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Texas Criminal Law Questions & Answers
2 Answers | Asked in Personal Injury, White Collar Crime, Employment Law and Criminal Law for Texas on
Q: Seeking advice after manager blackmailed me and ignored calls when injured.

I fell down my stairs on my way to work and required medical attention. I tried calling my workplace and my direct manager multiple times, but no one answered. I have text messages from my manager that contain threats of blackmail related to my job. I reported this to the manager above her. What... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2025

If the fall occurred on the premises of your workplace, you should make a workers' compensation claim for your medical expense and for any compensable lost time from work by filing a Form DWC-43. The Texas Department of Insurance can assist you in making such a claim:... View More

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2 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Do I need to fire my attorney to file a pro se motion in my criminal case?

I'm currently involved in a criminal case where my attorney has not addressed my requests to file a motion to vacate a Failure to Appear (FTA) warrant and reschedule my court date. I have repeatedly emailed my attorney regarding this, but have received no response. As a terminal cancer patient... View More

John Michael Frick
John Michael Frick
answered on Jul 10, 2025

Yes. Texas does not allow hybrid representation. You either have an attorney, or you represent yourself.

You firing him isn't immediate and self-executing. If you fire your court-appointed attorney, you will have to wait for him to file a motion to withdraw and wait until the judge...
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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: What can I do if my probation officer refuses a second substance abuse evaluation recommendation?

I was ordered to get a substance abuse evaluation as a condition of my probation. The first evaluation contained fabricated information and misrepresentations. Initially, the recommendation was for supportive outpatient care until my probation officer mentioned a "dirty" UA, which was... View More

John Cucci Jr.
John Cucci Jr.
answered on Jul 9, 2025

There is always legal recourse. However, the further along you get in the criminal system, the harder it is to undo whatever your status has become. A big part of overturning any judge or other conclusions made in the legal system, as a mandate from the court, will usually cost a LOT of MONEY.... View More

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2 Answers | Asked in Criminal Law, Legal Malpractice and Gov & Administrative Law for Texas on
Q: Can a felon unknowingly possessing a gun be charged?

I was driving with a friend who is on parole when we got pulled over in Texas. I'm a felon myself but haven't been in trouble since 2009. My friend handed me a gun, which I didn't know he had, and I placed it beside my seat out of fear. The police searched the car without asking,... View More

John Cucci Jr.
John Cucci Jr.
answered on Jul 9, 2025

Yes, you can BOTH be charged with possession of the gun as you both were within arms-reach of the weapon.

You can escape criminal charges if your friend acts like one, and takes an official position of ownership or control of the weapon.

There are a lot of different ways to...
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2 Answers | Asked in White Collar Crime, Internet Law and Criminal Law for Texas on
Q: Getting extorted by individuals from a Discord server demanding money and threatening exposure.

I am being extorted by individuals I encountered in a Discord server. They claim to be working for the PIU and have demanded money through CashApp, Coinbase, and Binance. They possess Discord chat logs and threaten to expose them if I don't comply with their demands. They have given me 24... View More

Christie Dudley
PREMIUM
Christie Dudley
answered on Jul 7, 2025

This is more likely than not to be a scam. There are several hallmarks of a scam that you have described here.

First, your relationship with them is only in an online forum. You do not know these people and they only know what you have told them about you. If you have done something...
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2 Answers | Asked in Criminal Law for Texas on
Q: How to dispute a Class C misdemeanor for a returned check in Texas?

I received a letter from the county attorney's office in Texas with a pre-trial date for a Class C misdemeanor related to a returned check from 2021. I have documentation from the county attorney but no prior evidence or communication with the bank. I spoke to the county attorney's office... View More

John Michael Frick
John Michael Frick
answered on Jul 2, 2025

You can request a trial and present evidence that either you did not issue the check, or that the check was honored by your bank, or that the check should have been honored by your bank because you had sufficient funds on deposit at the time to pay that check as well as any other pending items.... View More

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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Texas on
Q: Filing for emotional distress against abuser in Texas

I want to file for emotional distress against my mother and her husband because he sexually abused me. I have already filed a police report regarding the abuse. I have undergone therapy for a year, but it's been challenging to continue due to financial constraints. The abuse has severely... View More

John Michael Frick
John Michael Frick
answered on Jul 2, 2025

You should hire an attorney who has specific experience handling civil cases arising from sexual abuse. Attorneys with such experience are more common in larger urban areas like Houston, San Antonio, and the DFW area. Because this is a very specific niche area of law, a general personal injury... View More

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2 Answers | Asked in Criminal Law and Small Claims for Texas on
Q: Received a court letter for a $92.37 check theft charge with incorrect address and name due to marriage in Texas. How to proceed?

I recently received a letter from the Justice of the Peace Court in Texas about a pre-trial date for a Class C misdemeanor theft charge. The letter only mentions the charge and date, without further information. After contacting the court, I was informed it involves a $92.37 check written in 2021.... View More

John Cucci Jr.
John Cucci Jr.
answered on Jul 1, 2025

The best action is to request or go get ALL the paperwork and filed documents on your case, and get all of that in front of an attorney. Much like a Traffic Ticket, sometimes the JP courts deal with a small HOT CHECK, wherein a trial date is set by the court. If you miss the trial date, the JP... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Dispute misdemeanor Class C theft charge for expired check statute of limitations in Texas.

I recently received a letter from the county attorney in Texas for a pre-trial court date regarding a misdemeanor Class C theft, related to a $96 check from 2021. As the statute of limitations may have expired, how can I dispute this charge and what steps should I take?

John Cucci Jr.
John Cucci Jr.
answered on Jul 1, 2025

It is true, the Statute of Limitations ("SOL") on a Class C misdemeanor in Texas is two (2) years. However, if you or any defendant has acknowledged the debt or bad check, that statute time may be extended.

If the DA or County Attorney, has filed an Information against you, with...
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3 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: No contact from authorities after minor's assault charge in TX.

I'm a 15-year-old facing an assault charge in Texas, and I've had my fingerprints taken six weeks ago. Since then, my parents haven't received any communication from the police or the court, nor has an attorney been appointed for me. Is this lack of communication normal in such... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2025

I recommend that you hire your own attorney, one with experience handling juvenile cases in or near the county where you were fingerprinted.

How quickly--and whether--formal charges will be brought against you for delinquent conduct depends upon the specific facts and circumstances of the...
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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Criminal Law and Personal Injury for Texas on
Q: Liability of insurance company for intentional and malicious truck ramming.

I want to know how liable the insurance company is when an incident is not an accident but was done with intent and malice. My ex-wife rammed my truck with her dad's truck. There were no witnesses, but a police report was filed with it documented as a criminal act, not accidental. I have also... View More

John Michael Frick
John Michael Frick
answered on Jun 25, 2025

Under a typical automobile liability insurance policy, the insurance company has a valid defense to a claim for coverage if the act of the policyholder was an "intentional act." So it is likely your ex-wife's insurance policy would not provide coverage for her intentionally ramming... View More

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3 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Charged with THC possession, claiming Delta 8 legality. Next court date July 16, 2025, TX. Advice?

I am currently facing a felony charge for possession of a controlled substance (THC) in Texas. About two years ago, an administrator at my school spotted me with a product they thought was illegal THC. I explained it was a legal Delta 8 hemp product, which included the company's logo on all... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2025

You should hire a criminal defense attorney with experience handling this particular type of drug possession case. Realize that not all Delta-8 THC products are legal and, because they are not regulated by the FDA, a company logo or label does not reasonably ensure that the product itself is legal... View More

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2 Answers | Asked in Constitutional Law, Criminal Law, Traffic Tickets, Car Accidents and Personal Injury for Texas on
Q: Options after vehicle seizure and arrest in Texas for firearms in a warrantless search?

I was traveling on a public roadway, driving the speed limit, wearing my seatbelt, and following all other ordinary traffic codes when I was pulled over for no registration. I informed the officer that my license was expired and I had no insurance. I explained that as a U.S. Citizen, I believed I... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2025

You probably have since learned that your understanding of Supreme Court rulings is incorrect and that you in fact do need registration, a license, and insurance when operating a motor vehicle on a public roadway.

Because you were operating a vehicle without a valid registration, the...
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3 Answers | Asked in Criminal Law for Texas on
Q: Could I face legal issues for a sexual comment made online to a 15-year-old?

I made a sexual comment to someone on Snapchat who had previously told me she was 15 years old, but I forgot her age when making the comment. After she reminded me, I immediately blocked her. She mentioned that the cops would be called. Could I get in trouble for this comment?

John Cucci Jr.
John Cucci Jr.
answered on Jun 10, 2025

It depends on the comment. It also depends on where you were and where she was at the time of the comment. If you really did shut it down, and block her immediately, you are probably OK.

If you sent any explicit pics, that is a different issue. Sending nude or explicit pics to a minor, is...
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2 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Can I be arrested for egging a car and garage door causing paint chipping?

I am concerned about being arrested after someone indicated they intend to press charges against me for egging their car and garage door, which resulted in paint chipping. This incident happened the same night I was involved in another similar act. There has been no direct contact with law... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2025

This is a classic vandalism case. You can be charged with criminal mischief. The "class" of your offense would be determined by the dollar cost to properly repair the damage. If it is between $100 and $750, it would be a Class B misdemeanor.

If this is your first offense, you...
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Q: Wrongful conviction appeal for Medicare Fraud in Texas.

My father is serving a ten-year sentence in Federal State Prison after being wrongfully convicted of Medicare Fraud in Houston, TX. The case involved multiple individuals responsible for billing. Despite no new evidence, my father filed an appeal, which was dismissed by the judge for allegedly... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2025

Your father needs to hire an attorney licensed to practice before the Fifth Circuit who handles criminal appeals. That attorney will evaluate the procedural facts to determine whether his appeal was timely. Your father has 14 days to file a petition for panel rehearing from the date of entry of... View More

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Duration for criminal appeal process in the Fifth Circuit.

I would like to know how long it generally takes for a criminal appeal to be processed in the U.S. Court of Appeals for the Fifth Circuit. The case was filed on November 9, 2023. Are there any specific factors that might influence the timeline for this appeal?

John Michael Frick
John Michael Frick
answered on Jun 6, 2025

The median time for the disposition of a criminal appeal from the date of the filing of the notice of appeal to the rendition of a final disposition decision by the Fifth Circuit is 10-11 months.

Delays in filing the clerk's record, the court reporter's transcript(s), or the...
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2 Answers | Asked in Criminal Law, Contracts, Car Accidents and Personal Injury for Texas on
Q: Charged with unauthorized use after buying a stolen truck with bill of sale.

I bought a truck through one of my mom's friends and received a bill of sale, but not the title. I was unaware of any title issues or that the truck was stolen. I then wrecked the truck and now I'm facing charges for unauthorized use of a vehicle. I have a bill of sale, and I... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

IMO the testimony of your mom's friend will be critical. Your attorney will want to ensure that the friend does not have a criminal record and will corroborate that he was the seller, or facilitated the sale by the seller and had no reason to believe that seller was not the owner of the... View More

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Q: Seeking assistance to resolve property and legal disputes with husband in Texas.

My husband used over $20,000 of my personal property funds to pay off our house without my permission. Both the house and car, which were supposed to be gifts, remain in his name, and he refuses to transfer the title and deed to me. In September 2023, there was a garage fire that destroyed my car,... View More

John Michael Frick
John Michael Frick
answered on May 29, 2025

There are various legal aid organizations that provide pro bono assistance to indigent litigants, including Legal Aid of North West Texas. Almost all attorneys who provide pro bono assistance do so through legal aid clinics because they have staffs who can effectively screen applicants for... View More

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3 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: What options and typical retainer fees for THC charge in TX for a minor?

My 17-year-old daughter was recently caught and arrested at school in Texas with a THC cartridge, facing charges under "POSS CS PG2 <1G." Previously, she completed probation for a school-related incident, which was dismissed after no positive drug tests, and had a dismissed charge of... View More

Madalina  Garcia
Madalina Garcia
answered on May 29, 2025

In Texas, 17 is the age at which a person may be charged as an adult, not a juvenile. Possession of a THC vape cartridge is a felony-level offense. Texas is prosecuting THC cases heavily, so it is certainly in your daughter's best interests for you to hire a criminal defense attorney for her.... View More

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