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Texas Federal Crimes Questions & Answers
1 Answer | Asked in Communications Law and Federal Crimes for Texas on
Q: Recording Consent

If you live in a single party consent state Texas and another person lives in a dual party consent state (CA) can you record them if you are on a call with them (i.e. you are in Texas and are the single party that consents to record the call).

If the person in CA records the person in Texas... Read more »

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

Under Texas law, the State of Texas will not prosecute you for recording a conversation if you are a party to the communication or have the consent of at least one party to the communication.

Under California law, the State of California may prosecute you for recording a conversation unless...
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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Texas does the defendant need to be in the same county as the arrest has taken place?

I was arrested for online solicitation of a minor under 14 in a police sting. The communication was taking place on a app and I was in Harris county and the officers were Montgomery county, there was a meet setup and the meet up was in montgomery county and that was where i was arrested. In 2008... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 17, 2023

Your question leaves out some possible scenarios. Sometimes all the actions of the defendant must occur in the same county. There are also possible crimes, including solicitation, that can result in a conviction, even if one of the elements or other actions of the defendant do not occur in the same... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Texas does the defendant need to be in the same county as the arrest has taken place?

I was arrested for online solicitation of a minor under 14 in a police sting. The communication was taking place on a app and I was in Harris county and the officers were Montgomery county, there was a meet setup and the meet up was in montgomery county and that was where i was arrested. In 2008... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 15, 2023

Harris county could arrest you if Montgomery does not prosecute.

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1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: Does the state have to file a motion to reindict under a new cause and if so, which action comes first?

If a case was dismissed can a person be reindicted for the same case? And if so, what is the process regarding motions and cause numbers, which comes first the motion to indict or the cause number, can a motion be filed after the indictment or before?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 16, 2022

Yes, it would be a new cause number and they can try to indict, You could prepare a grand jury packet so retain a lawyer,

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I’m writing a book about a hacker exposing a corrupt corporation. Can the hacked info be used to prosecute?

I want to know if someone can be arrested, tried and convicted based on information leaked from a third party? I’m doing some research for a book I want to write that revolves around hacking a corrupt corporation and have the information leaked. It wouldn’t be government related so there... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Dec 11, 2022

No matter how you expose criminal activity, there will be consequences.

Be careful!

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: when i am filling out any application they ask me about my criminal record but not sure if its a yes or no

hello i was arrested in Texas, Harris county because i was drifting at a street take over and the cops charged me which deadly conduct (felony) and they seized my car, once i was booked in the DA dropped the charged down to a reckless driving (misdemeanor) and i was out on a PR bond. my lawyer got... Read more »

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

From your description, it sounds to me like you received deferred adjudication for reckless driving. Reckless driving is not a felony. Technically, it is also not a Class A or B misdemeanor; it is a hybrid offense.

Answering no to both questions might be perceived as being dishonest by...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Comments on the next court date says CW Contact/Interview? What could this possibly mean?

This is the fourt court date within a months time frame.

Grant St Julian III
Grant St Julian III
answered on Dec 5, 2022

The DA has to speak with the Complaining Witness (victim) in the case before a plea offer can be made.

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have a pending 2nd degree felony with a $25,000 fine , do I need a lawyer?

I bought edibles in Colorado state in a legal store. I was with 2 friends and the person driving MY car got us pulled over for speeding and the officer did a search to find her driver's license. Also what happens if I don't get a lawyer and represent myself in court ?

Jo Ann Linzer
Jo Ann Linzer
answered on Nov 22, 2022

I agree with Penny that you need to retain a lawyer. The range of punishment for this offense will depend on what substance is in the edibles and on the amount that were in the car. An attorney can review the discovery and assess the evidence to determine if there was probable cause for the... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Legal Malpractice for Texas on
Q: Where can I find a super attorney to handle my case. Theft, lies, and attorneys who helped steal my family's oil and ga

oil and gas wells in Texas. I have proof, where can I find an attorney that can help us get everything back plus interest?

John Michael Frick
John Michael Frick
answered on Nov 21, 2022

You should look here in Justia for an experienced attorney board certified in civil litigation with a background in oil and gas litigation and in real estate litigation, ideally located in the county (or an adjacent county) where the stolen oil and gas wells are located.

Obviously, this is...
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1 Answer | Asked in Federal Crimes and Criminal Law for Texas on
Q: How does it work when two partys age of conset is different?Just how does it work if someones age of consent is like 1

Just how does it work if someones age of consent is like 18 and the other partys is 16.* It cut it off

John Michael Frick
John Michael Frick
answered on Nov 18, 2022

A person's age of consent is based on his/her location or conduct at the time of particular actions. There is not a situation that I can think of where two different people doing the same thing in the same place have different ages of consent.

For example, in Texas, the age of consent...
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1 Answer | Asked in Criminal Law, Federal Crimes and Libel & Slander for Texas on
Q: I am about to get charged for making a false statement about the police watching my house due to drugs? what kind of cri

me is this. I went to the national night out on September 20th and the police chief said to the police officer "her,its her".." investigation, tailed" the other police officer said "why?" and he replied "drugs". I took this personally as i have never even... Read more »

John Michael Frick
John Michael Frick
answered on Nov 6, 2022

It seems unlikely you would be charged for making vague statements at a National Night Out event.

Making a false statement to a police officer that is material to an ongoing criminal investigation is a crime. From your question, it doesn’t sound like anything you said was material to a...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If I complete probation on a assault charge bringing it down to a misdemeanor can I buy a gun since I’m not a felon
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Oct 4, 2022

If there is a finding of domestic violence you can't buy a gun.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If I have a assault charge but completed deferred adjudication making it into a misdemeanor will I pass a background

I completed probation and also wanna know if I can get that charge expunged

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Oct 4, 2022

No. You only can get a charge expunged if it was dismissed without probation / deferred adjudication supervision, or, you were found not guilty at trial.

However, you might qualify for an order of nondisclosure - sealing the offense from public disclosure. Some offenses require a waiting...
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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...
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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 Criminal Law and Federal Crimes for Texas on
Q: What are the steps to take for complaint of ineffective council?

My LO was sentenced to 20 years for drug charges, 841 A & B and is ccurrently serving time in FCI Berlin, NH. He says he was inadequatly represented by his lawyer due to the prosecutor making aquistions that the defense lawyer was also involved with him in dealing drugs and that instead of... Read more »

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

I had trouble understanding some of your question and what LO means.

The basic standard for making a claim that your attorney was ineffective is explained in the Strickland vs. Washington, decision of the US Supreme Court. It has also been recognized as the law in Texas and every other...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If ur released from federal facility and taken back to county jail does that mean he has done all his federal time

He was at the Karnes facility and is now back in bexar county jail

John Cucci Jr.
John Cucci Jr.
answered on Aug 18, 2022

When you are released from a Federal Prison, you are given paperwork from the marshalls that states whether or not you have completed your sentence. If they moved him back to the County jail, it may be to face new charges on a different matter in State court. Either way, there should be transfer... Read more »

2 Answers | Asked in Criminal Law, Divorce and Federal Crimes for Texas on
Q: I hired a lawyer for my sons case last week. My son had court yesterday and the attorney didnt show. He has a trial set

For monday. Whats gonna happen if he doesnt show up again for the court

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Aug 3, 2022

The judge will likely reset the trial date if your attorney does not appear especially without knowing the reason why. Try to contact your lawyer and inform him of the trial date.

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1 Answer | Asked in Federal Crimes and Juvenile Law for Texas on
Q: Is it illegal for a drug dealer to sell their client laced drugs without telling them that they are laced?

I’m a 15y.o. girl. Some of my friends are involved in drug use and have told me that their drugs seemed to have been laced with other dangerous drugs. I’m not too familiar with drugs considering I do not use them (and do not want to.) From these stories I have become concerned about their... Read more »

Grant St Julian III
Grant St Julian III
answered on Jul 20, 2022

It is illegal for drug dealers to sell anyone drugs, laced or not.

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