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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Loaned gun refuses return

I loaned a ex's adult son a firearm for hunting. We are no longer together. He refuses to return the firearm or even talk about it. His mother refuses to ask him about it. I would like to press criminal theft charges on him and her as a accomplice. What steps do I take to file criminal charges.

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

Write a letter to the son specifically stating that you previously loaned him your [make model, caliber, and serial number] rifle; it was not a gift but a temporary loan for the purpose of hunting; now you want it back; and if he fails to return it by [date] or give you an explanation of what... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Myhusband's court records show he was discharged from parole supervision in May, 2023. he was arrested for a violation

He was arrested in September, 2024 for a parole violation. What does that mean? State of Texas. The charge was possession of hash

Kyle Watkins
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Kyle Watkins
answered on Nov 4, 2024

A person cannot violate the terms of a parole that he or she was not on. You should get a copy of those documents right away and send them to the attorney handling his case. If you do not have an attorney handling his case, my suggesting would be to find him an attorney and get this straightened... View More

1 Answer | Asked in Criminal Law for Texas on
Q: For Texas criminal defense. The clock starts from arrest. The state has 180 days to indict correct? Yes they can refile.

Yes they can refile the charges within the SOL, but they cannot proceed if the 180 days has been exceeded correct? Especially if it has been over 365 days.

Kyle Watkins
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Kyle Watkins
answered on Nov 4, 2024

No. From the date of arrest the State has 90 days to indict, and if the State fails to indict within 90 days the defendant, if in jail, is entitled to a bond he or she can make. ie: $10. If the State fails to indict the case within 180 days and the defendant has been in jail that entire time,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: What should he expect during his pretrial hearing?

I filed assault on my boyfriend. Then they enhanced it to aggri ated with deadly weapon. The next day I filed a affidavite of non prosecution with the DA. The state picked it up and a year later received letter that grand jury indicted him. He is now scheduled for pretrial. What should he expect?.

Madolyn García Falone
Madolyn García Falone
answered on Nov 4, 2024

He may be asked to enter a plea, or answer information pertaining to whether he's interested in making a plea deal. If he has a lawyer, his lawyer should handle all of that and guide him through it. If he doesn't, he sorely needs a lawyer. Aggravated Assault with a Deadly Weapon (in a... View More

2 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Texas on
Q: I've most likely been erroneously placed on a Terrorist Watchlist. How can I be removed and stop privacy violations?

I'm writing out of desperation. I've been stalked for years and have gone to authorities many times.

I'm experiencing Remote Neural Monitoring and what is referred to as V2K or Voice to Skull. In short, a government agency is reading my thoughts and torturing me twenty-four... View More

John Michael Frick
John Michael Frick
answered on Oct 24, 2024

You should contact the Principal Deputy Director of the TSC at the FBI for information about being removed from the US terrorist watch list.

As for remote neural monitoring and V2K, there is no government agency responsible. Experts pretty much agree that such technology does not yet...
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2 Answers | Asked in Criminal Law for Texas on
Q: Are you able to sue district attorneys for false charging?

I was fasley charged in Lubbock tx. The charge was dropped months later. During a hearing to proceed pro se in my case, a sitting district attorney stated that my case did not fit the criteria of the charge i was charged with

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Not typically. But if you can prove that the district attorney who filed the charges personally knew you prior to filing the charges and was acting out of personal animus against you, you may have a potential claim. For example, if you are dating the DA's ex-wife and he made up the charge... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My son and girlfriend got caught having consensual relations at school the mother filed charges for rape. What can I do

The school police officer reviewed the video and stated that it was consensual. Both children received the same punishment of 45 days at the LEO school. The girls mother filed a charge for rape.

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

It depends. The age of consent in Texas is 16. Sexual intercourse (and certain other sex acts) involving someone under the age of 16 is by definition non-consensual even if that person enthusiastically participates or initiated it. This is called statutory rape.

If there is an age gap no...
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1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: What do I do if I am being charged wrongfully because my step daughter has been manipulated by her mother to hating me?

I am being accused of being charged with a misdemeanor assault on family, my husbands 15 yr old daughter has been manipulated by her mother to hating me after 7 yrs of being with her father now that she is older according to her mother she has a mind of her own and attacked me at a restaurant in... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

Wow! That is a terrible situation.

The most important thing you can do is to NOT talk to anyone about your case anymore. Save it for your lawyer.

I would like to see the video to give you a solid answer about your case. If there are others who took video of the event and your...
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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can I request a new court appointed attorney if the one boyfriend has is negative and unwilling to fight for him

The attorney he has stays negative and is refusing to argue certain facts in his case she was going to file a motion to suppress but now says she will not cause her argument contradicts the law and has threaten if he goes to trial they will maximize his sentencing is that legal

John Michael Frick
John Michael Frick
answered on Oct 10, 2024

No, you cannot request another attorney for your boyfriend. Only your boyfriend can do that. In most cases, if the attorney is court-appointed, the court will deny such a request based on the description set forth in your question. However, he may gain some traction with the argument that his... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: I received a Deferred Adjudication Proforma for a class c misdemeanor (assault/no fv). What does this mean? Conviction?
Madolyn García Falone
Madolyn García Falone
answered on Oct 7, 2024

Deferred adjudication, pro forma, generally means that the court just wants you to keep out of trouble and then they won't move forward with a conviction in your case. That said, you ought to contact the court and figure out the specific parameters you need to abide by-- how long is the period... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Deferred Adjudication judgment states under special findings “No Affirmative Family Violence”. What this means?
Madolyn García Falone
Madolyn García Falone
answered on Oct 7, 2024

This means that the judge in your case determined that there was no family/"domestic" violence as an element of your case. That's a very important and beneficial thing, because finding of family violence present obstacles to getting charges expunged/non-disclosed, they create issues... View More

3 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can I force a transfer of probation from one state to another if my living arrangements are unsafe or life threatening?

My current living arrangements for my probation in Arizona have become life threatening. I need to transfer my probabtion to Texas but I have some probation violations and I worry that may lead to a denial of transfer.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2024

The first problem you will have, is what you already pointed out. It is unwise to ask for, or demand a change in your Probation, when you have failed to fully comply with your terms of probation.

Nevertheless, if you can show PROOF, that your life or health is under a clear and present...
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1 Answer | Asked in Consumer Law and Criminal Law for Texas on
Q: Hi a friend of mine just put a down payment on a car and made some payments but she missed one payment a few days ago

And due to financial situation she wasn't able to pay the one payment and now a few days later they have sent a text message saying they're going to arrest her for stealing the car. Is that a scam or can they really arrest her for missing one payment.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

No they cannot arrest her for failing to make a car payment on a car she bought. They can, however, repossess the car if they properly recorded a lien against the car.

They could only arrest her if she stole a car registered in their name. When you buy a car, you (or the dealer) must...
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3 Answers | Asked in Criminal Law for Texas on
Q: How to get my husband out of prison wrongly convicted murder Convicted under law parties for capital murder
John Michael Frick
John Michael Frick
answered on Oct 2, 2024

He can appeal his conviction. If the deadline to appeal has passed, he can file a writ of habeas corpus. He may have to prove "actual innocence." That means he would have to prove that he was not a party to the underlying criminal activity that ultimate resulted in the murder.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: how do i drop charges?

i am the complaining witness, and pressed charges against someone while severely intoxicated. i do not remember the events as they correctly happened though i told the police officer who originally took my statement i believed i was put in a chokehold. but i want to take it back and they told me if... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Theoretically, you can submit an affidavit of non-prosecution to the district attorney prosecuting your case. In cases involving domestic violence, that does not always work because the victim and perpetrator typically know one another and may be in a relationship. That raises a concern that the... View More

1 Answer | Asked in Criminal Law and Elder Law for Texas on
Q: dad lent mom's car to daughter without mom's consent. mom is brain damaged from a stroke. mom wants car back and they...

won't return it. can I report it stolen? I am their son. the car is in Mom''s name.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

No, you can't report it stolen because you are not an owner of the car. Your mom will have to report it stolen.

Alternatively, if you believe your mom is no longer mentally competent as a result of her stroke, you can apply to court to be appointed as the guardian of her person and...
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1 Answer | Asked in Criminal Law for Texas on
Q: can i appeal to the supremre court of Texas

Exclusion of Expert Testimony: Whether the trial court committed reversible error by excluding the testimony of one of Ramirez’s expert witnesses, Dr. David Beaver, an Austin-based linguist, due to his limited “experience with South Texas culture.”

Limitation on Cross-Examination:... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2024

You need to get a good Appeal Lawyer.

First: you need to file a Notice of Appeal Immediately! You have 30 days from your sentence to file the Notice of Appeal.

If you are past that time limit, you must still file the Notice of Appeal with the District Court Clerk immediately. After...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: DA is assessing whether to press charges on a case in which complainant lied. How can my brother get ahead of it?

My brother is currently serving at an TDCJ ISF for 90 days for parole violation . We just found out that DA may be considering pressing charges against him on a case in which the other party lied to police about domestic violence, has since completed an affidavit attesting that their original... View More

Madolyn García Falone
Madolyn García Falone
answered on Sep 20, 2024

The only way to meaningfully address the issue is to hire a criminal defense attorney. Sometimes, if you catch a case before criminal charges are formally filed, a defense lawyer can convince the DA not to file the case at all. There isn't a lot of time to waste, though. You'll need to... View More

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Do you accept murder appeal cases?

My friend got convicted of a murder charge and received a sentence for 45 years and been gone for 8. Is there a chance he can get it appealed and get time reduced?

Natalie Barletta
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Natalie Barletta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2024

If your friend has already been imprisoned for 8 years, appeal is no longer an option, but your friend could file a writ of habeas corpus challenging his/her confinement. The writ of habeas corpus is a mechanism to address fundamentally defective procedure leading to constitutional error or claims... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Can I go back to court and file ineffective counseling because lawyer did not state my plea deal with ADA

If you become informant and agree to give up people to lower your case. But when you go to court there wasn’t one.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 9, 2024

You can "agree" to become an informant and give up other people but that alone does not constitute cooperation with the police. You must actually work with the police in such a way that your work results in the arrest and prosecution of those other people. You don't say that you... View More

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