Lawyers, Answer Questions  & Get Points Log In
Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Could you tell me my worst case scenario vs my best case scenario?

Hi I just caught a case these people tried to run me off the rode and followed me home so I shot my gun in the air And the cop told me it hit their van but no one was injured and I could call the police because I was crying and scared for my life they were laughing and they basically tried to run... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 24, 2021

Sounds like a potential self defense with maybe a little defense of property added for good measure (the property being your home.)

Anyway, the worst case is 20 years in the state penitentiary, a $10,000 fine, and a felony conviction that results in permanent loss of firearm rights....
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: So my boyfriend was arrested for a warrant that he knows nothing about, where can he find information about his case

He was told at the jail that a complaint was filed by someone at his mom's house whom he hasn't seen or spoken to since 2017,all he knows is that it's theft of property,

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2021

The clerk's office in the county where the charge originated has an affidavit explaining exactly why law enforcement believed there was probable cause for an arrest warrant. That affidavit is considered a public document so you should be able to obtain a copy of it for a nominal fee.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: one party consent I recorded a conversation while waiting for someone to reply is this illegal?

The manger picked the phone up and put it down so I would stop calling i did call a lot I couldn’t leave a voicemail it was full I had a medical referral question she than processed to have a full conversation with a coworker while I was left on the line in my irrational I recorded the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2021

Yes, or it is close enough for "probable cause" to justify criminal charges. That said, your intent is an element of the offense AND you can also raise an affirmative defense based on the fact that a party to the communication consented to the recording by intentionally leaving the line... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Rented rims from rent a tire now felony theft charges

In Aug I was put in the hospital with covid and kidney stones. Told them in Aug to come get the rims. Never got a letter in the mail only text messages and they never came for the rims. I paid over half of what was owed. Only owed 1600 in Aug. What can I do about them pressing felony charges. I... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2021

You can't really DO anything about the fact that you were accused. Anyone can be charged with any crime. However, you can only be CONVICTED if you enter a plea of Guilty or No Contest or if the prosecutor can prove EVERY element of the offense beyond a reasonable doubt to a unanimous jury.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Does statue of limitations apply to misdemeanor paraphernalia charges

I received a ticket for a weed grinder in2010 there just now trying to collect I never went to court it's been 10 years

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 20, 2021

Yes, they have 2 years to file the formal charging document, but that often happens within the first month. Once the document is filed, the timer on the limitations clock stops ticking.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: My ex-husband is currently in jail on a MTR. He had a hearing for motion and order to dismiss. What does this mean

His original charge was F/V impeding breath in Texas. He was on probation for 2 years and got a violation for poss. Of Marij. So they revoked him and jailed him. He’s been in jail for a few months now with no bond, he has a MTR hearing in November. But recently had a motion and order to dismiss... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 19, 2021

You are incorrect when you say "they revoked him". They did not revoke his probation. They (the prosecutors in his case) filed a Motion to Revoke his probation and he is waiting for his hearing on that motion. Only the judge in his case can revoke his probation.

You should ask...
Read more »

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Can I file a lawsuit against the police department for a false arrest?

Was exercising my freedom of speech on a public sidewalk. Someone called the cops said I trespassed which I didn't. I had everything filmed on a body cam. Officer shows up and arrests me for a noise ordinance violation. We then get to the jail and he changes the charges to criminal trespass.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 19, 2021

Talk to an attorney who focuses on federal civil rights lawsuits under Section 1983.

View More Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Gun rights in Texas for a sealed record in Arkansas
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 13, 2021

Federal law gun laws are often more restrictive, especially for cases involving domestic violence.

1 Answer | Asked in Criminal Law for Texas on
Q: i have been followed and watched for close to two months i believe by the DEA,but they wont speak to me .. why?

they also wont come knock on my door or any other house i may be at and i have even pulledin to the police station while followed but they dont come in why?

John Cucci Jr.
John Cucci Jr. answered on Oct 12, 2021

So if you are being watched, because you are conducting criminal activity, stop. Then 30 days later you will not see them again.

If you want to know if you are the target of an investigation, you can hire an attorney to contact the agency, and ask if you are truly a target. There may be...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is it worth it trying to fight a Class C "Shoplifting under $100" citation without a lawyer?

My friend and I went to the grocery store together, used the same shopping cart, and the same self-checkout, but I asked her to scan my groceries for me after she did her own, while I was on my phone next to her, and not paying attention to her. She underrang items from both lists, and we both... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

Theft is a crime of moral turpitude so you don't want that on your criminal record, even if it is "only" a class C misdemeanor. It is ALWAYS best to have an attorney on your side, but this is something a traffic ticket attorney can probably handle (cheaper than a criminal trial... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How would I go about seeking a possible reduction in sentence?
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

If it has been less than 30 days since you were sentenced then contact your criminal defense attorney immediately. If it has been more than 30 days you'll need to consult an attorney who handles appeals and other post-conviction remedies.

1 Answer | Asked in Criminal Law for Texas on
Q: I'm being charged with UNAUTHORIZED USE OF A MOTOR VEHICLE. MY ? IS, THE PERSON WHO GAVE ME PERMISSION, HAD NO IDEA

The vehicle was stolen. He has a b.o.s. from the guy he got it from. Am I in trouble bc if he, my friend didn't know, how could i?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You have the right to insist that the prosecution prove every element of the offense, beyond a reasonable doubt, to a jury. The definition of the offense is:

"A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Texas on
Q: Can I be trespassing

I live in Texas and me and my wife are separated but not divorced she still had all my property at her house I had a detective called me and told me that if I show up there I will be arrested for criminal trespassing can I legally do this even though she’s in possession of all my clothes and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You can be arrested and charged with any offense that the detective believes you committed. If that happens, a proper defense will be stressful and expensive. You would be wise to spend your time and money on a divorce attorney to get access to your stuff in a manner approved by the court rather... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Government Contracts for Texas on
Q: Is it legal for a Texas probation officer to lower the cut off levels on a drug test (UA) for specific probationers?

My Texas probation officer testified in court that he “contacted the ‘lab’ to make special drug tests, set a lower cut-off levels for certain probationers” if he thought abuse had occurred. Is that illegal??

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You should always try to stay on your probation officer's good side while at the same time remembering that the judge is actually the final authority on what to do about any alleged violations. It is important to get your own attorney if they attempt to revoke or modify your probation.

1 Answer | Asked in Criminal Law for Texas on
Q: What evidence is admissible on behalf of the defense for a probation violation hearing?

I understand in Texas, when probation is violated the courtroom rules concerning evidence are relaxed to a preponderance of guilt, but what about the defense?

Specifically WHAT evidence is admissible on behalf of the defense during a probation violation hearing?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

The normal rules of evidence still apply and it is up to the judge to decide how much slack to give you on that. The rules are WAAAAAY too complicated to even begin to list them here and they are something an attorney spends years mastering so having an attorney on your side can be crucial when... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If you were accused of stealing even though you walked out of the store with nothing what are my rights

My husband was accused from stealing from Walmart when he came out to our vehicle they made him go back inside even though he didn't have anything with him and they called the cops

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You have the right to make them prove every element of the offense beyond a reasonable doubt to a jury. You also have the right to hire an attorney to assist your defense. If you are indigent, you have the right to ask the court to appoint an attorney.

1 Answer | Asked in Criminal Law for Texas on
Q: In Texas, does the law say that the Grand Jury must reflect a representative cross-section of the community.

This is my fourth time to ask this question and no one wants to answer or knows the answer I guess. Is it unconstitutional if the make up of the Grand Jury doesn’t represent a cross-section of the community? Say the community is 50% Hispanic, 30% white, 15% black and 5% Asian then you can’t... Read more »

John Cucci Jr.
John Cucci Jr. answered on Oct 9, 2021

Your question does not have a perfect answer. Texas Criminal Procedure Law Chapter 19A details the qualifications of grand jurors. There is no specific provision that mandates a cross-section of ethnicity on the Grand Jury. However, the 14th Amendment to the US Constitution does allow for a... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: In Texas are you able to revoke a bond as the co-signer
John Cucci Jr.
John Cucci Jr. answered on Oct 9, 2021

When you sign a bail bond you are obligated to pay whatever it says in the contract that you sign with the bondsman. Every bond is made with a written agreement. If you are signing a bond agreement, the written terms of the agreement are your obligations. However, if the bondsman allows you, he can... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I BELIEVE MY 4TH AMENDMENT CIVIL RIGHGS WERE VIOLATED I HAVE A FELONY CHARGE AS A RESULT

he was my x brother in law he told me to step out of the vehicle patted me down then stuck his hands in my pockets then searched my vehicle i had a cigarette pack and he snatched it from me and found drugs inside the pack he had no reason to do any of this other than to harass me because we never... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 6, 2021

Well, if your ex-brother-in-law didn't have a legal reason to pull you over, then your rights may well have been violated. Even if he had reason for the stop, if you didn't consent to the search of your vehicle and he had no probable cause independent of consent, again, you may have a... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a Class A misdemeanor (theft) charge be enhanced to a 3rd or 2nd degree felony. For a repeat habitual offfender?

Individual has been to prison X2 for theft and a fraud crime and numerous small thefts . His lawyer keeps telling him they can do this but I can't find no where in the law books were such is alowd asept for a dwi

John Cucci Jr.
John Cucci Jr. answered on Oct 5, 2021

Hi:

Your question can be generally answered but I would need to see the "charging instrument" or Information, to give solid legal advice. Nevertheless, Misdemeanor crimes can have the sentenced enhanced or extended through Chapter 12 of the Penal Code of Texas. Thus, if you have...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.