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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will I get in trouble for accidentally sending in the wrong evidence?

I am a victim of domestic violence. I accidentally sent in the wrong photos for evidence to the district attorney. The photos were from a whole different assault. I plan on calling DA to inform. Will I get in trouble for sending in wrong photos by accident?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Feb 26, 2021

You will not get in trouble for sending in the wrong evidence so long as you promptly notify the DA of your simple and wholly innocent mistake. The only way you'd ever get in trouble over this is if the DA believes you sent in the wrong evidence on purpose and are only trying to withdraw the... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Need to know why an inmate has a bond 390,000 for 3 misd. And 1 felony

His gps was defective and pretrial kept saying he was leaving his home

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Feb 25, 2021

Sorry, not nearly enough information to begin to try to answer your question. That said, there are some counties in Texas that use the bond system to punish accused persons, a practice that is wholly illegal. Or maybe your inmate deserves bonds a war criminal might expect.

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1 Answer | Asked in Criminal Law for Texas on
Q: I have been charged with bodily injury to a child 3rd degree felony. I need help quick. I am innocent.

I was arrested and held at the county jail for 3 days. I need an attorney that can help me get my life back. I'm located in North Texas .

Deandra M Grant
Deandra M Grant answered on Feb 25, 2021

Please call my office to schedule an appointment. 972 943 8500

1 Answer | Asked in Criminal Law for Texas on
Q: Is theft of services for the electric company for 900$ a felony or a misdemeanor
Rick  Davis
Rick Davis answered on Feb 22, 2021

In Texas, based on the value of the services that you listed, it would be a Class A misdemeanor.

3 Answers | Asked in Criminal Law for Texas on
Q: How much time am I facing if I violate a protective order? And what can I get probation?
Rick  Davis
Rick Davis answered on Feb 21, 2021

Generally speaking, in Texas Violation of a Protective Order is a Class A misdemeanor punishable by up to a year in the County Jail, a $4000 fine or both.

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1 Answer | Asked in Criminal Law for Texas on
Q: I got a poss w/intent to deliver meth conviction in 2000. Can I get this expunged in Arkansas. It's a class y felony
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 20, 2021

Texas convictions can't be expunged unless they are overturned on appeal or pardoned by the Governor of Texas. If your case was in Arkansas then remove this question and re-post it with your location set to Arkansas... even if you are currently in Texas the legal work must be done in Arkansas.

1 Answer | Asked in Criminal Law for Texas on
Q: I’m on a pre trial diversion agreement. It’s states for me to do a 32hr class. But probation wants

Me to do a 36hr/18wk long BIPP Class. Probation says no 32hr BIPP class exist. Can they do that?

Stephen A. Nicholas
Stephen A. Nicholas answered on Feb 18, 2021

I'm not sure where you are in Texas, but, in general, pretrial diversion, when the person qualifies and it's offered and you're in the program, is a gift that can be taken away for the slightest infraction or perceived infraction (from the viewpoint of the program leader). It's... Read more »

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Is a weed container narcotic paraphernalia?
Grant St Julian III
Grant St Julian III answered on Feb 18, 2021

Texas Health & Safety Code Section 481.001 (17):

Drug paraphernalia" means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing,...
Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Yes my boyfriend was arrested and charged with felony assault and battery charged but arkansas has a hold on him in ark

I have filed a affidavit of no prosecution where he is how long can tx hold him for extradition

Grant St Julian III
Grant St Julian III answered on Feb 18, 2021

The affidavit of non prosecution doesn't keep Texas from filing criminal charges. Did your boyfriend sign anything about a waiver of extradition? Call an attorney. Good luck

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Consent was Not given and yet dr did anyways!

If dr was told not to do what he suggested should be done, and told primary dr has already addressed, yet dr does anyways leading to loss of limb! What can be done when consent was NOT given

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 14, 2021

The location on this question is marked "Bixby, Oklahoma" but it is appearing in the forum for attorneys in Texas. If this event did not occur in Texas then please re-post your question in the Oklahoma forum.

The question is marked Criminal Law as well as Personal Injury and...
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1 Answer | Asked in Criminal Law for Texas on
Q: Search warrent (article 18.02(1-9) issued this date january.,2021 @ 4:10 pm raid was on the19th of January was it legal?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 14, 2021

Legal how? Do you mean in the issuance or in the execution? Did you actually READ Article 18.02 or is this something you copied from another prisoner? The reason I ask is that this section is about the GROUND for issuance and it doesn't really address any question about the date... and your... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: I got out of prison in 2010. Can I purchase and own a handgun in Texas

My conviction was for grand theft. I was in possession of stolen property in excess of $1000

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 14, 2021

It doesn't matter which state you are in because federal law prohibits felons from being in possession of a firearm or ammunition... it is even a violation of federal law to GIVE a felony a firearm or ammunition. If you were in prison for a state crime, the state where you were convicted... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: I was arrested for assault on the elderly , my wife has filled out an affidavit of non prosecution do I need a lawyer

This was in October and epo allowed us to live together

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 14, 2021

An affidavit of nonprosecution expresses the alleged victim's WISH that the case be dismissed but the alleged victim does not have the standing to actually require a dismissal. The prosecuting attorney has the duty and responsibility to decide whether seeking a conviction ANYWAY would be in... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Is it ever permissible for a person charged with a crime in the state of Texas did not see a judge at all

Picked up on a traffic stop miniscule amount found barely enough to test was in jail 20 hours on a weekday have to do Bond supervision everyday call in to see if I have to pay to go drug test plus pay a monthly fee to the county never having seen a judge ever never been in trouble for business... Read more »

Brian Foley
Brian Foley answered on Feb 13, 2021

It sounds like you made a bond prior to your initial appearance. The first hearing that is normally held is called an Article 15.17 hearing and a county has 48 hours to complete this hearing. If you bonded out prior to the hearing the police may have not delivered your case to the district... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: How can I research a cops disciplinary record to challenge his credibility as a testifying witness
Brian Foley
Brian Foley answered on Feb 12, 2021

Make a request under Article 39.14 of the Texas Code of Criminal Procedure that the District Attorney's office disclose any disciplinary records of officers that they intend to call as witnesses in the case. If you are working on the case pro se (meaning acting as your own lawyer) you should... Read more »

2 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Can police legally unlock and search my glovebox without a warrant

I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... Read more »

Brian Foley
Brian Foley answered on Feb 12, 2021

You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: What does State's Notice Intent Intro Ex Offense mean in Texas court?

In Gregg County felony court?

Rick  Davis
Rick Davis answered on Feb 9, 2021

It means that in the trial of your case which you are facing in Court, the prosecutors intend to use other past convictions or instances of bad conduct either in the punishment phase of your trial (if you are convicted) or in the guilt/innocence phase of your trial to show intent, motive,... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Hi If I was sexually abused as a child age 8 for a prolonged time can my perpetrator be charged? I’m now 43 years old
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 8, 2021

Probably not, because of the statute of limitations. Moder law allows child abusers to be charged at ANY time, but it wasn't always that way. And once a defendant becomes protected by limitations, later changes to the law can't remove that protection.

Until 2007 the limitation...
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1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: Misdemeanor information charging document was filed with incorrect name of assistant district attorney

There were opposing cases, one case where I was a crime victim and as revenge for filing the charge, the defendant claimed I stole property from them. The case docs where I was the victim, werwre all signed by ADA with correct name (same as state bar has) But the same prosecutor filed the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 8, 2021

1. The alleged victim is not a party to a criminal case so there is no conflict of interest if the same ADA prosecuted both of you.

2. Ensure that the ADA did not actually get a new name. For example, did they get married or divorced?

3. Consult a civil attorney about the...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I am being neglected and not given any answers in regards to my felony criminal charges. I have been in custody for 3 mo

I released my court appointed attorney for not contacting me at all for 2months now after hiring an attorney I am neglected even more and left with no answers at all

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 6, 2021

That sounds like a frustrating situation. What is your question?

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