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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: How long will my husband have to serve on a 6 year sentence in Texas for a non 3g offense?

Is 6 months all that is served on a 6 year sentence in Texas? Can he be paroled from the county jail? Does the parole board typically approve first parole on a violation?

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

There is no set answer to this. Generally, we can speculate that he will serve quarter time, or a quarter of the time he was sentenced to serve if it is not a 3g offense, but that is up to the prison system and will depend on several factors. The best thing you can do for him is to get an... View More

1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Landlord - Tenant for Texas on
Q: I have a 5 yr PO; I’d like to get out of my lease. My dad is a co-signer on my apartment; will they go after him?

I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can anything be done about my felonies? I'm tired of being punished.

I was convicted of 2 felonies at age 17 for False Alarm or Report and Burglary of a Building with intent to commit criminal mischief for breaking into an empty office building and spraying fire extinguishers with some friends when i was 17 in Texas in 2013. I have not been in trouble since. I am... View More

John Cucci Jr.
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answered on Sep 6, 2024

Being a Felon is a burden. To answer your question: "Can I do anything about my felonies?", I would have to see your court records. Some felonies can be expunged, or removed from your records. However, that is available in very few situations. If you pled Guilty, and there was no... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What does bring defendant to court in person withdrawal modification plea mean

My husband is on deferred probation but he's in jail for mtag

John Cucci Jr.
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answered on Sep 5, 2024

It sounds like they will be bringing your husband to modify the terms of his deferred adjudication, or to revoke his deferred adjudication, for a violation of the terms of the same. Depending on which county your husband had pled, you can look-up his case and the status. To Revoke someone's... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I ran from Oklahoma police into Texas. Oklahoma didn't file charges on me Texas did. Texas was never in the chase.

How can tx file on me when I evaded oklahoma

Michelle  Lugo
Michelle Lugo
answered on Sep 4, 2024

This is a bit complex to answer because there is additional information needed to answer well. Whether or not Texas has legal grounds to charge you will depend on what all transpired after you entered Texas and what the State of Texas is charging you with. If it is evasion in Texas, then perhaps... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If I paid an Attorney At a law office by phone $7,500 to represent me in a criminal case and when I showed up to court

He did not have any information for, didn't remember he was representing me, hasn't shown me any evidence pertaining to my case, wants me to sign for the probation offered, and doesn't even work at law firm I pd the 7500 to and no one there even attempted to let me know he was no... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

Wow! The manner by which you were treated is terrible and unethical. To start, your lawyer should have had you enter into a written Retainer agreement, which should have basic language explaining the reason and scope of the attorney representation. If you hire an attorney and he has other... View More

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: Can a city employee file charges for disorderly conduct against someone using foul language?

I am an employee for a city in Texas. I have been repeatedly harassed by one of the residents. Today, while taking a walk during one of my breaks, the resident pulled up next to me, slowed down, and started shouting swears at me. I know that Police Officers cannot be "offended" by foul... View More

Madolyn García Falone
Madolyn García Falone
answered on Aug 29, 2024

Other citizens aren’t pressing charges, only DA’s offices can do that. And while it’s annoying to deal with someone shouting curse words at you, it’s harder to establish whether that’s actually illegal conduct. You can report that behavior to the police and let them know that it’s... View More

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I would like to know what steps are needed to take to file a lawsuit against Johnson co PD for wrongful arrest

I believe there is more than enough evidence to not only have the charge dropped but to file (and win) a lawsuit against Johnson co cleburne PD

John Michael Frick
John Michael Frick
answered on Aug 22, 2024

First, you need to clearly win any criminal case arising out of the arrest. By "clearly win" I mean you need to get the charges dismissed, be no-billed by a grand jury, or be found not guilty at trial by a jury.

Second, gather together all of the evidence proving the arrest was...
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3 Answers | Asked in Criminal Law for Texas on
Q: Will they explain to me what will happen if i plead guilty before i plead for my class c misdameanor

I have a possession of drug paraphernalia citation and i want to know if when i go to court to plea tomorrow if they will explain to me what will happen if i plea guilty before i plea

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

Good Afternoon!

If by "they", you mean the Judge or the Prosecutor, they will, but they will not give you advice on what your options are or what you should do. For that, you need a defense attorney. Do not plead guilty as there are other avenues. You do not want this to...
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1 Answer | Asked in Criminal Law for Texas on
Q: If a felony charge on my record says deferred, is it still a conviction?

If not does that mean I can put that I have not been convicted on a job application?

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

We don't know what your criminal record says, or what the context is. That said, deferred adjudication, by definition, is not a conviction. Deferred adjudication is when the court agrees not to convict you for the crime you've been charged with so long as you can stay out of trouble in... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: can a family assault strangulation charge charge/worsen if the victim is a minor and he’s still awaiting pre trial

he is 25 and i am 17 we’ve been together for a year and i did not call it in it was a traffic stop where i was bleeding and found in the car with him. he also got caught with hard drugs. i said i did not want to press charges but the state did anyways

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

If by "we've been together for a year" you mean that you, then 16, and he, then 24, have been in a sexual relationship, then yes-- things can certainly get worse for him because he can be charged with various sexual crimes against a minor. I can picture the charges being aggravated... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: How can you find someone to help get a bond reduced especially when the bond is way excessive

The bond is set at $1 million dollars for a first time ever getting into any trouble. Has no prior record and has not seen a judge at all. Also like how much does it cost

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

There is no guarantee that bond will be reduced as the result of hiring a lawyer because the bond isn't set by the lawyer, so the lawyer doesn't have the ultimate power to reduce it. That being said, a lawyer can consult with you and give you a better picture of what they believe they can... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Is it possible to have charges dropped from someone? The charge is Felony aggravated assault w/ a deadly weapon.

I am the victim in the case and I don't want the person to go to jail/prison or get prosecuted.

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

You can file what's called an "Affidavit of Non-Prosecution," which is basically you telling the DA's office/prosecutor that you aren't willingly going to cooperate in the investigation and prosecution of the crime in question, and that you would like to see the charges... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I was convicted and sentenced for a Class C misdemeanor in 1998 to 20 years. I spent 23 years in prison for that.

At that time a Class C misdemeanor is/was the only Class of misdemeanor that was unable to be enhanced!!!

John Michael Frick
John Michael Frick
answered on Aug 13, 2024

You should have retained an attorney who practices in the area of criminal appeals. In 1998--as is still true today--a conviction of a Class C misdemeanor does not carry a jail or prison sentence. An appeal asserting that you received a sentence outside of the range of punishment for the offense... View More

1 Answer | Asked in Sexual Harassment and Criminal Law for Texas on
Q: What do I do if someone black mailed me into nudes and now is harassing me and trying to ruin my life with them

They know all of my personal information and even somehow figure out who I’m friends with at my college I’m about to start at that they would have no way of knowing. I’m currently 18 but was a minor when all of the original blackmail to recive the nudes they have took place.

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Blood search warrant had a typo in the name. What will happen can I sue the police department?

Stopped and arrested for dwi

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

A typo does not necessarily invalidate a warrant. Generally speaking, you cannot sue police for stopping you and arresting you for DWI even if you are ultimately found not guilty. Theoretically, you could sue if you can show the officer knew you from outside of his occupation as a police officer... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What can happen to me for dumping trash

I was helping my son earn money and he had to haul some trash. I wasn't sure what to do with it and was afraid to burn it so I drove and my son threw it off the truck in a pile on the side of the road.

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

You can be cited and charged with illegal dumping which ranges from a Class C Misdemeanor if the quantity was less than 5 pounds and less than five gallons all the way up to a state jail felony if the quantity was 1,000 pounds or more or had a volume of 200 cubic feet or more. At the bottom end,... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My cousins truck was stolen. What do I do he's in jail and I have no vin # or title just a picture of the license plate.

The truck was stolen Wednesday July 24th 2024.

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

You should call the police and report the vehicle as stolen using the license plate number and giving them your cousin's name. Vehicle registration records will tell police the VIN.

You should visit or write your cousin to determine who his insurance company is and assist him in...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Texas on
Q: Can a non violent convicted felon have their Second Amendment rights restored, after the 9th circuit ruling?
James L. Arrasmith
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answered on Jul 21, 2024

Yes, it's possible for a non-violent convicted felon to have their Second Amendment rights restored after the recent 9th Circuit ruling. This ruling could pave the way for many non-violent felons to seek restoration of their gun ownership rights. The court recognized that not all felonies... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Employment Law for Texas on
Q: What is the line between fraud in performance evals resulting in adverse empl. actions when material facts are wrong?

If a manager and 2 up knowingly are materially fabricating facts that can be proven definitively by evidence, but yet the company (publicly traded) takes adverse actions based on those fabrications does the employee have a case and is there a chance depending on how egregious the matter to turn... View More

James L. Arrasmith
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answered on Jul 21, 2024

If your employer knowingly fabricates material facts in your performance evaluations, leading to adverse employment actions, you may have a case for wrongful termination or defamation. Proving that the facts were intentionally falsified with evidence can strengthen your case significantly. You... View More

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