Texas Criminal Law Questions & Answers

Q: I live in Dallas Texas and have been denied an apartment twice from a Class C misdemeanor in 2014 paraphernalia

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Rights for Texas on
Answered on Oct 11, 2017

You may need to seek an expungement of your criminal record. Contact a criminal attorney where the crime or alleged crime took place to obtain more information.
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Q: I just completed probation it was deferred an was a felony charge. Since I'm done with probation can I use a gun

1 Answer | Asked in Criminal Law for Texas on
Answered on Oct 11, 2017

The answer to that question depends more on the charged offense than the level of charge. The general provision that creates the offense of unlawful carrying of a weapon is as follows:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control;...
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Q: Is a assault causing bodily injury to a family member with prior a state jail felony

1 Answer | Asked in Criminal Law for Texas on
Answered on Oct 11, 2017

I'm not certain what the question actually is. I think you are asking if assault family violence a state jail felony? The answer is no. Normally, it is charged as a Class A misdemeanor. For a complete list of the maximum punishment range for all criminal offenses you can click on the following link: http://www.beltzlawyer.com/criminal-law/farmers-branch-criminal-defense/
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Q: In texas can they keep your ligitament income found during search

1 Answer | Asked in Criminal Law for Texas on
Answered on Oct 9, 2017

This is an epidemic across the nation right now. And I can tell you it ins't getting better, but worse. You should have received a card from the officer signifying their intent to keep the cash in relation to illegal activity. You are able to object, but I can tell you the hearings are going well across the country. Here is a good article outlining the issues: http://www.foxnews.com/politics/2017/07/18/us-restoring-asset-seizures-with-safeguards.html
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Q: can charges be filed after 3 years and case was dropped towards a 13 y/o child with learning disabilities?

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Texas on
Answered on Oct 8, 2017

On what basis. It seemed to be a blackmailing. Get report of false charge and investigation report prepared to drop charges and would also help you in defence in case fresh charges levellled on reports..

Consult with details to Attorney of local jurisdiction..
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Q: In case records in Denton County Texas what does it mean if there's a J in front of your case number

1 Answer | Asked in Consumer Law and Criminal Law for Texas on
Answered on Oct 6, 2017

Usually means that it is out of the justice court. Justice of The Peace Courts. Here is a list of the justice courts in Denton County https://dentoncounty.com/Departments/Justice-of-Peace-Pcts.aspx
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Q: Could a friend be lying to me about hitting his mom?

1 Answer | Asked in Criminal Law, Domestic Violence and Elder Law for Texas on
Answered on Oct 2, 2017

I would think that in order for a charge to actually be filed that the case rises to the level of probable cause that an offense was committed. That is above a 50% in the eyes of the police department and the prosecution's office. Does that mean that he is absolutely guilty? Of course not, because the standard is much higher at trial. He could very well be innocent under the reasonable doubt standard which would be applied to his case at trial. Based on the limited information you have...
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Q: Can someone on probation go to jail for harrassing?

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Answered on Oct 2, 2017

Contact the police.
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Q: My husband is going to court in willco tx on tues for an MRP. I know the max is one year what will he most likely get?

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Oct 2, 2017

The question is contingent on the county and the judge. An experienced lawyer in one county can have an idea of what would happen, but in another county, the variables change. You really need to know the judge and county and then find a lawyer familiar with probation revocation hearings in that court under that specific judge to have a good idea.
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Q: Police left msg investigating puppy mill in texas and wanted me to get dna test on pup i bought. Why and do i have to?

1 Answer | Asked in Criminal Law for Texas on
Answered on Oct 2, 2017

I wouldn't think you would unless there is a warrant or a subpoena that has been issued. I would definitely ask them about that first before submitting to any testing if you do not wish to cooperate.
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Q: The lawyer says that Probation is out of the question what does that mean

1 Answer | Asked in Criminal Law for Texas on
Answered on Sep 23, 2017

Some crimes like murder don't allow for the possibility of probation from a jury.

Some crimes are so offensive to a jury that there is no way if they convict that they will give probation, but the judge might have a different perspective and might either give deferred adjudication or less prison time if the person is convicted. An example is sexual assault of a child. If the jury believes the person is guilty it is very unlikely to give him probation. Some judges are tougher on these...
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Q: Im16 and a girl 19 wants to have sex is it illegal

1 Answer | Asked in Criminal Law, Federal Crimes and Sexual Harassment for Texas on
Answered on Sep 23, 2017

The rule in Texas is if you're 16 and she's within 3 years of your age it's legal so you need to check her birthday against yours. Technically if she's 3 years and one day it's sexual assault.
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Q: If a defendant chooses to defend themselves.. Can a judge declared them incompetent without a psychologist or physician

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Answered on Sep 23, 2017

When a person wants to defend themselves the judge has to decide whether the person is competent in the sense that they understand the system well enough not to hurt themselves too badly. This is different from whether they are competent in the psychological sense.

Being incompetent to represent yourself simply means that you must be represented by a lawyer, and the judge will decide this without input from a psychologist or psychiatrist.
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Q: So if someone is 17 and about to turn 18 in a little over 2 weeks can they legally date a 15 year old

1 Answer | Asked in Criminal Law for Texas on
Answered on Sep 8, 2017

The "Romeo and Juliet" law in Texas is what is known as an "affirmative defense", meaning it does not prevent a person from being charged, but if they are charged the defense must be raised if it applies (parties are no greater than 3 years apart in age). From the information provided, it is not clear if they are within 3 years in age. If as you state no sex is involved then it is not illegal BUT it would not be wise to take that risk. Also being 18 is not really the issue, the issue is...
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Q: my commercial tenant (restaurant) took some of my equipment, that is clearly stated as mine in an Exhibit of the lease?

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Texas on
Answered on Sep 8, 2017

From what you describe I believe so, it would be theft. Taking of property (nonviolent) that belongs to another is theft and the determination of what class of theft depends on the value of the property taken. You can report the the theft to the police department and it files charges.
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Q: I was arrested and my apartment was burglarized by the apartment manager and her bf. They stole jewelry, tvs, tools. Adv

1 Answer | Asked in Criminal Law for Texas on
Answered on Sep 5, 2017

You can most certainly file a police report, then it is up to the DA's office to pursue charges. Your situation is becoming more and more of a problem when there is a report of an arrest. People know that the person is in jail so they can go to their apartment and take whatever they want.
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Q: What is motion to proceed ?

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Sep 5, 2017

I have not seen a motion to revoke probation called a motion to "proceed" but that would be my best guess. He was placed on deferred probation, violated probation and now the State has filed a motion to adjudicate true, his probation.
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Q: My niece's boyfriend was killed in a head on collision accident about three weeks ago.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Texas on
Answered on Aug 24, 2017

I am very sorry for your loss. Sometimes it takes a while for the State to obtain all the forensic information it needs to make sure charges are properly brought. Also generally the State is reluctant to comment on an ongoing investigation. She should check with the county's victim advocate group and see if she qualifies for payment from "The Crime Victims Reparations Fund". Good luck to your family.
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Q: Im a student following a case. A man accused of 1st degree felony for sexual abuse to a child

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 23, 2017

Normally, it is because a deal was struck between the prosecutor and defense that was reasonable to both parties. A lot of time, the trial process is posturing. A game of chicken if you will between the prosecution and the defense. Both are on different sides of the spectrum and are wanting different deals out of the plea process. When they can't work it out, the case has to still matriculate through the justice system. The longer they can't come to a deal the closer a trial date becomes....
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Q: I just found out that my 17 yr old daughter is dating a 16 yr old boy. Will she be charged with sexual assult of a minor

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 21, 2017

Texas statutory rape laws apply when a person over the age of 17 has a sexual relationship with someone 16 year of age or younger. There is a defense to prosecution however if the age difference between the two is 3 years or less. Of course, that does not mean that person cannot be charged with the crime and then the burden shifts to the charged individual to use the defense. So you want to be careful with these types of situations. Make sure you consult with your daughter about the...
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