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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Can a person who is in unlawful carry of a weapon claim self defense? what is the unclean hands doctrine mean?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 26, 2022

You could claim self defense but you can't be the aggressor

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and White Collar Crime for Texas on
Q: How can I get a transcript of court proceedings in 1991 in Bell County Tx.? Also a copy of conviction in it's entirety i
Stephen A. Nicholas
Stephen A. Nicholas
answered on Sep 25, 2022

To obtain a transcript, contact the court reporter if the court in which the case was heard. That would be the starting point for the transcript. 31 years is a long time to retain a transcript, depending on the type of case & what happened in the case (appeals, etc.). A copy of the conviction,... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: My niece is on parole and claimed this as her residence when released how do I remove her from my home

I didn't give my niece permission to live here and now I've got problems with her behavior parole board is coming to search premises because I've complained about her being here. I'm not equipped to care for financially or otherwise to have her here shes aggressive, difficult,... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 24, 2022

Unfortunately, if she has been staying there for over 30 days, you will have to evict her or make a claim that she is violating her parole conditions. If you do the latter (Parole Vio.), she will go back to prison.

Maybe you should tell her she had better find a new place, or face a...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My fiance is 66 and disabled and has serious health issues. Is there any way I can get him medically released from jail

My boyfriend health issues are as follows. High Blood Pressure, COPD,Severe Back and knee problems, Arthritis, Sleep Apena and Congested Heart Failure. Is there any way he can get medically released because of his health

John Cucci Jr.
John Cucci Jr.
answered on Sep 23, 2022

MRIS is a program in the texas department of Corrections that allows for screening and movement into a more medically intensive environment for a prisoner. There is a process to get evaluated and then the Doctors and /or administrators decide what measures of care and/or even release, would be best... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: My kids dad was a resident but he got into trouble in 1997-1998 he left to Mexico and wasn not able to renew his residen

Is there any possibility he can return to the United states?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

He would need to have the means to re-immigrate to the United States and apply for an immigrant visa to return. However, depending on what type of “trouble” he had, he might not be eligible for the visa. You should discuss his case with an immigration attorney to determine if he has a... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Banking and Identity Theft for Texas on
Q: My roommate came home yesterday with cashiers check made out to him with his name misspelled the cashiers check was for

$34,000. The next morning he took it to his boss to get advise. His boss told him to just go home and then meet him at his house at 2pm and he (the boss) would take him to cash it. At some point the boss told my roommate that he would give him $1000. So he then comes home and tells me everything... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 19, 2022

Roommate needs to find a new boss. Don't cash check or he will be in jail

1 Answer | Asked in Criminal Law for Texas on
Q: Can a Texas judge refuse to hear a motion? DA is offering a plea contingent on not having my motion to quash heard.

I have had a motion to quash submitted for over a year now. I am in pre-trial settings and the judge is refusing to hear my motion until the day of trial. Because of this, the DA is not going to offer their current plea if i wait until trial date to have my motions heard. I only want to plea if the... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 15, 2022

It is allowable to have a Motion witdrawn as part of a plea negotiation and deal. In otger words, you can withdraw your motion to get an acceptable deal. The DA can also withdraw a deal if you decide to go forward with a Motion. The idea is that a Motion takes time and effort and other work.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Libel & Slander and Wrongful Death for Texas on
Q: My so was wrongfully convicted double jeopardy and also denied when he filed for an appeal.
John Cucci Jr.
John Cucci Jr.
answered on Sep 15, 2022

Not sure what your question is. If you can ask exactly what your issue or question is I will be glad to answer for you. Otherwise please call my law office or another experienced criminal attorney for an appointment. Please have the appeal decision ready for any questions.

Good Luck!

1 Answer | Asked in Criminal Law for Texas on
Q: What do you file- I guess to challenge/get thrown out- a Motion to Adjudicate guilt

Its for a communnity supervision deferred adjudication misdameanor probation, it was originally a felony - The probation officer said I violated my probation but I can prove I havent, they already filed a motion to adjudicate guilt. Can I file a motion to quash the motion to adjudicate? Or maybe a... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 14, 2022

You need to hire a lawyer asap.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If I bought a gun and it was stolen but not reported, what are the risks? What are the solutions for legal trouble?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 14, 2022

You can be arrested for possession of stolen property

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: Is this double jeopardy?

If a plea deal from a criminal assault case was accepted and done, can the Plaintiff sue in civil district court for exemplary damages or this double jeopardy? Count one is assault (family violence) count two is intentional infliction of emotional distress. This case was filed before the plea deal... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

No. The disposition of a criminal case does not affect the right of the victim to sue for civil damages in a separate civil lawsuit. Double jeopardy only prevents a person from being prosecuted twice for the same crime.

Exemplary damages can be recovered for a tort like assault if the...
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1 Answer | Asked in Criminal Law for Texas on
Q: I tried to get out of my vehicle with my purse officer would not allow me to get out with it can he search it if I give

Consent to search the vehicle I did not give consent for purse

John Cucci Jr.
John Cucci Jr.
answered on Sep 6, 2022

I am curious as to why you were stopped by the officer. The context would probably matter in your situation.

I hope this helps.

1 Answer | Asked in Criminal Law for Texas on
Q: At a traffic stop by k9 officer he mage me leave my purse in vehicle I felt intimidated into consenting because if I

Refused the search the dog would of been used anyway. Can they search my purse because he made me leave it inside the vehicle

John Cucci Jr.
John Cucci Jr.
answered on Sep 6, 2022

In a regular traffic stop, an officer may ask you to exit your car for officer safety. The dog may not enter your car at first. The dog may sniff the outside of your car, if it shows a HIT, then the officer has probable cause to search your car.

The officer may not, in usual circumstances,...
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1 Answer | Asked in Criminal Law for Texas on
Q: A JUDGE HAS PREVIOUSLY PRESIDED OVER AND SENTENCED AN INDIVIDUAL CAN HE LATER ACT AS A MAGISTRATE JUDGE AND SIGN SEARCH
John Cucci Jr.
John Cucci Jr.
answered on Sep 4, 2022

Unless there is a "legal reason" to have the judge recused, then the judge can preside over any case assigned to him/her.

Legal reasons are:

Judge has a personal interest in the case;

Judge had previously acted as a lawyer in the case;

Judge has exhibited...
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1 Answer | Asked in Criminal Law for Texas on
Q: Friend flashed a gun @ someone and I was there.. will I be charged as an accessory

My friends and I were walking through a parking lot and came across a guy that I have previous beef with. My friend asked him for a lighter because he didn’t know who he was and when the guy recognized me he started talking trash. My friends and I trash talked him back but never stopped walking.... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 3, 2022

Mere presence is not enough to get you charged

1 Answer | Asked in Criminal Law for Texas on
Q: If someone signed to do trial by judge does the statue of limitations still count

It’s been since 2018 that they signed

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 3, 2022

No statute of limitation is over the day you are charged. Speedy trial may apply in limited cases

1 Answer | Asked in Criminal Law for Texas on
Q: If I hired a contractor and he doesn't finish the job and I still owe him the last 10% can I take him for criminal

If i have several people can we get him for criminal

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

Probably not. Not completing the performance of a construction job is not a crime.

The retainage (that last 10%) is your protection from a contractor who does not finish its work. After giving the appropriate notices and opportunity to complete the job under your agreement, you can use...
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1 Answer | Asked in Criminal Law for Texas on
Q: My girlfriend got arrested for possession and distribution manufacturing of an controlled substance.

She had a pipe and several baggies with trace amounts in each. Less than a 1/4 gram in total. She's never been in trouble before. What can we do?

John Cucci Jr.
John Cucci Jr.
answered on Aug 30, 2022

The best thing to do is not talk to police. Each county in TX has it's own way of handling drug cases.

Most go easy on a 1st offender. You should hire an experienced attorney who knows how to handle her case and keep the matter OFF her Record. It is still possible to walk away from...
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1 Answer | Asked in Criminal Law and Business Law for Texas on
Q: I have a direct sales business. I have ordered from a person in past. In july i mentioned i would be needing more soon.

So she made them at that time and billed for them. I have not paid and have not received. Is this fraud

John Michael Frick
John Michael Frick
answered on Aug 29, 2022

No, you are not likely guilty of fraud based on the facts as stated.

This is more of a civil law question than a criminal law question. While there are many nuances to fraud, it usually requires a false representation of material fact which you knew was false or which you made recklessly...
Read more »

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