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Texas Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: A friend has been charged with aggravated Kidnapping involving a victim being murdered. This is his first time offense

At the moment he’s only being charged with aggravated kidnapping however one of the victims was murdered during the kidnapping what is the ideal sentencing if found guilty

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 22, 2020

Murder during Kidnapping is one of the ways to commit the offense of Capital Murder. So, if they actually charge him with that and win a conviction, the only possible sentences are Life Without Parole or Death. An exception is if he was age 17 or younger at the time of the offense, in which case... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: My step daughter is 18 years old first time arrested she was transporting illegal immigrants Del Rio Tx.since Nov16

I don't what to do we live in Austin Texas. It' s her first time being arrested she's 18 yrs. of age. And not knowing any information it's devastating. Not even a call. We didn't know she had lefted out to Del Rio

Edgardo Rafael Baez
Edgardo Rafael Baez answered on Nov 19, 2020

I know the feeling but her lawyer should be able to tell you something about your daughter. Blessings!

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: If my brother left his weapon at the house in a rush and resulting in my partner getting charged for it.

Will a affidavit help at all in court cause its my siblings but my parter is already a felon ..

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 12, 2020

It might. You would increase your likelihood of success if you got a criminal defense lawyer involved.

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is a person that is leasing land from the owner alowed to press charges on a person or does it have to be the owner

Charge is taking wildlife without owners consent

Grant St Julian III
Grant St Julian III answered on Nov 7, 2020

Anyone can call the police and file an incident report on anyone else at anytime, anywhere. The police will determine if criminal charges will be filed.

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1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Texas on
Q: Do you guys do criminal cases pro bono

It also involves fraud,human trafficing,child trafficing, and also the human trafficing is also gang related

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

Lawyers have mouths to feed, salaries to pay, rent to earn. The only pro bono attorneys are the public defender. Apply for one. Your case is very complex.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Texas can a 21 year old have sex with a 17 year old?
Ty Czapla
Ty Czapla answered on Sep 23, 2020

Yes. 17 is the age of consent.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Under what circumstances can a state charge of aggravated assault be raised to a federal charge

Was told if the statue of limitations have run out with no charges filed..(3 yrs in tx) that the prosecutor could end up trying to make it a federal charge since the statue of limitations has run out for a state charge.

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 14, 2020

You might not want to tell the prosecutors yet, but the limitations period on aggravated assault and aggravated perjury is only TWO years. See article 12.03(d) of the Texas Code of Criminal Procedure. I'm not aware of any federal assault statute, but they might have jurisdiction if the... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Tx can a 21 year old have sext with a 17 year old?
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 11, 2020

A 17-year-old is old enough to consent for the purposes of Sexual Assault and Indecency but if the state was really aggressive the 21-year-old could still be charged and convicted for felony Sexual Performance of a Child under section 43.25 of the Texas Penal Code.

3 Answers | Asked in Criminal Law, DUI / DWI and Federal Crimes for Texas on
Q: 5 yrs after completing probation a felon of a DWI is allowed to have gun rights back. Am I allowed to hunt with shotgun

I completed my probation in 2013 and in 2018, by Texas law, I am allowed my gun rights back. From what I understand, A felony DWI in Texas is not a Federal crime, so that would mean that In Texas I would be allowed to hunt with a rifle or shotgun, correct? I just need some clarification.... Read more »

Grant St Julian III
Grant St Julian III answered on Aug 24, 2020

Federal law prohibits a convicted felon from ever possessing a firearm of any kind

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3 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is it possible for a 17 year old to press charges on a 20 year old without parents knowing?

I fought a girl, I’m 17, she’s 18 and her girlfriend that is 20, soon to be 21, punched me out of nowhere after the fight. Many people posted it all over social media so I have the video. I did not swing at her or anything she just punched me,pushed a tooth back, busted my lip and now my mouth... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 23, 2020

You can press charges and ask the police to only contact you on your cell phone or via personal email. That may minimize the likelihood that your parents find out that you are pressing charges. However, the filing of charges against someone is usually public record. Whether your parents find out... Read more »

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2 Answers | Asked in Civil Rights, Criminal Law and Federal Crimes for Texas on
Q: Is it legal for a drug dog to do a free range sniff search when the police extentionally left the car door cracked open
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 16, 2020

You really haven't given me enough info to answer the question. What drug did the dog smell? If it was marihuana (that's the way we spell it in Texas Penal Code), believe me, the dog didn't need the door to be cracked to smell it. I can smell it with the doors closed, as strong as... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Texas on
Q: Can state take your st. time if picked up by the feds for conspiracy had a 28 yr state sentence did 8 yr been out for 10

He didnt catch any charges its all ghost dope hasnt been in any trouble in 10 years been in feds for 2 years and state just now decided to give him 23 years took his 10 years street time why can they do that would a parole attorney help any

Grant St Julian III
Grant St Julian III answered on Jul 25, 2020

I am not exactly sure of the situation. Call the attorney of record for the defendant for clarification

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Will a felony charge disappear on its own after a certain period of time? And can i get a charge removed from my record?

My boyfriend was selling pot in san angelo texas. My boyfriend admitted everything was his, nothing was mine. The DEA agent who was there told him point blank we can see from your phone and hers she has Nothing to do with this but because the car we pulled you over in and the apartment where the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 23, 2020

No, arrest records never disappear automatically no matter how long you wait. However, if you were arrested for a violation of Texas law then you will become eligible to file for expunction in 3 years and you can seek expunction sooner if a prosecutor with jurisdiction over the case either... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Who/where do i contact to get a copy of proof of dismal of my charges in san angelo texas?

My boyfriend was selling pot. The DEA agent who was there told him point blank we can see from your phone and hers she has Nothing to do with this but if you dont roll we will charge her as hard as we can. 6 months later i got a letter in the mail said charges were dismissed due to lack of evidence... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 21, 2020

If you were arrested by state or local police in San Angelo, and felony charges were filed against you, then the signed dismissal (and other documents related to your arrest) should be in the office of the "District Clerk" for Tom Green County. Misdemeanor records should be in the office... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for Texas on
Q: Is there a way to fight this?

The police arrested me for a burglary of an inhabitants charge while removing jointly owned property from a motel room. When they got me to the facility they found a tiny bit of pot on me that I had found in the room. Arresting me for burglary was erroneous. But can they drop the burglary charges... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 13, 2020

There are a bunch of rules regarding the admissibility of evidence. You should NOT post any more details about your case online but you SHOULD read about the "exclusionary rule" and the doctrine of "the fruit of the poisonous tree." Be sure to also read about the exceptions,... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I helped a friend file a 2255, the judge found merit ordered US Attorney to answer within 60 days, he did not. Now what?

My friend in custody filed a motion 2255 and the judge found merit in her claims, he ordered the state to answer her claims outlined in the 2255 with in 60 days. The sixty days are up and the state did not obey the court order within the time allotted. So my question is, should she file a motion to... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 25, 2020

Next might be a hearing so your friend should hire an attorney or ask the judge to appoint one.

1 Answer | Asked in Criminal Law, Federal Crimes, White Collar Crime and Gov & Administrative Law for Texas on
Q: Can I hold a code enforcement official accountable for making false accusations, criminal

Code enforcement made a false accusations and had our water turned off,his accusation was that there was a water source going into a RV that is used as storage,he went as far as to say that he had pictures, which he couldn't of had because there is no water going into or out since it was... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 23, 2020

The offense of TAMPERING WITH GOVERNMENTAL RECORD is defined in chapter 37 of the Penal Code which is available online here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.37.htm#37.10

There might be a problem proving that it was intentional rather than accidental or negligent. Also, a...
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1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Texas on
Q: What kind of attorney protects you from fraud, being framed with assistance from the court clerks creating documents,

The court is aiding my house being stolen. The wrap deed of trust was actualy a sale to the county trustee. I have proof of fake documents from court.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 8, 2020

Schedule a consultation with a local Real Estate Attorney.

1 Answer | Asked in Criminal Law, Personal Injury, Communications Law and Federal Crimes for Texas on
Q: Neighbor tempering jamming my security system and using electricity to transmit better from my camera system I have proo

Neighbor using electricity to transmit and receive data new technology to my camera system. I have proof on video.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 6, 2020

Consider building a "Faraday Cage" around your electronics to prevent unwanted interference from outside electromagnetic waves. A modern approach is to use EMF shielding paint... it is even available on Amazon.

Warning: Totally blocking external electromagnetic waves in your...
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