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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: How should I let the judge know before my next hearing that my assigned lawyer is uncommunicative and incompetent?

I have a lawyer who is extremely uncommunicative. There was a change in my assigned attorney last year in August and I, the defendant , was not notified by anyone. I found it out by accident in Jan. of this year and emailed my new attorney. That was five months I, effectively, had no... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 24, 2022

Court-appointed attorneys are overworked and underpaid just about everywhere. Your best bet overall is probably to hire a local criminal defense attorney who DOESN'T accept court appointments. However, not everyone thinks they can afford that... but can they afford prison?

Anyway,...
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1 Answer | Asked in Criminal Law for Texas on
Q: Sorry the drugs where in car. I was passenger and then he had the drugs on him not me I didn’t have anything on me at al

So when he arrested us I had nothing on me abs scale was his car under my seat. How can I get charge for meth when he had it on him not me

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 24, 2022

You can get CHARGED with assaulting the Tooth Fairy if an officer believes you did it. The fact that the Tooth Fairy isn't actually real is a great defense at trial, if a case like that actually got that far, but that won't prevent an arrest if the officer is convinced he has probable... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I was with a friend and we got pulled over. There was a scale under my seat and we both said wasn’t ours well before

Leaving cop ask if anyone had drugs the guy I was with had meth. On way to jail he turn around a realize is and said would get a letter to let us know when to go to court. I didn’t get a letter so was 2years ago when that happens. 7 months ago I flip a truck and cop didn’t say had warrant. Well... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 24, 2022

The first thing your attorney will probably try to figure out is whether the officer had reasonable suspicion to stop and search in the first place, because if there wasn't a good reason to pull you over, or there wasn't a good reason for the traffic stop to turn into a drug... Read more »

1 Answer | Asked in Civil Rights, Domestic Violence and Criminal Law for Texas on
Q: I have a warrant but would like to report domestic battery and harassment in Texas… can I report to police?

I have a warrant from not finishing probation a few years ago. I was convicted if trespassing. Just recently I’ve been abused my my ex physically and he’s currently stalking as well as harassing me on my new phone number. Is there anyway I can report to the cops and get my warrant cleared? I... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 23, 2022

You can make a police report but the police may arrest you because you have a open warrant

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Municipal Law for Texas on
Q: If you find out that you purchase stolen goods that the seller paid for a service to have done what is your rights?

I have recently come to the suspicion that I may have purchased stolen goods on Facebook marketplace through a person I know and have their ID information and where they live.

I didn't inquire about the acquisition of the property until after the purchase was made. I don't want to... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 23, 2022

Make a police report and surrender the stolen goods

2 Answers | Asked in Criminal Law, Municipal Law and Small Claims for Texas on
Q: What kind of crime is it when someone fails to deliver the agreed paid goods and are holding them hostage?

The question above is relating to two people, one is the seller withholding information and the items purchased and the other is the buyer being lied to and cohearce into helping the seller to pay for their bills and will not deliver the paid goods unless paid otherwise. Is this extorsion, can you... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 23, 2022

Law enforcement might refuse to get involved because it is NOT a crime unless there is reason to believe that the seller already had the INTENT to keep the money without delivering the goods AT THE MOMENT the money changed hands. Basically, a scam.

On the other hand, if the seller did...
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2 Answers | Asked in Criminal Law, Municipal Law and Small Claims for Texas on
Q: What kind of crime is it when someone fails to deliver the agreed paid goods and are holding them hostage?

The question above is relating to two people, one is the seller withholding information and the items purchased and the other is the buyer being lied to and cohearce into helping the seller to pay for their bills and will not deliver the paid goods unless paid otherwise. Is this extorsion, can you... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 23, 2022

If goods are paid for and not delivered it is theft. Make a police report.

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1 Answer | Asked in Criminal Law for Texas on
Q: What will most likely happen at my son's prertrial and are what are his chances of not serving time.

Two years ago my son was arrested and charged with 4 class A felony drug charges(f First time offender). His lawyer had his case and charges dismissed and placed him in a Diversion course. His record would be clean as long as he met the requirements of the course. Well, last week he was... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 22, 2022

Is this in Texas? The reason I ask is that in Texas, the levels of misdemeanors from most severe to least are: Class A, Class B, then Class C. The levels of felonies from most severe to least are: Capital, 1st Degree, 2nd Degree, 3rd Degree, State Jail Felony.

Assuming we are talking...
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2 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Verbal assault legal at rocketfast car wash by there employees
Kiele Linroth Pace
Kiele Linroth Pace
answered on May 19, 2022

Maybe. It depends on the circumstances not as they actually were, but as reasonably understood at the time by the person who made the threat. Generally speaking, a threat of violence is legal in situations where the actual use of violence would be legal. Some common examples are in self-defense,... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Does time spent in county between sentencing and transfer to tdcj count towards 6 months sentence to safep in Texas

It’s been a month since sentencing. Still in county. Sentence is 6 mos in a SafeP facility.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 16, 2022

No your time in SAFE counts when you get there

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: I was charged, but no conviction, of a class A in 2017. Then, this year, I found out discrepancies. can I appeal?

I got a hold, via a court FOIA request, of my 2016 arrest records. When I got indicted and charged, I kept getting told that my charge could not get entirely dismissed because the "witness statements" said something that was too "serious" to get my much more concrete piece of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 13, 2022

The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My husband has 3 charged felon poss firearm,poss less then a g,and assault fam violence w/prev conv but have statements

The assault was on myself but filed affidavit of non prosacution the gun charge the lady said she sent a affidavit as well

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 13, 2022

I'm not clear about your question. If you are asking about the affidavits then be aware that they give a prosecutor cover if they otherwise WANT to dismiss the case but they can just ignore them if they want to seek a conviction. In other words, an affidavit of nonprosecution can be an... Read more »

1 Answer | Asked in Criminal Law, Libel & Slander and White Collar Crime for Texas on
Q: What can you do if a prosecutor lies to a judge about you?

Prosecutor has lied several times but criminal attorney said it doesn't have anything to do with statue you were charged with. What can or should you do?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 12, 2022

"Never interrupt your enemy when he is making a mistake." - Napoleon Bonaparte

Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant.

1 Answer | Asked in Criminal Law for Texas on
Q: How long is a criminal trespass good for in Texas?

my ex husband had a criminal trespass put on me back in 2016. Not long after that him and i both together went to the local pd requesting it be removed. Ive lived at the property on and off since then. All my mail, bank accounts, irs account even the sheriffs dept has the address as my residence.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 12, 2022

All law enforcement needs for an arrest is "probable cause" to believe you committed a crime. However, in order to win a conviction against you, they'll either need you to enter a plea (like guilty or no contest) or they'll need to prove each and every element of the offense... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If there is no bond amount. How do we get a new one set? Bondsman paid in full, went off bond but didnt revoke.

Was arrested after out on bond for 2 years. Bondsman was paid in full 10k and "heard" inmate had charges for evading. But there are no evading charges. Bondsman went off of bond, but did not revoke. He now has no bail amount set and we are trying to get an amount. The bondsman will not... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 12, 2022

Contact his criminal defense attorney.

1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Legal Malpractice for Texas on
Q: Denied consent to search, waited 2 hours for k9, bogus reason for stop and bogus probable cause, illegal s and s

Stopped because claimed couldn’t read my license plate. Small town, same officer, seen me several previous times and had followed me 20 minutes before he seen me again to pull me over. I asked what his probable cause was and he said I looked nervous. All I was doing was putting gas in my... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 11, 2022

Your attorney may attempt to get copies of all data and voice recordings sent to that patrol car on that particular day in hopes of discovering whether or not the officer attempted to run your plates.

1 Answer | Asked in Criminal Law for Texas on
Q: Does a judge have any obligation to inform you at sentencing that he/she has decided not to grant deferred adjudication?

If a judge, the ADA, and the defendants attorney all agree to deferred adjudication at pre trial hearing and the judge explains the process to the defendant (including the fact that a plea of guilty has to be entered in order to be granted deferred adjudication and then asks for the defendant to... Read more »

Lucio Antonio Montes
Lucio Antonio Montes
answered on May 11, 2022

If the person entered a plea without an agreed recommendation, then the person opens himself up for the full range of punishment. The decision rest solely on the judge. I am guessing that is what happened in this case. However, if the plea papers indicated an agreement with the prosecutor, then the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I am a cuban. I was paroled upon entering the USA. My paroled expires before I am eligible to apply for I-485.

My paroled will expired before I am eligible to apply for i-485 (The Cuban Adjustment Act of 1966 (CAA))

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 10, 2022

To get the best answer, you should probably re-post this question with the topic tagged as Immigration instead of criminal law.

1 Answer | Asked in Criminal Law for Texas on
Q: What law could allow a 1st degree murder charge drop to a 2nd degree due to lack of malicious intent to murder?

Im just trying to figure out the correct terminology for it if any.

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 10, 2022

Intent to cause harm or commit a felony is pretty much baked into the definition of murder so perhaps you were thinking about the lower-intent offenses of Manslaughter or Criminally Negligent Homicide. The only way to get Murder down to an F2 is "sudden passion" which is an affirmative... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can I back out from a trial jury and decide to take a plea instead?

I went to court and was offering on the spot a plea to turn my felony to a misdemeanor or option to set my case for trial. I do not want to take my case to trial , My lawyer said we were going to set it to trial to buy more time, but that we were not going to take my case to trial my question is... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

I kinda doubt your lawyer would have set the case for trial if she believed that the Assistant DA would respond by taking the offer off the table. In most cases, both sides would prefer to reach a negotiated settlement to a trial and seeing that date creep closer on the calendar has a way of... Read more »

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