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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: If my old lawyer dropped my case after being my lawyer for over 6 months because she got a job working for the da.

Is it legal or allowed for my lawyer who knows all my facts about my case to withdraw from representing me to go work for the DA?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Feb 2, 2023

Yes, she can go work as a ADA but she cant be involved in your case,

1 Answer | Asked in Criminal Law for Texas on
Q: Should I submit toxicology rpt to detective? 911 arrived my home b/c injury due to using drugs, found them, not charged.

I self inflicted serious injuries after consuming "shrooms", was transported and received medical treatment. A portion of unconsumed drug was volunteered by my friend at the incident. The detective interviewed my friend. Detective was ambiguous about any charges. I got a text asking for... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

First, law enforcement officials are allowed to lie during their investigation.

Second, a detective does not have the authority to decide whether to file charges or not. That authority rests with the district attorney.

Third, the golden rule when you may be accused of a crime is do...
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2 Answers | Asked in Criminal Law, Constitutional Law and Probate for Texas on
Q: Technically, does the prosecution still need to prove guilt if a person takes a plea?

If a plea deal is entered to by a defending party for whatever reason, even though the person may be innocent, does the prosecution still need to prove guilt or does an admission automatically situates his/her guilt?

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

In most cases, an admission of guilt is sufficient. In some cases, corroborating evidence is necessary.

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1 Answer | Asked in Criminal Law for Texas on
Q: Will i be arrested if i turn in a fugitive that has been living with me, state of TX. I have no criminal background.
Bradlee Hines Thornton
Bradlee Hines Thornton
answered on Feb 1, 2023

It's impossible to promise you will not be arrested but here is what the law says.

Sec. 38.05 of the Texas Penal code makes it a crime to harbor a fugitive IF you have the intent to hinder the arrest of another under the authority of a warrant or capias.

If you call the...
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1 Answer | Asked in Child Custody and Criminal Law for Texas on
Q: I am pregnant by a man who has a felony warrant. This happened in Texas. Is it true my child can be taken by cps?

We are in Texas, I am pregnant by someone who has a bench warrant/ felony. He received it for theft, after his third theft and continuous violation of probation they finally gave him a felony. In his past he has family violence misdemeanor (fighting w his brother). I was recently told that if I... Read more »

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

Yes, if you are arrested for harboring a fugitive, CPS will likely take temporary possession of your child until he/she can be placed with a relative or foster family as long as you are in jail.

1 Answer | Asked in Criminal Law for Texas on
Q: Is there a law against Tampering with or disabling security or surveillance camera or security system in texas
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 31, 2023

Yes, make a police report and see if the district attorney will accept charges ,

1 Answer | Asked in Criminal Law for Texas on
Q: What does. “Motion and Order to Withdraw MTR/MTA” Mean on a court update?

I was a 18 year old kid who got a misdemeanor charge and got probation and ended up moving away.

I still had open probation warrant for years but recently I checked my case and in 2022 it said the above.

What does this mean.

Please help

Bradlee Hines Thornton
Bradlee Hines Thornton
answered on Jan 30, 2023

Unfortunately, it's impossible to give you a certain answer with just this information. If you moved away without finishing your probation, they likely filed a "Motion to Revoke Probation" if you were on straight probation or regular probation and if you were on deferred... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: If someobe gets pulled over and goes to jail for a violation of probation warrant

And the arrest is in a different county. How long can that county hold that person for

John Cucci Jr.
John Cucci Jr.
answered on Jan 28, 2023

In Texas, if you are arrested on the warrant from a different county, the arresting county has at least 10 days to hold you if you were arrested on a "Bench Warrant" for a probation violation or similar issue. There are many different reasons that the 10 days could be extended.... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: My husband was forced into taking 9 years due to a threat of 25- life and his co defendent was able to have the case dis

Dismissed due to evidence being lies what can my husband do because now his charges have been charged 3g

John Cucci Jr.
John Cucci Jr.
answered on Jan 28, 2023

If your husband pled guilty within the past 30 days, he may be able to withdraw his plea if properly requested to the court. If his guilty plea was based on coercion, or other violation of his constitutional rights, the plea could be reversed or undone, if properly filed and pled by Motion or by... Read more »

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Can you get stopped for a exp registration when the Gov claimed aCovid state of emergency and didn’t have to get renewed

I was stopped by an unmarked truck by a detective who wanted nothing more than to search my vehicle. He said he pulled me over because of an expired registration but, Governor Abbott said we did not have to renew registration until Covid state of emergency was no longer in effect. Is this a legal... Read more »

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

The emergency excusing vehicle registration renewal in Texas ended April 14, 2021. If the stop occurred prior to that date, it was illegal and you should be able to get the offense dismissed.

It may help if you bring your current post-April 14 registration to demonstrate that you complied...
Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Can I get charged with a possession that didn't occur when the laws are saying it did

Early part of May 2022 I got pulled over. Unknowing to me there was a ashtray with residue in it. I was never arrested for it. May 30 I was arrested for heroin that was found in my car. That's the only thing that was found. But I had 2 charges from that arrest. Come to find out the other... Read more »

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

Yes, you can be charged, but the State must proves it’s case beyond a reasonable doubt. Under the facts as described, the State will want to prove you had possession of the car and that the substance in the ashtray meets the definition of a controlled substance whose possession is unlawful.... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Hello . Can I switch from court appointed and hire a lawyer if the trial is about to start ? Or at anytime ?

I have a court appointed lawyer but I think he is overworked and seems like he is not as concerned as before and him and the DA have put off my case for 5 y rs and in March is supposed to be the court date but have Ben told that at least 5 different times before and never happened. But March the... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 25, 2023

You can retain a lawyer if they can be ready for trial in March. There is not a statute of limitation issue because you are charged

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2 Answers | Asked in Criminal Law for Texas on
Q: Hello . Can I switch from court appointed and hire a lawyer if the trial is about to start ? Or at anytime ?

I have a court appointed lawyer but I think he is overworked and seems like he is not as concerned as before and him and the DA have put off my case for 5 y rs and in March is supposed to be the court date but have Ben told that at least 5 different times before and never happened. But March the... Read more »

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

Yes, you can switch from a court appointed attorney to a privately retained attorney at any time as long as it does not delay the trial of your case.

The requirement of the statute of limitations was met when you were charged with the commission of a crime. The statute of limitations does...
Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: In a felony drug case what does it mean for the case when the Texas department of public safety lab results report

Disclosure event:sample switch discovered after results reported ; description of event: evidence was analyzed for incorrect case number

John Cucci Jr.
John Cucci Jr.
answered on Jan 20, 2023

The mixed-up lab test and results may be good news for you. This does not mean your case is going to be dismissed. However, it does show that the Lab and the Police, etc., have problems. That may turn into a win or a dismissal. There are many other factors in any criminal case. Hopefully, your... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: I got charged with burglary of habitation with intent to harm but the police report says something that didn't happen

I caught the guy i been dating cheating went to the house he open the door and let me in and the girl assaulted me and the police report told a complete lie and stated things that never happen so they could charge me with burglary of habitation with intent to harm I went to the hospital for a... Read more »

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

You should hire a criminal defense attorney to prove what actually happened to secure a not guilty verdict or, better yet, a dismissal.

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1 Answer | Asked in Criminal Law for Texas on
Q: What kind of help do I need and do I have a case at all to not go to jail?

So, I was arrested for pcs pg 1/1-b>=1-4 in Texas. Before I was searched, I was let go and told to get where I was going

She then told me to come back asking if I had my girlfriend's keys. At that time I was searched after my gf told the officer she had found her keys. They found a... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 17, 2023

Probation is an option, Retain a lawyer and make sure the search was good.

1 Answer | Asked in Criminal Law for Texas on
Q: What happens if I can’t pay my probation fees and I had given them notice that I wasn’t going to be able to pay them?
John Michael Frick
John Michael Frick
answered on Jan 17, 2023

Your probation can be revoked. That would mean you will need to serve whatever sentence was imposed.

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Texas does the defendant need to be in the same county as the arrest has taken place?

I was arrested for online solicitation of a minor under 14 in a police sting. The communication was taking place on a app and I was in Harris county and the officers were Montgomery county, there was a meet setup and the meet up was in montgomery county and that was where i was arrested. In 2008... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 17, 2023

Your question leaves out some possible scenarios. Sometimes all the actions of the defendant must occur in the same county. There are also possible crimes, including solicitation, that can result in a conviction, even if one of the elements or other actions of the defendant do not occur in the same... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Texas does the defendant need to be in the same county as the arrest has taken place?

I was arrested for online solicitation of a minor under 14 in a police sting. The communication was taking place on a app and I was in Harris county and the officers were Montgomery county, there was a meet setup and the meet up was in montgomery county and that was where i was arrested. In 2008... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 15, 2023

Harris county could arrest you if Montgomery does not prosecute.

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1 Answer | Asked in Criminal Law for Texas on
Q: Can the DA ask your attorney if he was hired or appointed?
John Michael Frick
John Michael Frick
answered on Jan 15, 2023

Yes. This occurs commonly. If you are indigent so that an attorney has been appointed for you, a DA assigned to your case may rely on that previous determination of indigency in making a reduced fine plea recommendation.

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