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Texas Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: If a psychiatrist makes a false report with lawyer in on it. Is it a crime because it falls under Texas Rules of Evidenc

Judge signs for psychiatrist to see me April 30 and resend is lawyer could not talk to me about case, said I was argumentative or did not meet him. Court records shows he said he tried to meet me on May 3. But doctor report is also dated May 3. How can I argumentative with a man that I never meet?... View More

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

No, there are not any offenses defined in the Texas Rules of Evidence. That said, Tampering with a Governmental Record is an offense defined in the Texas Penal Code.

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: is it true that you have to be inditied before able to get a speedy trial for a felony

I’ve been on bond for a year and have not been indited ..or no court date or anything, been asking my “paid attorney”for a speedy trial since day one,because of my innocence. But I do think he knows the law very well. Keep saying cuz of covid but I’m going through a divorce and I’m going... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2021

It is true that the right to a speedy trial does not attach until the case is indicted. It is also true that there is no right to a speedy indictment. However, you can usually force an indictment by demanding an Examining Trial to determine probable cause. This is only a good idea in rare... View More

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Did Trevor go around LH after she left the ER?

There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... View More

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

The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Are there any cases that can be use against a inmate being set off for the nature of his offense

It a case that's was in the prisonlegal news of a female fighting being setoff for nature of offense was it a ruling on it

Grant St Julian III
Grant St Julian III
answered on May 12, 2021

I am not sure of your exact question, or the situation you describe. Calling an attorney may help. Good luck.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: friend made parole release 5/21 , got caught w drugs moved to g4 , no store , no ecomm , has to Do 6mth class now aug

Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on May 9, 2021

Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Fiancé was arrested wrong warrant number Bond is showing wrong year

fiancé was arrested year ago charge wth 2 feloniesOne hydraco pill was his prescrption A morphine patch that was in his moms vehicle the patch belonged to her dyeing sister in which she passed away a month later. His mother had taken her to get the script the day before and had dropped one in the... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 30, 2021

No, the prosecutor is not required to dismiss the case. He or she can seek a conviction if they believe it is in the interest of justice. The answers to your other questions should come from his criminal defense attorney because that is the only person who has the facts. If your fiancé is on... View More

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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... View More

2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Sharita Blacknall
Sharita Blacknall
answered on Apr 13, 2021

Here are some of the requirements for name change in Texas:

-You are at least 18 years old.

-You file a petition asking for a name change in the Texas county where you live.

-You provide the court with complete information about all felonies and Class A or B misdemeanors...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a case that was dismissed be expunged if you have prior, separate convictions?

Can a case that was dismissed be expunged if you have prior convictions? For instance, if you have a case dismissed in 2019 but you have a conviction for a separate case in 2015, can the dismissal be expunged or sealed?

Rick  Davis
Rick Davis
answered on Apr 5, 2021

It depends on when the statute of limitations will run on the case that was dismissed on in 2019. There is a good possibility that you can get the dismissed case expunged.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: How do I a honest, working man, patriotic, Christian law abiding citizen find the right honest attorney to represent me?

The McLennan County courts, police, law enforcement and jail Authorities committed libel, slander, and fraud against me to create an illusion I'm guilty while knowing I'm innocent of any charges and generally violated my God given/USA constitutional rights. I want to challenge them in... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 14, 2021

Search the internet for an attorney who takes federal civil rights cases. There could potentially also be torts that could be filed in state court, but some require a not-guilty or complete dismissal of criminal charges. It is my understanding that these are hard cases because the government... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Texas on
Q: What is the best way for a layman to find the right attorney for his or her individual objectives and needs
Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 14, 2021

One way is to ask the attorney you know for a referral... even if the person you know is the "wrong" type of attorney. For example, if you know an attorney that handles issues in Family Law, that person might be able to give you a referral to a good attorney who practices in an area like... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: due to my class A misdemeanors I cannot get an open or concealed license carry.Under the constitution can I still carry

A cop showed me the state penal code and told me the constitution wouldn't be applicable I thought the constitution was over state law but i might be and am probably wrong

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 14, 2021

1) It is also a violation of FEDERAL LAW for you to possess a firearm or ammunition. See: US Code Title 18 Section 922(g)

2) Second amendment exceptions include felons, those convicted of misdemeanor crimes of domestic violence, people with dishonorable discharges, anyone addicted to...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Someonr threatening as boss of the girl whom im contacted for escorts service. He told he will compliant to police.

But i didnt sent money anyone. I inquired couple of girls based on details provided in adultsearch. He told he already have my address and my family details. I already sent 1500$ to him.

Teri A. Walter
Teri A. Walter
answered on Feb 26, 2021

This sounds like a scam. Stop sending money, and stop communicating with that person.

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Texas on
Q: Can a jury trial take place in an eviction when the rules of civil procedure and evidence don't apply and in a CC ?
Teri A. Walter
Teri A. Walter
answered on Feb 8, 2021

Rules of evidence and procedure will apply in county court for the appeal of an eviction, but jury trials are problematic now. Check with the court to see how your court is handling them.

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: So if my parents want me to go to a counselor, can they have the police come to our house and forcibly drive me there?

I dont want to go with them

Teri A. Walter
Teri A. Walter
answered on Feb 5, 2021

If you are a minor (under 18 years old), then yes, they can do that. You might even find it worthwhile.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Is there a way for me to get a time cut or time served for a 75 yr. sentence for possession of 2 rocks?

I'm on parole for 50 more years..

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 29, 2021

You should probably reach out to a Texas parole specialist, not just a criminal defense attorney who dabbles in parole cases. Dealing with the parole board is very different than dealing with a trial court judge, and this could require some really specialized insight so you should really consult... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it wrong for detective s to drop a investigation just because they don't believe you,I didn't see my asailnt,

I was shot point blank in

the stomach as I was closeing my door.didnt see who shot me,I had cameras on all 4 corners of my house recording,they repeatedly asked who did it I honestly said I don't know an in pain I screamed out i shot my self so paramedics would take me,they yelled... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 13, 2021

You could ask law enforcement to continue the investigation, but you should reconsider confessing to a criminal offense on a public website.

Texas Penal Code Sec. 37.08. FALSE REPORT TO PEACE OFFICER [...] (a) A person commits an offense if, with intent to deceive, he knowingly makes a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: Is it illegal under 18 U.S.C. §2385 for me to quote the Declaration of Independence?

The Declaration of Independence says to that if the Govt is corrupt we need to abolish it. So is it illegal to advocate the Declaration of Independence under 18 U.S.C. §2385?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 12, 2021

The Declaration of Independence is an interesting historical document that explains why the colonists revolted against the rule of King George but it does not have the authority of law in the United States. In fact, between the time of the Declaration and our current Constitution a different... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Does a defendant have a right to review redacted evidence obtained through discovery before entering plea bargain?

A motion to compel discovery was properly filed by the defendant after the withdraw of the defendant’s first attorney and before the defendant’s second attorney accepted the case. It was ignored. Defendant has not been able to review any of discovery before entering into plea bargain. Defendant... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 11, 2021

Simply filing a motion doesn't help and there is a decent chance the judge isn't even aware of it. You've got to serve it on the prosecution and ask the judge for a ruling on it. Unless it is trivial the judge would probably want you to set it for a hearing. If it is trivial then... View More

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1 Answer | Asked in Constitutional Law, Construction Law, Domestic Violence and Education Law for Texas on
Q: Remedies for protective order falsely obtained

Protective orders used to recover property coowner

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

If you were served notice of an upcoming protective order hearing, and the attached application included false accusations, then you should hire an attorney to contest the issuance of the order. A protective order is a civil matter, even if the justification is an accusation of criminal behavior,... View More

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