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Texas Criminal Law Questions & Answers
1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Q: If a police report is taking a long time to become public, is that normally a good or bad thing?

My friend was arrested in February and they tell her that her police report isn't ready yet when she tried to get it. Is this a good or a bad typically?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 14, 2020

In normal times that would be unusual, but the COVID shutdown means we are not in normal times. Your friend should have a private discussion with her criminal defense attorney about this issue.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for Texas on
Q: Is there a way to fight this?

The police arrested me for a burglary of an inhabitants charge while removing jointly owned property from a motel room. When they got me to the facility they found a tiny bit of pot on me that I had found in the room. Arresting me for burglary was erroneous. But can they drop the burglary charges... Read more »

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

There are a bunch of rules regarding the admissibility of evidence. You should NOT post any more details about your case online but you SHOULD read about the "exclusionary rule" and the doctrine of "the fruit of the poisonous tree." Be sure to also read about the exceptions,... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Texas on
Q: How can the District Attorney reject a case, but CPS found a “reason to believe” the incident occurred?

6 months ago my sister was watching my son while I was at work. My son’s father arrived unannounced to pick him up (we didn’t have a custody agreement at that time). My sister didn’t know who was at the front door and grabbed my son from leaving. His dad called the cops and accused my sister... Read more »

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

The DA's decision not to prosecute your sister for a crime doesn't determine the outcome of the CPS case because the two agencies have different roles and different perspectives. To prove a crime, the DA's office would need to show that your sister acted with malicious intent or... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: 3/5/18 I was arrested and charged with 2nd degree felony. Still never convicted. Why can’t I buy a hunting rifle

The charge was theft of property 150-300k. Prosecutor acted on a complaint and has since stalled the court hearings. The offer was 10 years probation which I turned down and then haven’t heard anything in 2 years. I like to hunt and not sure if I can even buy a gun. How long can a prosecutor... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 11, 2020

It is a violation of federal law (18 U.S. Code § 922) because you are under felony indictment. Talk to your criminal defense attorney about the status of your case and whether it would be advisable to attempt to hurry it along or continue to wait it out.

3 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a felony evading arrest be expunged?

My cousin was arrested on an evading arrest charge in 2003. One lawyer told him it could be expunged and one lawyer told him it couldn't. What is the rule on expunging felonies if at all possible?

He was charged felony and sentenced based on a misdemeanor and was giving a fine of... Read more »

Grant St Julian III
Grant St Julian III answered on Jul 9, 2020

Expungement depends on the final disposition of the case, not the degree of offense. If the case was dismissed, you may be able to an expungement or disposition. The only way to remove a final conviction from a person's criminal record, however, is through pardon from the Governor.

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2 Answers | Asked in Criminal Law for Texas on
Q: What will happen if a 16 year old almost 17 year old girl gets pregnant buy her 25 year old boyfriend?

My 16 almost 17 year old niece got pregnant by her 25 year old boyfriend that her parents had no idea about, her parents weren’t happy about it and filed a report, but my niece won’t tell the police or her parents his name. Can they do anything about it?

Grant St Julian III
Grant St Julian III answered on Jul 9, 2020

ALMOST doesn't mean anything. See Texas Penal Code Section 21.11 - Indecency with a Child, Section 22.011 - Sexual Assault, and Section 43.25 - Sexual Performance by a Child for the law on the subject. Good luck.

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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Miranda Rights read but person wasn't arrested.

How typical is it for a person's Miranda Rights to be read but then the person isn't arrested that day? The person was later arrested. Is this normal or does it have some other implication?

Grant St Julian III
Grant St Julian III answered on Jul 8, 2020

Miranda warnings should be given by law enforcement to any suspect before any custodial interrogation, whether an arrest is made or not.

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2 Answers | Asked in Criminal Law for Texas on
Q: In Louisiana can a judge give you flat time for a first time felony with no parole and it was non violent
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 8, 2020

You should re-post this question with the location set to Louisiana so it will be seen by attorneys licensed to practice law in that state.

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1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Texas on
Q: If I press charges can he press them back on me? ( I just wanna know if it’s better for me to Just stay quiet?)

Currently I’m 22 weeks pregnant. My husband & I got into an altercation, it got physical on both sides. Now I was trying to defend myself (he left a variation of bruises on me, him on the hand only had one). I would like to press charges on him but he threatened me, he said that if I press... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

Talk to a Texas-based immigration lawyer about whether or not deportation is a legitimate concern under current case law out of the 5th circuit as it relates to recklessness as a culpable mental state in the Texas assault statute.

A person can report a crime to law enforcement, but they...
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1 Answer | Asked in Criminal Law for Texas on
Q: What can I do to get missing police video of a arrest that would show my brothers innocence. All other video is there

It's like they cut camera off and back on after what happened and it's the only part that would show what he is being accused of, it's just cut out and we need whole video

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

His attorney should request the CAD (ie computer aided dispatch) report from the prosecution. There are two variant types of the report for Austin Police Department, but both should include the badge number of every dispatched officer and other details like which vehicle they were in, what time... Read more »

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: Can I help protect my son from a case of aggravated assault? I don't want to excuse what he did but dont want him jailed

age 14, aggravated sexual assault.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

You son's future depends on how this case turns out so hire the best criminal defense attorney available who takes juvenile cases.

3 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: Should my son give a statement to investigator

So a month ago my 11 year old son exposed himself to a younger girl.we know it's not right CPS was called CPS closed out the case and he has been in therapy since then to try to figure out what happened it was completely unnormal for him to do this. However last week we got a call from an... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 6, 2020

The investigator has threatened to take the case to the District Attorney if you do not bring your son in. It is quite likely that if you do bring your son in for an interview, the investigator will still take the case to the DA, only your son will have made the DA's case a lot easier. The... Read more »

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2 Answers | Asked in Criminal Law and Communications Law for Texas on
Q: I have someone threatening to file harassment charges on me for sending a fb message. Can they do this?

This man posted a racist statement in a public Facebook group. I sent the screenshot to his sister and daughter. I also messaged his wife asking why she deleted me. I have not contacted any of them since, and have asked him to stop contacting me after his initial threat. He sent another message... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

A great Tx Lawyer and Judge said: "You can sue a ham sandwich." It sounds like this person thinks his beliefs are the supreme word of God and we should all be worshiping the ground he walks on. He could bring a harassment litigation against you in civil court. The police are usually... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: My nephew was at Crystal Beach, Tx riding along the beach at night and hit a guy.

My nephew couldn’t get stopped quick enough to keep from hitting him. The guy told him that he was ok and that he could go. Several days later his wife contacted him and said that she had taken a picture of the license plate and they would not get the law involved if he would give them his... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 1, 2020

It is a crime to cause an accident and then fail and stop to give information (e.g. insurance info). It is also a crime to cause an accident that injures someone and then fail and stop and render aid. From your description, it does not appear that your nephew violated the law at the time of the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My father committed suicide a month ago. His wife at the time knew he was going to do it. is there anything i can do?

His wife knew when and where it was going to happen the same day he committed suicide and nothing was said to anyone. She saw on their bank statement he bought a gun and proceed to keep it to herself.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2020

Criminal Law:

It is against the law to allow a child under 17 unsupervised access to a loaded firearm, but there is no such law for adults. Buying a gun is not a crime and actually committing suicide is not a crime. Helping a person commit suicide is class C misdemeanor, which is the...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can you be granted parole with an outstanding open case, and then arrested and extradited for that case 6 months later?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2020

There is no one simple answer that is generally applicable so you should consult your attorney if you need specific details of a specific case. In the general sense, the answer would be immediately apparent if you change the question to "Can a huge government bureaucracy make a mistake when... Read more »

3 Answers | Asked in Criminal Law for Texas on
Q: I’m not eligible for indigent court appointed. And the attorneys I spoke to so far seem to be made of put gold. What now

Assault Agg felony 2 I need someone fast court 3weeks

Grant St Julian III
Grant St Julian III answered on Jun 30, 2020

Keep looking, Call 10 lawyers a day. Call attorneys in the next county Ask family and friends for help. From the Court's perspective, if you found the money to bond out of jail on felony cases, you can find the money to retain an attorney. Good luck.

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1 Answer | Asked in Criminal Law, Family Law and White Collar Crime for Texas on
Q: How long do I have to press charges against a family member who signed a promissary note after promised funds were spent
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 30, 2020

The statute of limitations is the hard limit beyond which prosecution is barred. You can find them in chapter 12 of the Texas Code of Criminal Procedure which I will link below. Generally speaking, the longer you wait to report a case, the less interested law enforcement will be. Just because a... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Looking 4 affordable criminal defense rep for Agg.Assault. Felony 2. Self defense w/weird circumstances. Family

I was arrested after fighting back and defending myself against a man that had been abusing me during the pandemic mandatory stay at home. He was a 4 time felon but we did not know. I was acting as my Alzheimer’s mother with Multiple sclerosis caregiver. He was delusional talking to spirits and... Read more »

Grant St Julian III
Grant St Julian III answered on Jun 29, 2020

Start calling attorneys in the area where the case will be filed and retain the one you feel most comfortable with. Good luck.

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Texas on
Q: How to get hotel in trouble

Against racist

Grant St Julian III
Grant St Julian III answered on Jun 29, 2020

Your question is very broad. More facts are needed

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