Lawyers, Answer Questions  & Get Points Log In
Texas Federal Crimes Questions & Answers
1 Answer | Asked in Federal Crimes, Family Law, Civil Rights and Juvenile Law for Texas on
Q: cps lied in affidavit, lied on the notice of removal, attorney isnt responding to my calls, false drug test ? what to do

allegation were physical abuse, in which in the affidavit my child stated to not be true, presumptive marijuana test when i delivered my child but my baby passed all testing for drugs and mental issues but i was reported by a mental dr that i didnt qualify for mental services. the judge who signed... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 24, 2021

We hear these kinds of pleas for help far too often in Texas due to the nature of our system. I won't go into all the systemic problems which contribute to the CPS nightmare which you find yourself in. The good news is this: there is help out there. The bad news is this: the help you need is... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Social Security, Estate Planning and Probate for Texas on
Q: Is it fraud to apply for benefits from a commen law marriage if they were not even commen law married and the man died.

I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... Read more »

Stanley Franklin Denman
Stanley Franklin Denman answered on Jul 17, 2021

The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Texas on
Q: Can one get prosecuted for trafficking when entering any state, in possession of 10gr of pseudoephedrine hydrocloride?

1st time offense. No prescription. Medication bought over a period of time. Individual entering state for holidays.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

You can be arrested and prosecuted for anything. 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 at trial. Ten grams is 10,000 milligrams. A typical pill of pseudoephedrine... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can a case be thrown out if taken to trial if the officer that gave the ticket is fired

It's a felony case

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

There are no felony tickets in Texas. A fired officer doesn't AUTOMATICALLY result in dismissed charges. The prosecutor will decide whether the officer's testimony is needed, whether the reason for the firing implicates the officer's credibility, and the quality of any other... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can she get the charges dismissed if the drivers on the affidavit saying she knew nothing about the drugs
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 10, 2021

Assuming this is an extension of the motorcycle question... It is the prosecutor's job to decide which cases to pursue and which to dismiss. An affidavit might help, or it might not... depending on how the prosecutor reacts to the contents of the affidavit. It might also help if the... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law and Federal Crimes for Texas on
Q: My friends were on a motorcycle and the driver had a half oz of meth in his backpack. Passenger didn’t know about

Passenger has never had a ticket on her record and worked for the APS of Texas recently

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

OK, but what is the question? Reading between the lines it seems like the passenger was charged with Possession of a Controlled substance and you want to know if not knowing is a defense? It can be, but it would be unwise for your friend to talk to an investigator without an attorney and an... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Divorce for Texas on
Q: Is Defamation ex parte and subjective language (libel) allowed for a writ while a victim child is protected by VRA law?

Defamation and subjective language were used ex parte for a writ to a child's body, after an action (motion) was in place for full custody, after numerous bouts of maternal child abuse and maternal fraud were evident. The child was then subsequently returned to the maternal abuser against... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 25, 2021

I apologize for the snarky tone of my previous response. I can't remove it, so I will try again to answer your specific question regarding the language in a writ:

Arguing over the language is probably not the best use of your time and effort. One of the many reasons that wise...
Read more »

1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: Is there something I can do for my father's felony charge 25 years ago that got him deported

My father was charged with a felony 25 years ago from a drug charge

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

The question is, what do you want to do about that matter? You say your father was charged with a felony drug offense but you don't mention what actually happened to the case? Did he plead guilty? Did he go to trial and lose? Or did he get deported before anything happened in the drug case? If... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If a couple committed a felony charge smuggling and was told to not see each other until court but they did what happens

Couple Caught smuggling illegal alien across the border And were told to not see each other until court hearing. But they ended up seeing each other and now she’s pregnant what will happen if they find out or should we just tell lawyer the truth?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 27, 2021

What could happen depends on whose rule you violated. If you broke your mom's rules she will be very disappointed. If you broke the conditions of a bond or protective order set by the judge then you could be re-arrested on the smuggling charge and also potentially be charged with a new crime.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: Brother charged 115 years in 2014 for string of robberies. No one hurt or killed or anything how can we get time reduced

Did have a weapon robbed 7 fastfood restaurant in june 2014 been in jail since. Deundrae Miller

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

Consult an attorney who FOCUSES on parole work and ask about the possibility of both parole and of your brother receiving a commutation of the sentence. Don't just look for a criminal defense attorney that also does a few parole cases on the side... you are looking for a person whose law... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Texas on
Q: Hello, I was wondering if anyone is willing to take a case regarding a murder defense.

Im looking for a lawyer that is willing to pro bono and help me beat my oldest sisters self defense charge regarding her being charged with murder. Is anyone available?

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 15, 2021

If defended properly, a case like the one you described could end up consuming most of the attorney's attention for months if not years. If the attorney is not charging for that time then she will need to make up the difference in some other way, most likely by taking extra cases and working... Read more »

2 Answers | Asked in Criminal Law, Products Liability, Civil Rights and Federal Crimes for Texas on
Q: Envirox H2Orange2 Concentrate 117 Sanitizer virucide cleaner is what we spray our warehouse with against COVID-19.

On the back it says it’s a violation of Federal Law to use this product inconsistent with its labeling. It kills only 4 viruses being Herpes Simplex Virus Type 2, Influenza A2/Japan, HBV, and HIV-1. None of these are Coronavirus/COVID-19 related. Therefore being a violation of Federal Law and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

No. That's not what use inconsistent with means. Who knows, the company may have consulted an industrial hygienist.

Also, to sue for damages you have to show you actually suffered something--not could have.

If you have a concern you may report it to your state OSHA or US Dept of Labor OSHA

View More Answers

1 Answer | Asked in Employment Law, Federal Crimes and White Collar Crime for Texas on
Q: Can I file a lawsuit to have a fraudulent W-2 revoked?

Can I file a lawsuit to have a fraudulent w-2 revoked?

I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 24, 2021

I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I am being neglected and not given any answers in regards to my felony criminal charges. I have been in custody for 3 mo

I released my court appointed attorney for not contacting me at all for 2months now after hiring an attorney I am neglected even more and left with no answers at all

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 6, 2021

That sounds like a frustrating situation. What is your question?

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is it mail fraud to mail checks & money orders out of state knowing TX comptroller seized the acct they normally go to?

I am a property manager and the property owner's bank account was seized by the Texas Comptroller. The owner verbally told me to mail all rent checks and money orders to his out of state home so he can deposit them into a different bank account. i have never handled the property's income... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 1, 2021

In Texas, a person commits the offense of THEFT if he unlawfully appropriates property with the intent to deprive the owner of the property. The owner has provided new instructions, and you are aware that disregarding those new instructions (by following the old procedure) will deprive the owner... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Legal Malpractice for Texas on
Q: If 2 interns unlicensed to practice law represented the state at anytime prosecuting my case is that grounds to sue?

They were also not legally licensed interns or have a special permit.

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

This question is marked Criminal Law but nobody sues anyone in criminal court. It is also marked Legal Malpractice which is a cause of action in civil court, but that is for a lawsuit against your own attorney, not the opposing side. As for Civil Rights, a criminal defendant is entitled to... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for Texas on
Q: Half owner defaults on property taxes 2010 veteran repays taxdebt builds home after theft of disaster funds

Now indiv seeks order of protection to recover home theft of all property while accussed in jail on abuse charges fabricated

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

I am not clear on your question. It can be tricky throwing accusations at an alleged abuse victim because it can sound like a motive or logical justification for violence. You should also be aware that some prosecutors will consider the fact that a person is a veteran to mean they are MORE likely... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes and Identity Theft for Texas on
Q: If the person commits a crime under protective order intentionally commit disaster fraud2017 ,then commits theft steals

Equipment belonging to same veteran, and veteran violated protective order by driving in front of home one year penalty in jail will veteran be incarcerated even if he was the victim of many thefts

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

A person is not allowed to violate the law just because they are a veteran. However, some jurisdictions have a special program to give veterans one chance to avoid a conviction by completing 12 to 24 months of sobriety treatment instead. The programs are available to veterans who committed crimes... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Indv commits intentional disaster fraud, defaults property tax now claiming new home Harvey destroyed home 17,000.00.

Protective orders used to commit thefts police giving criminals half property is that legal

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 25, 2020

I answered the other question before I saw you asked this one. Now you have introduced a new and important fact that makes the police inaction more understandable. If relief was granted to your "victim" because of damage caused by Hurricane Harvey, then it's very likely that the... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Protective order issued then commits disaster fraud 2017 $17,000.00 while veteran contractor is unknownlly arrested on f

Police refuse to take formal complaint by victim is this legal? Criminal 8 protective order attempting to take new home by accusing victim of abuse did not happen

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 25, 2020

If you're asking if police can legally refuse to file a case based upon a person reporting that a crime has been committed, the answer is "yes". There are many reasons why the police might justifiably refuse to file criminal charges when they receive a report that someone has... 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.