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Texas Criminal Law Questions & Answers
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

1 Answer | 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

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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1 Answer | 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

1 Answer | Asked in Criminal Law for Texas on
Q: My boyfriend has been charged with ASSAULT FAMILY/HOUSEHOLD MEMBER W/PRE conv. His bond conditions say victim unknown?

Is that normal for them to list a victim unknown or is this a paperwork error that could result in dismissal?

John Cucci Jr.
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answered on Feb 4, 2024

There is a problem with a victim not being named. Sometimes, the name is a "Jane Doe" to protect the victim, but victim unknown is too vague to stand up to a motion to dismiss.

It does depend, whether or not, the written charges are by Indictment or by Information. By information...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: can you appeal a federal plea deal? I signed a plea in Kerr county because I knew if I stayed there I would die.

I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go... View More

James L. Arrasmith
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answered on Feb 4, 2024

Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Texas on
Q: I'm 13 and I got caught with 3 disposables on school prpty and 2 were empty one was full of honey, what am I facing.

They also put me down as selling on school property

Jim  Butler
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answered on Feb 4, 2024

We are talking "honey", "budder" - the vape cartridges that contains Delta 8,9, or 10 ? I'm not sure what your schools policy is if you are caught with a vape that contains one of these oils. If it turns out to be Delta 9 they could charge you with possession of marijuana... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: How can I get my record expunged online?
John Cucci Jr.
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answered on Feb 2, 2024

In Texas, there are very few things that can be expunged from your record. You must have won your trial, got your case dismissed in court, or had a deferred adjudication, that you completed, and had a judgment of no conviction.

If your case had one of the above results, you can only get an...
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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Libel & Slander for Texas on
Q: If someone is mad and telling my boss church and everyone that I have hiv and it's caused me to quit 2 diff jobs

I even had to move a town over because of the slander.

James L. Arrasmith
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answered on Feb 1, 2024

If someone is spreading false and damaging information about you, such as falsely claiming that you have HIV, it could constitute slander, which is a form of defamation. Defamation occurs when false statements are made about an individual that harm their reputation. To address this situation, you... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Could I also press charges against the multiple people who assaulted my 20 year old son besides himself?
John Cucci Jr.
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answered on Jan 30, 2024

You should be able to press charges if your son was assaulted. However, who you deal with at the police department will be important.

Did police get called to the scene immediately after the event? How badly was he injured? Did he go to the hospital?

The police are supposed to...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: I received a harassment cease and desist letter from the police dept. Do they expire or have a statute of limitation?

Before my divorce, my then wife left me a note on my door one day telling me to no longer contact her for any reason. She blocked my email, phone number, and all social media accounts. One day, I sent a message to the only social media account she hadn’t blocked me from, one that she hadn’t... View More

John Cucci Jr.
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answered on Jan 27, 2024

Sorry to hear your troubles.

While there is no real time limit on a cease and desist, letter from the police, you should take it seriously.

If you need to contact her for a legal reason, you should hire an attorney to do that. If you can not afford one, you should call the police...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: There was not a court recorder during a plea deal court date. Are there protocols or a specific channel to report this?

This specific area has a lot of discrepancies in regards to how they handle legal situations not just criminal cases. Who do you report misconduct to?

James L. Arrasmith
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answered on Jan 27, 2024

You have several options to report the lack of a court recorder during your plea hearing:

1. Notify the judge directly. Write a letter to the judge explaining there was no court reporter present to transcribe the plea proceedings. Request a new hearing be scheduled with proper recording....
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1 Answer | Asked in Criminal Law for Texas on
Q: Is it legal to have a plea offer court date without a court recorder present?
T. Augustus Claus
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answered on Jan 26, 2024

In Texas, court proceedings, including plea offer court dates, typically require an official court reporter to be present to create a verbatim record of the proceedings. Having an accurate record is crucial for legal purposes, including appeals. If there is no court reporter present during a plea... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have two felony cases Felony Possession of a firearm & possession of a controlled substance with intent to deliver

I was granted a motion to dismiss without prejudice on both due to not enough evidence to find me guilty, how is it that it shows up on my background as deferred adjudication of guilt and I never signed for any probation it was dismissed ??

James L. Arrasmith
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answered on Jan 26, 2024

If the felony charges against you were dismissed without prejudice due to insufficient evidence, then it is incorrect for them to still show up as deferred adjudication or any form of conviction. Here is what I would recommend to get the improper records corrected:

- Obtain copies of the...
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1 Answer | Asked in Criminal Law for Texas on
Q: I discharge my parole on 2 2 24 but I haven't been reporting for a month or so a p.o went to my address for me to go u.

Should I go or will a be arrested for the failure of reporting and payments

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jan 24, 2024

If you violate the terms and conditions of your release, like for example: not reporting, a motion to revoke parole can be filed. Once it is filed, your parole is on hold until the MTR is resolved. The "blue" warrant issued when the MTR is filed is not publicly accessible, but your parole... View More

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Texas on
Q: In Texas, is it illegal for someone in my household to unplug my security cameras threatening my personal safety?
John Michael Frick
John Michael Frick
answered on Jan 22, 2024

It is illegal for someone to threaten you. It is not illegal for someone to unplug security cameras, particularly in areas where they have a right to be. In certain circumstances, it may be illegal for you to record other members of your household on camera without their effective consent.... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
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answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

John Cucci Jr.
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answered on Jan 19, 2024

Unfortunately, unless the court made it part of your plea, you can not seal or expunge a DWI conviction in TX.

If it was part of a Deferred Adjudication, then there may be a chance for an expungement. But, I would need to see all the paperwork and the final judgment. If the case was...
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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 19, 2024

In Texas, if a person received a deferred adjudication for a misdemeanor offense that person may be eligible for a sealing (non-disclosure), but NOT an expungement, if it has been two years since their case was dismissed and have no other DADJs. For DWI misdemeanor convictions, the waiting period... View More

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