on Mar 18, 2025
You should contact your lawyer's office to schedule a time to review the discovery and to discuss your case in greater depth with your lawyer. You should send your lawyer's office complete contact information for your witness including the witness's physical residence address, work... View More
I was placed on a three-year probation in 2019 for intent to distribute and possession of marijuana. I left the country in May 2022 to get clean, while still on probation. I'm not aware of any legal proceedings or actions taken since I left. Can I return to the U.S.?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2025
You likely have a motion to revoke pending and a warrant. Assuming this is Texas, if the State proceeds on the motion to revoke and the judge grants the motion, you will not be able to be extended, and the judge can only deny the State's motion or to sentence you to at least the minimum range... View More
I was arrested for aggravated sexual assault based on accusations from someone unknown to me. I have had no previous interactions with law enforcement related to this crime. Currently, I am in county jail with a very high bond, and I have been told I can't get legal representation. What should... View More
answered on Mar 12, 2025
You have a right to legal representation, though you may not qualify for a court-appointed attorney/public defender. In that case, you will need to hire a private criminal defense attorney. Obviously, a charge of aggravated sexual assault is extremely serious and carries the penalty of decades in... View More
I moved in with three friends as roommates, and we all contributed equally to the down payment and first month's rent. However, due to my record, they asked me not to be on the lease to avoid issues in obtaining the house. After four months, my roommates decided to change the rent due date and... View More
answered on Mar 12, 2025
No it is not legal and may constitute theft although I doubt police will be much help or that criminal charges will be filed.
You can probably sue your roommates for the fair market value of the items they took. If you did not ultimately pay your share of the rent owed on the date you... View More
I need help understanding how charges of terroristic threats against my husband can be dropped. He has severe medical issues affecting his mental state. He was admitted to UTMB with septic emboli and other complications. He left the hospital while paranoid and irrational, and after being found in a... View More
answered on Mar 10, 2025
Your husband is facing current legal issues regarding the terroristic threat-- it sounds like charges have been filed against him and a warrant has issued for his arrest. Those legal issues need to be handled by a criminal defense attorney because there are overwhelming credibility concerns at play... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
