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Texas Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Texas on
Q: Got arrested with a class a and b misdemeanor, it’s almost been two years. Is my case still open after two years ?
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 24, 2020

A misdemeanor does not automatically close at the two-year mark, but if the prosecution has not already filed formal charges by that point they will be barred from doing so by the statute of limitations.

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1 Answer | Asked in Criminal Law for Texas on
Q: I have a friend who was arrested after being pulled over. He had a back pack with a gun and drugs in it.

I signed an affidavit stating the gun was mine. If I sign an affidavit stating the drugs are mine will I be charged

Ty Czapla
Ty Czapla answered on Sep 23, 2020

Absolutely you could

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Texas can a 21 year old have sex with a 17 year old?
Ty Czapla
Ty Czapla answered on Sep 23, 2020

Yes. 17 is the age of consent.

1 Answer | Asked in Criminal Law for Texas on
Q: My question is can Texas denie part of a court order that was issued from another state and signed by Judge .

It was a order releasing me from lifetime supervision and Register 5 years ago and they still make me register by my Judge released me I was under new Jersey guide lines since I was interstate comp

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

This is not my focus area but I believe an out-of-state conviction or deferred adjudication can require registration if:

1. Registration is required by the other state; OR,

2. The elements of the offense are substantially similar to a Texas crime that would require registration....
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1 Answer | Asked in Criminal Law for Texas on
Q: I am a pro se defendant, in federal court on a 2254 habeas corpus, from a Texas court.

I believe I have a sure win, to overturn by conviction. Should I get an attorney, im afraid I wont be respected otherwise.

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

When an attorney is accused of a crime, she doesn't represent herself. That should tell you all you need to know.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can the cops question a 4 yearold about her mom getting hit
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 22, 2020

Yes, she can be interviewed about what she saw even if she is too young to testify in court. Talk to your criminal defense attorney.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have a warrant cops made me write a statement how do I recant?

Boyfriend and I had an argument it became physical and my friend called police they made me write a statement and say I wanted to press charges... He sees judge in morning I want to recant but how do I do this?

Grant St Julian III
Grant St Julian III answered on Sep 22, 2020

Contact the District Attorney's office in the county where the case in question is pending and ask about filing an affidavit of non-prosecution. Clearing your warrant before you meet with the DA would be a good idea as well. Good luck.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I recant a statement I felt I had to make against bf after argument got physical and friend called cops?

I have a warrant they didn't take me as long as I made a statement and said I would press charges now I regret it and want my bf home he has court in the morning and they filed a 30 day no contact order what do I do?

Grant St Julian III
Grant St Julian III answered on Sep 22, 2020

You may make any statement you desire; what the State does in response to any such statement is another matter. You cannot force dismissal of criminal charges or removal of a protective order. Talking with an attorney would help. Good luck

1 Answer | Asked in Copyright, Criminal Law, Collections and Entertainment / Sports for Texas on
Q: I want to know how long can a company hold something of yours before it's considered theft?

I landed a drone in nrg parking lot when they were closed. The drone messed up and did an emergency landing. They took my drone and told me they wanted to check the footage then they would return my drone the next day. The next day which was september 16 they kept give me the run around. I found... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 21, 2020

Unfortunately, it might not ever be released if it is evidence against you. You may have both civil and criminal liability for the use of the drone, and it is a more serious crime if the facility is classified as critical infrastructure. Your best bet is probably to convince Joe Walters that you... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can the cops question a four year old about assault on their mom
Grant St Julian III
Grant St Julian III answered on Sep 21, 2020

Police can ask anyone anything they want anytime anywhere. What can be done with the information and whether it will be admissible as evidence in any court proceeding is another issue. Talk with your attorney.

2 Answers | Asked in Criminal Law for Texas on
Q: class A misdemeanor for assault causes bodily injury family member. How do i get removed from my records

I was charged with a class A misdemeanor for assault causes bodily injury family member after a domestic dispute with my wife in which I reached for the remote from her and grabbed her arm to retrieve it after she would not give it back. She called the police and later called back to have the... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 20, 2020

The State can prosecute a person believed to have committed a crime even if the alleged victim tells them that he or she does not want the case prosecuted. You will likely need to have a lawyer to help you in this situation. If you are in our geographic area, we would be happy to help.... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: POSS OF DRUG PARAPHERNALIA but it was just CBD. I had only CBD hemp cigarettes in my car, with CBD wrappers.

POSS OF DRUG PARAPHERNALIA but it was just CBD

Hello all, I’ve been trying to find some answers but it’s been really difficult, I’m broke right now and can’t afford a lawyer, and this incident happened over a year ago but I’m just now getting information in the mail. I’m not... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 19, 2020

You can be charged based on the officer's belief but you can only be convicted if they can prove it beyond a reasonable doubt or if you give up and take a plea. Don't "no show" a court appearance because they will doom you faster than anything.

1 Answer | Asked in Criminal Law for Texas on
Q: What can my friend do after his tools were stolen with trailer but has no proof of ownership?

The dad i baby sit for got his work trailer with everyone he owns work wise in it stolen last week. Over 30gs of work tools. We all know who did it and the police have video that a neighbor recorded of it happening and so does the apartments. Clear as day you can see who it is. But the cops... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 18, 2020

He could talk to a supervisor or detective at the law enforcement agency and ask them to reconsider. He could also potentially hire a local attorney to file a civil lawsuit against the person who took the trailer.

Unless the trailer was homemade, it was probably registered and had a VIN...
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1 Answer | Asked in Criminal Law for Texas on
Q: How do I calculate how old my felony is? Is it from the time I was charged or when I completed parole?

I was sentenced 2007 to 9 yrs in prison and i was release Aug 2012 on parole and completed parole in Feb 2016 and I wanting to know how do I know how old my charges are. I am trying to apply for jobs and it says on that after 7yrs that you charge doesn't show up on a background check and I am... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 17, 2020

The case will ALWAYS show on a criminal background check unless you are pardoned by the Governor of Texas and then file for an expunction. There is a seven-year rule for negative information on a credit report. The confusion comes from the fact that some employers use the fact that a credit check... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: They had to use spikes to stop the vehicle and arrest her she has been in county lockup for 6 months now

Her prior was a state felony for controlled substance her parole is up January 2021. She has been in and out of jail for drugs for 8 years now

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 16, 2020

Prior state jail felonies won't be used for Repeat or Habitual status to increase punishment on an F3 or higher but they can be used that way to increased punishments of other state jail felonies.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: How I can get a lawyer who can assist me to reopen the case and help me to vacate my case ?

When the county charge , is was unlawful because , there is a lot wrong doing it had happened between me and my other attorney they didn't notice me and consequences of immigration but today they give a fibber to the court that they've been explained to me about immigration, now I am... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 16, 2020

I can't tell if you are asking about a case from Texas or Minnesota but I can tell you that Texas has a very short period after a case is resolved to start the appeals process so you should probably start calling attorneys who take criminal appeals ASAP. If it has been more than a month you... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What is the sentence for a third degree felony for evading arrest in a stolen vehicle while on parole and on drugs ?

She was drugged up and not in her right mind.

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 16, 2020

It sounds like she needs a good attorney and a lot of luck. Her parole could be revoked on the old charge and that could send her back to prison to finish her sentence on that old charge. Regarding the new charge, her sentence could be NOTHING if the prosecutor drops the case or can't prove... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I want to get my TWIC card but denied because of a charge of terristic threat a class b misdemeanor

I need it for work

Stephen A. Nicholas
Stephen A. Nicholas answered on Sep 15, 2020

This is not really a criminal law question as much as it is and administrative or employment law question; however, if the terroristic threats charge has not yet been resolved, then that would be the best place to start, since eliminating the case in a way that it could later be subject to... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Under what circumstances can a state charge of aggravated assault be raised to a federal charge

Was told if the statue of limitations have run out with no charges filed..(3 yrs in tx) that the prosecutor could end up trying to make it a federal charge since the statue of limitations has run out for a state charge.

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 14, 2020

You might not want to tell the prosecutors yet, but the limitations period on aggravated assault and aggravated perjury is only TWO years. See article 12.03(d) of the Texas Code of Criminal Procedure. I'm not aware of any federal assault statute, but they might have jurisdiction if the... Read more »

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