Texas Questions & Answers by Practice Area
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Texas Questions & Answers
Q: Quickest way to modify or vacate no contact order for family domestic violence I want to be back in my home
Kiele Linroth Pace's answer
A no contact order like this can be either a condition of a jail release bond or a condition of a magistrate's emergency protective order or both. If you have both, then both need to be removed, otherwise you could be charged with a new crime for any violation.
These orders are issued by a judge and can only be modified or vacated by the judge. Your criminal defense attorney is probably the most appropriate person to file the motion, but if the alleged victim convinces the...
A no contact order like this can be either a condition of a jail release bond or a condition of a magistrate's emergency protective order or both. If you have both, then both need to be removed, otherwise you could be charged with a new crime for any violation.
These orders are issued by a judge and can only be modified or vacated by the judge. Your criminal defense attorney is probably the most appropriate person to file the motion, but if the alleged victim convinces the...
Q: If i reported a child molester and mother who is involved how do i get involved in helping this young girl? No arrests.
1 Answer
| Asked
in
Child Custody, Child Support, Criminal Law and Family Law
for
Texas
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
Kiele Linroth Pace's answer
Report abuse, neglect, or exploitation to the Texas Department of Family and Protective Services (aka CPS) by calling 800-252-5400.
Report abuse, neglect, or exploitation to the Texas Department of Family and Protective Services (aka CPS) by calling 800-252-5400.
Q: currently I'm undergoing a pretrial diversion Program for a non violent offense. Am I still able to buy a new firearm?
Kiele Linroth Pace's answer
If the nonviolent offense is a felony, or if conviction is punishable by more than 1 year confinement, then you are prohibited by Federal Law as a person under indictment per 18 U.S. Code § 922.
You should check with your criminal defense attorney in Louisiana to find out if there are any applicable rules for the Pretrial Diversion program or any applicable conditions of your jail release bond.
If the nonviolent offense is a felony, or if conviction is punishable by more than 1 year confinement, then you are prohibited by Federal Law as a person under indictment per 18 U.S. Code § 922.
You should check with your criminal defense attorney in Louisiana to find out if there are any applicable rules for the Pretrial Diversion program or any applicable conditions of your jail release bond.
Q: My ex wants a file kidnapping charges if I take my daughter to go see her cousins for the day. Can she do this
Kiele Linroth Pace's answer
Review your custody order with your Family Law attorney. If you don't have a Family Law attorney then you should hire one because it will be cheaper in the long run than getting charged with a felony like kidnapping.
Review your custody order with your Family Law attorney. If you don't have a Family Law attorney then you should hire one because it will be cheaper in the long run than getting charged with a felony like kidnapping.
Q: How does something request a competency hearing in Montgomery County, Tx?
Kiele Linroth Pace's answer
DWI is a criminal offense so he should apply for a court appointed attorney. However, being found incompetent has other serious ramifications that he should discuss with his attorney.
DWI is a criminal offense so he should apply for a court appointed attorney. However, being found incompetent has other serious ramifications that he should discuss with his attorney.
Q: can a lien be put on car if owned by 2 people when one is being sued for credit card debt
Kiele Linroth Pace's answer
This question was posted under the Criminal Law topic but it is an issue of Civil Law.
I suggest re-posting this inquiry under a different topic section like Collections, Civil Litigation, or Consumer Law.
This question was posted under the Criminal Law topic but it is an issue of Civil Law.
I suggest re-posting this inquiry under a different topic section like Collections, Civil Litigation, or Consumer Law.
Q: can a lien be put on property for credit card debt
Kiele Linroth Pace's answer
This is an issue of Civil Law rather than Criminal Law.
I suggest re-posting this inquiry under a different topic section like Collections, Civil Litigation, or Consumer Law.
This is an issue of Civil Law rather than Criminal Law.
I suggest re-posting this inquiry under a different topic section like Collections, Civil Litigation, or Consumer Law.
Q: Can my boyfriend be charged with a crime if someone else confessed the the crime?
Kiele Linroth Pace's answer
Frankly, he could be charged with the murdering the Tooth Fairy. Any of us could. Ultimately, the question is whether the prosecution can prove their case beyond a reasonable doubt.
The fact that someone else confessed may help the defense, but not always. Some crimes can be simultaneously committed by multiple people.
Frankly, he could be charged with the murdering the Tooth Fairy. Any of us could. Ultimately, the question is whether the prosecution can prove their case beyond a reasonable doubt.
The fact that someone else confessed may help the defense, but not always. Some crimes can be simultaneously committed by multiple people.
Q: The Sperm donor took my fiances son, please help..
Kiele Linroth Pace's answer
If the "sperm donor" is the biological father, and there are no court orders regarding custody, then your fiance needs to hire a local Family Law attorney with experience handling child custody and SAPCR cases.
If the "sperm donor" is the biological father, and there are no court orders regarding custody, then your fiance needs to hire a local Family Law attorney with experience handling child custody and SAPCR cases.
Q: My son was charged with aggravated sexual assualt of a child he is mild MHMR and doesn't know how to answer questions th
Grant St Julian III's answer
Police can ask anything they want. Your son has the right to refuse to answer. He should not give any statement, and needs an attorney ASAP. Good luck.
Police can ask anything they want. Your son has the right to refuse to answer. He should not give any statement, and needs an attorney ASAP. Good luck.
Q: Am on SSD and being sued by debt collectors what can I do? Only one has filed suit against me so far.
Timothy Denison's answer
Find a local bankruptcy attorney, file your petition and get some debt relief.
Find a local bankruptcy attorney, file your petition and get some debt relief.
Q: My Husband and I have 2 judgements against us since 2009. It seem they have reinstated another 10yrs. is bankruptcy ?TX
Timothy Denison's answer
Yes. Depending on your assets (or lack thereof) Chapter 13 or Chapter 7 could resolve this for you.
Yes. Depending on your assets (or lack thereof) Chapter 13 or Chapter 7 could resolve this for you.
Q: On a will signed by all now, funds were to be released this week NOW broker is needing Letter of Testamentary?
Tammy Lyn Wincott's answer
A will must be probated in Court before it is considered valid. The named executor is usually the person to apply for probate and the original will is presented to the Court. If a Court finds the will is legal then they will issue Letters Testamentary to the Executor, usually the same day. Most Courts in Texas require the Executor to have an attorney.
A will must be probated in Court before it is considered valid. The named executor is usually the person to apply for probate and the original will is presented to the Court. If a Court finds the will is legal then they will issue Letters Testamentary to the Executor, usually the same day. Most Courts in Texas require the Executor to have an attorney.
Q: How long is reasonable for the State prosecutor to take produce the results of a DUI blood test?
Grant St Julian III's answer
I have had cases where it took 11 months for the crime lab to return test results. The State has 2 years from the date of offense to file the charging instrument with the court. Good luck.
I have had cases where it took 11 months for the crime lab to return test results. The State has 2 years from the date of offense to file the charging instrument with the court. Good luck.
Q: I got a ticket for my license plate being in my windshield and not on my front bumper. Will it be thrown out?
1 Answer
| Asked
in
Gov & Administrative Law and Traffic Tickets
for
Texas
on
Answered on Oct 19, 2018
Answered on Oct 19, 2018
Grant St Julian III's answer
What you state is not a defense. Having a license plate in the windshield is a violation of the law if the car is driven on a Texas road, regardless of where the car was purchased.
What you state is not a defense. Having a license plate in the windshield is a violation of the law if the car is driven on a Texas road, regardless of where the car was purchased.
Q: 74yo, dementia, DWI 9/18, no$ for lawyer - can we speak to the DA directly and work it out?
Grant St Julian III's answer
If your father has dementia, make sure a competency hearing is performed before anything else. Bring documentation of his medical condition to court. Unless you have been designated as his guardian or are a licensed attorney, however, you will not be able to "represent" your father in this matter. Good luck.
If your father has dementia, make sure a competency hearing is performed before anything else. Bring documentation of his medical condition to court. Unless you have been designated as his guardian or are a licensed attorney, however, you will not be able to "represent" your father in this matter. Good luck.
Q: I overpaid a medical bill by $900. Now the company will not refund the over payment.
Timur Akpinar's answer
I don’t practice in Texas, but your question remains open for four weeks. You could check with Texas attorneys in your area as to how much they would charge for a short consultation to go through your options here - a letter from an attorney, small claims court, civil court, or other avenues. Maybe they could help you make a decision based on the most cost-effective route.
Tim Akpinar
I don’t practice in Texas, but your question remains open for four weeks. You could check with Texas attorneys in your area as to how much they would charge for a short consultation to go through your options here - a letter from an attorney, small claims court, civil court, or other avenues. Maybe they could help you make a decision based on the most cost-effective route.
Tim Akpinar
Q: Mother in law co/signed on duplex resides on one side. Changed legal documents, created tax fraud.
1 Answer
| Asked
in
Civil Litigation, Contracts and Legal Malpractice
for
Texas
on
Answered on Oct 17, 2018
Answered on Oct 17, 2018
Tammy Lyn Wincott's answer
The name a tax office has for the owner of property is not controlling as to who "actually" owns the property. An owner of real property is determined in the Deed records where the property is located.
The name a tax office has for the owner of property is not controlling as to who "actually" owns the property. An owner of real property is determined in the Deed records where the property is located.
Q: I want my friend out of my house
Tammy Lyn Wincott's answer
It sounds like she may be considered a tenant at this time and you may have to evict her. There are specific steps to follow in eviction and they vary depending upon the circumstances surrounding the eviction. Your local precinct or county should have information on evictions or you may look on the State Bar Website for Landord/Tenant guides.
It sounds like she may be considered a tenant at this time and you may have to evict her. There are specific steps to follow in eviction and they vary depending upon the circumstances surrounding the eviction. Your local precinct or county should have information on evictions or you may look on the State Bar Website for Landord/Tenant guides.
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