Texas Questions & Answers

Q: if I was arrested and the officer did not take any evidence from my vehicle they left it in there can I still be charged

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 14, 2018
Paul Looney's answer
Police make mistakes. It's your lucky day. The solution to your problem cannot be resolved by a lawyer's advice. Can you be arrested? Yes, you were. Will the case stick? That depends ... Good luck with your choice.

Q: I recently paid my rent for it to be rejected even after I got a confirmation number and 5 days later...

1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and Landlord - Tenant for Texas on
Answered on Aug 14, 2018
Paul Looney's answer
You have a fact dispute, whether you paid rent with NSF funds. Get your proof from your bank. Take the notice to the landlord and try to resolve the matter. The whole thing will end up in Justice Court if you cannot resolve it with the landlord. Yours is a question of "proof", not "law". Settle the facts on your side and this should go away.

Q: I qualify to apply for my citizenship on my own or through my husband which is a better way to file? (N400 form)

1 Answer | Asked in Immigration Law for Texas on
Answered on Aug 14, 2018
Hector E. Quiroga's answer
You could be a citizen already, depending on the circumstances. You may want to determine that before you file.

If you are not already a citizen, then it really doesn’t matter which way you go. It might make more sense, just because you didn’t get your citizenship through your husband, to select the box that claims residence for five years. Both that box and the one relative to married to and living with a USC for the last 3 years apply to you, however.

Q: My Mother died in Texas. Can her will be probated in Colorado?

1 Answer | Asked in Probate for Texas on
Answered on Aug 13, 2018
Terry Lynn Garrett's answer
A Will is probated where the person lived at the time of death or where they owned real property.

Q: Can you sit out a warrant in Texas if it in Oklahoma for no insurance

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 13, 2018
Grant St Julian III's answer
You must return to Oklahoma to resolve your citation.

Q: Is it possible for a person to be charged with unlawfully carrying a firearm while enroute or inside of their vehicle?

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 13, 2018
Paul Looney's answer
You can illegally possess a firearm inside your vehicle if it is in plain view, or if you are engaged in any other illegal activity. The statute sets out all the ways a firearm can be illegally possessed.

Q: Wanting know if this class b misdemeanor can be dropped

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 13, 2018
Grant St Julian III's answer
No one in this forum knows the particular facts of your case, and the evidence the State has in its possession, so no one can tell you what options you have. Understand, however, that just because you do not like what your attorney is telling you does not mean she/he is not doing her/his job. Have a sit down with your lawyer. Good luck.

Q: Can i be charged with drugs after i was released

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 13, 2018
Grant St Julian III's answer
It is possible that you will be charges with a criminal offense, but whether that will happen in your case is unknown.

Q: When you’re arrested and released on bond when should a case be made?

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 13, 2018
Grant St Julian III's answer
The statute of limitations for sexual assault is either 10 years from the date of offense, or in some cases, there is no statute limitations for such an offense. If yo are not satisfied with your attorney, consider another attorney. Good luck.

Q: Can I go on vacation in another state while on probation in Texas?

3 Answers | Asked in Criminal Law for Texas on
Answered on Aug 12, 2018
Herman Martinez's answer
You should ask your probation officer first. Afterward, your attorney may have to request the court if you can travel. It depends on many factors such as the crime you are on probation, how long you have been on probation, how well you are doing with your probation.

Q: Can i be charged with poss cntrol sub if i lost my wallet in Walmart and whenever i came to retrieve i was arrested?

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 9, 2018
Grant St Julian III's answer
You can be charged, but whether the State can prove the allegations beyond a reasonable doubt is another issue. Start calling local lawyers. Good luck.

Q: Can I talk to someone about my charge on my record if it was suppose to be removed but still on there...

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 9, 2018
Grant St Julian III's answer
A dismissal was probably entered, but you need to file a petition for non-disclosure must be filed to remove the matter from public view. Call a local attorney. Good luck.

Q: Can I still be convicted of a crime if they officer did not take any evidence

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 9, 2018
Grant St Julian III's answer
The is SOME evidence or you wouldn't have been arrested. Whether that evidence is admissible at trial is another issue. Start calling local lawyers. Good luck.

Q: Had all MY Rights Restored from felony in Washington State. Purchased Firearms. Moving to Colorado, I'm I legal there?

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 9, 2018
Grant St Julian III's answer
You must pose this question to an attorney licensed in Colorado. Good luck.

Q: How can I leave everything to my wife first but be sure it will be given equality to my adult children after her death?

1 Answer | Asked in Estate Planning for Texas on
Answered on Aug 9, 2018
Terry Lynn Garrett's answer
Talk to a local estate planning lawyer about a QTIP trust (qualified terminable interest in property) and about a deed, signed by both you and your wife, leaving real property to your children after you are both gone (either a Lady Bird Deed or a Transfer on Death Deed).

Q: I am a green card holder for 4 months now, and getting married to a Swedish citizen. Can i apply for a marriage GC?

1 Answer | Asked in Immigration Law for Texas on
Answered on Aug 9, 2018
Hector E. Quiroga's answer
Once you are living in the US as a permanent resident, you can file a visa petition for your wife.

Q: Would it be acceptable for us to record a "Memorandum of Option To Exercise Oil, Gas, & Mineral Lease?" Thanks!

1 Answer | Asked in Energy, Oil and Gas for Texas on
Answered on Aug 9, 2018
Aimee Hess' answer
Filing a memorandum in the county deed records is certainly used to give notice of an agreement without disclosing the precise terms. However, before you do that, have an oil and gas attorney review the option itself, as well as take a look a Texas court decisions, to make sure you are not going to be in violation of the option agreement by filing the memorandum.

Q: Hello I recently got married but my husband is in jail and I have been trying to work on my citizenship

2 Answers | Asked in Immigration Law for Texas on
Answered on Aug 9, 2018
Grant St Julian III's answer
It depends on the basis for your citizenship application. Call a local lawyer. Good luck.

Q: In Texas, does a Grand Jury proceeding have to be held before an indictment is returned?

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 8, 2018
Grant St Julian III's answer
The Grand jury might not have heard testimony, so their may not be a transcript. Talk with your attorney. Good luck.

Q: Can a felon in Texas live in a residence that has firearms?

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 8, 2018
Grant St Julian III's answer
Federal prohibits a convicted felon from ever possessing a firearm. If such a person lives in a house where one is kept, the person is walking a very thin line. Another person in the household may possess a gun, but if law enforcement ever appear at the home when only the felon is there, teh felon can expect to go to jail.

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