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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Real Estate Law and Traffic Tickets for Texas on
Q: I got a letter in the mail for a warrant I never knew about. It was for not fixing something on a house I do not own.

Court says they sent a ticket for not fixing a pipe on a house and I didn't show up. I never got the ticket nor do I own the property and cannot afford an attorney. My question is, don't I have to be physically served or notified? They claim they sent a letter but I never got it.

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 22, 2020

That seems like a frustrating situation. Do you have a specific question about dealing with the warrant?

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: A friend has been charged with aggravated Kidnapping involving a victim being murdered. This is his first time offense

At the moment he’s only being charged with aggravated kidnapping however one of the victims was murdered during the kidnapping what is the ideal sentencing if found guilty

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 22, 2020

Murder during Kidnapping is one of the ways to commit the offense of Capital Murder. So, if they actually charge him with that and win a conviction, the only possible sentences are Life Without Parole or Death. An exception is if he was age 17 or younger at the time of the offense, in which case... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is there a time limit to go to court? I was arrested in May2020 Henderson County Texas

Busted for under 4 gms but over 1 gram. Never been in trouble 61 yrs old

Grant St Julian III
Grant St Julian III answered on Nov 19, 2020

Yes, the statute of limitations provides a deadline for the State to file a criminal case. This time period varies depending on the charge, but the minimum for felony cases is 3 years from the date of offense. Call your attorney. Good luck.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: My step daughter is 18 years old first time arrested she was transporting illegal immigrants Del Rio Tx.since Nov16

I don't what to do we live in Austin Texas. It' s her first time being arrested she's 18 yrs. of age. And not knowing any information it's devastating. Not even a call. We didn't know she had lefted out to Del Rio

Edgardo Rafael Baez
Edgardo Rafael Baez answered on Nov 19, 2020

I know the feeling but her lawyer should be able to tell you something about your daughter. Blessings!

1 Answer | Asked in Wrongful Death and Criminal Law for Texas on
Q: My mom was robbed, had serious injury. In hospital over 1 month, and took out to Nursing home but died in N.Home. Help m

My mother was robbed, 8/2020, had had serious injury on the head and was taken to Hospital. She got better day by day, and 9/18/2020 she was moved out to Nursing Home in the afternoon. But around 2am in the next day(just only 8 hours) someone in Nursing Home call my Uncle to tell that my mom had... Read more »

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

You can focus on finding a civil attorney for the wrongful death / personal injury case. Just let the county District Attorney's office know that your mother passed away. That office will handle the Robbery case. You don't need a private attorney to prosecute the criminal case.

1 Answer | Asked in Criminal Law for Texas on
Q: How long is typical for a county jail to hold a person for another county in Texas...concerning probation violations?

Also,once arrested, they placed him in maximum security at the jail in Houston, TX. He states that there was no violence or verbal threat, etc. whatsoever. He doesn't understand why he has been placed there and OF COURSE, they won't tell him.

Edgardo Rafael Baez
Edgardo Rafael Baez answered on Nov 17, 2020

Thanks for your question. Since COVID, we have seem some strange things in county and other jail facilities in Texas. Although no one can answer you for sure, you should get some answers by hiring a local lawyer. Blessings!

1 Answer | Asked in Criminal Law for Texas on
Q: How can I get a pro Bono criminal defense attorney for someone in jail for an apr without bail to request bail asap
Edgardo Rafael Baez
Edgardo Rafael Baez answered on Nov 17, 2020

Contact the Texas Rio Grande Legal Aid for that blessings but that may be hard to get, since defendants in a criminal setting are entitled to court appointed representation. Blessings!

www.erbjrlaw.com

2 Answers | Asked in Criminal Law for Texas on
Q: With multiple charges, if some of the charges are dismissed, are bond conditions exclusive to those charges dropped?

In criminal cases, if a defendant is released on personal bond for multiple felony and misdemeanor charges, and if there are different bond conditions for the felonies versus the misdemeanors, what happens if the felonies get dismissed but the misdemeanors don't? Are the bond conditions which... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 16, 2020

If charges are dismissed and then refiled, it is likely that a new order setting bond conditions will have to be entered. If some charges are dismissed and some are not, whether any bond conditions are still in effect will depend on the cause numbers associated with the bond conditions.

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1 Answer | Asked in Criminal Law for Texas on
Q: A felon gets arrested charged with attempting to tamper w/evidence. How long do they have to indict. He was arrested

almost 9 months ago. They say the will drop charges. So I guess I have two questions can parole revoke him or do they have to reinstate???

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

The prosecution will be barred if formal charges are not filed within the limitations period. Attempted Tampering is a state jail felony for destroyed evidence and a class B misdemeanor for fake created evidence (criminal attempt is one step lower than the attempted offense.) The limitations... Read more »

1 Answer | Asked in Criminal Law and Internet Law for Texas on
Q: Is it against the law to hack into someone's snapchat account & save their nudes?

After this person hacked the account & saved the nudes they could, they texted the account owner off a fake number holding the account ransom because they wanted the code to the "My eyes only" folder. They said they'd only give the account back if they got the code to the rest of... Read more »

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

Yes, very illegal. The offense of Breach of Computer Security (33.02) by accessing the account without the consent of the owner. The level of this offense depends on the amount of monetary damage caused or threatened.

The offense of Electronic Access Interference (33.022) was committed if...
Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: A person involved in CPS was charged with child endangerment. Her lawyer use to work for cps, defending them in court!

Conflict of interest??

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 13, 2020

I'm not 100% clear on your description of the relationships but it is probably not a conflict. The most on-point rule is probably 1.10 of the Texas Disciplinary Rules of Professional Conduct but also pay attention to Rule 1.06.

So with regard to 1.10, consider that a bunch of criminal...
Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: This teddy b person now has a face and name and his story doesn’t line up with the deceased witness. He stating that
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 13, 2020

Do you have a question about a Criminal Law matter in Texas?

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3 Answers | Asked in Criminal Law for Texas on
Q: How can I file a motion to quash an indictment in texas based on the police report was not filed in time
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 12, 2020

Quashing an indictment based on when a police report was filed is like changing the oil filter on a horse. It is a matter best left to the experts. Hire a local criminal defense attorney.

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: If my brother left his weapon at the house in a rush and resulting in my partner getting charged for it.

Will a affidavit help at all in court cause its my siblings but my parter is already a felon ..

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 12, 2020

It might. You would increase your likelihood of success if you got a criminal defense lawyer involved.

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: A family member of mine was recently released on bond in the Dallas area on a domestic dispute with a assault charge,

Charged with assault and possession of deadly weapon. She had a knife jacket which was mistaken for a knife. Never had any history of run-in with the law. I am not sure what type of lawyer I would need. A Family lawyer or a criminal defense attorney?

Deandra M Grant
Deandra M Grant answered on Nov 11, 2020

Need to hire a criminal defense attorney ASAP. Call our office in Dallas to schedule an appointment. 972 943 8500

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1 Answer | Asked in Criminal Law for Texas on
Q: How can I get an dismissed family assault charge concealed or expunged?
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 9, 2020

The case will become eligible for expunction when the period specified by the statute of limitations passes, but only if no convictions for ANY offense resulted out of the arrest and there was no probation or deferred adjudication. The limitation period is two years on a misdemeanor and three... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I was recently engaged and I think my fiancé drugged me while he was staying at my house on a Saturday night.

The next day he took off in a big hurry when I started to wake up. I didn’t know what had happened at all. I just remember going to bed and when I woke up my bedding was everywhere in the room I felt like I had a horrible hangover although I had not drank. I filed a report with the police, they... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 9, 2020

If he sends multiple messages after you ask him to stop that can meet the criminal definition of Harassment. If he commits Harassment on multiple occasions that could satisfy the defition of Stalking, which would allow you to seek a lifetime protective order. I'm not sure the DA's... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Continuous family violence can the victim get any charges for continuously allowing the situation to happen?

My brother is facing 25 to life and i find it unfair that his girlfriend doesnt get any charges. She would show up at my moms doorstep the day after calling the police asking for my brother and theyd be back together until the next time an argument occured

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 7, 2020

The girlfriend would not be prosecuted for "allowing" herself to be victimized. Forgiving someone is not a crime.

1 Answer | Asked in Criminal Law for Texas on
Q: Deffered prosecution agreement question

If someone in Montana state signs a deffered prosecution agreement , but then travels down to Texas and gets a citation for drug paraphernalia and just pays the citation off does that violate Montana’s deffered ? Do these courts alert each other

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 7, 2020

It depends on the specific terms of the Order granted Deferred Adjudication in Montana as to whether the Texas Citation violates it. It is doubtful that the courts would alert each other.

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is a person that is leasing land from the owner alowed to press charges on a person or does it have to be the owner

Charge is taking wildlife without owners consent

Grant St Julian III
Grant St Julian III answered on Nov 7, 2020

Anyone can call the police and file an incident report on anyone else at anytime, anywhere. The police will determine if criminal charges will be filed.

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