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Texas Criminal Law Questions & Answers
Q: Is a typed signature sufficient for a motion in federal pre-trial detention?
I am preparing a legal motion or advisory for my relative who is in federal pre-trial detention in Texas. My questions are: 1. Do I need to mail the physical documents to them so they can sign and return them, or is it sufficient to include a signature line with "Respectfully submitted,... View More 
John Michael Frick
answered on Nov 3, 2025
answered on Nov 3, 2025
Preparing a legal motion or advisory for another person to file in federal court constitutes the practice of law. Unless you are an attorney, your role needs to be limited to typing and proofreading what your relative has written. Otherwise, you may be guilty of the unauthorized practice of law.
Q: Am I legally required to stay at the scene of an accident if the other driver is at fault?
I was rear-ended by another vehicle. After stopping to check if the other driver was okay, I left the scene because I had a sick child to attend to. Am I legally required to stay at the scene even though the other driver was at fault?
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Aimée Robert
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answered on Nov 5, 2025
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answered on Nov 5, 2025
Yes, in Texas (and most other states), you are legally required to remain at the scene of a motor vehicle accident, regardless of who caused the collision. Under Texas Transportation Code §550.022, a driver involved in an accident resulting in injury, death, or property damage must:
1.... View More
Q: Do I need to see a judge before going to a treatment facility for probation violation in Texas?
I am currently on probation in Texas and have violated the terms by failing a UA drug test. I am seeking to enter a treatment facility to address this issue. My main concern is whether I am required to see a judge before I can be admitted to the treatment facility, or if I can proceed directly with... View More
John Cucci Jr.
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answered on Oct 26, 2025
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answered on Oct 26, 2025
If you need help for your drug problem, take care of that ASAP. You can admit yourself to a drug detox program immediately, even if on probation. It is better to get court approval for your treatment because sometimes the costs can be paid by the State in that situation.
On the issue of... View More
Q: What should I do if there's a warrant after probation issues and I can't afford a lawyer?
I was put on probation after pleading guilty to misdemeanor possession of an illegal substance in Texas. I initially met with my probation officer several times, but he was very hostile, often yelling at me and humiliating me in public. I stopped attending meetings but tried multiple times to reach... View More
John Cucci Jr.
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answered on Oct 22, 2025
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answered on Oct 22, 2025
The bad news is that on Probation Issues your DO NOT have the right to have an attorney appointed for you by the State.
The good news is, many Texas County Public Defender Offices allow for a free attorney for a criminal defendant who can not afford an attorney, on a Probation Violation... View More
Q: What to do if police aren't acting on a child assault case in Texas?
I am seeking advice because my minor child was sexually assaulted on August 9, 2025, in Texas. Despite multiple calls to the police in two counties, no statement has been taken from my child, and there seems to be no progress on the case. I am the only one reaching out to the police department.... View More
John Michael Frick
answered on Oct 21, 2025
answered on Oct 21, 2025
Police do not usually take statements from child victims of sexual assault who are younger than 17 years of age. Typically, for victims between the ages of ~8-16, forensic interviews are conducted by trained forensic examiners if such an examiner is available. In some cases, such interviews are... View More
Q: How long does an aggravated assault case with injuries and no witnesses take to resolve?
I have been charged with aggravated assault with a deadly weapon, and the victim sustained injuries. There were no witnesses to the incident. How long does a case like this typically take to resolve?
John Cucci Jr.
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answered on Oct 7, 2025
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answered on Oct 7, 2025
In Harris County, Texas, Most Felony criminal charges are resolved within a year from the date of the incident. This can be longer if there are witness problems, or there is a change in which Assistant DA gets the case. If you are out on Bond, the judge and the DA are not in any hurry to move your... View More
Q: How to correct a wrongful criminal mischief arrest in Texas?
I was arrested for criminal mischief instead of failing to appear (FTA) for the criminal mischief charge. At the time of arrest, both the jail administrator and the officer acknowledged the mistake, stating the officer was a rookie. Initially facing three charges in February, I accepted a plea due... View More
John Cucci Jr.
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answered on Oct 2, 2025
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answered on Oct 2, 2025
Once you enter a plea to a criminal charge, as part of a global deal which wraps-up all charges, you are stuck with that plea. You could have attempt to open up the plea, within 30 days of your plea. But it would be too late now.
The only other thing that may help is if your... View More
Q: Can personal use of free drugs from informant lead to trouble if under investigation in Texas?
My friend has been receiving small amounts of an illegal drug from an unconfirmed confidential informant. The drugs are used solely for personal use, with no money exchanged, and they are never shared or sold. He has no previous charges but suspects he might be under investigation. Can he get in... View More
John Cucci Jr.
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answered on Sep 29, 2025
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answered on Sep 29, 2025
The short answer is: YES!
Any person who is inside the borderlines of the State of Texas, and is in possession or control of a drug or substance that is illegal, can "get in trouble" for having the same.
The good news, if you can call it such, is that if you are being... View More
Q: How long should I wait for a decision from the 14th Court of Appeals in my criminal case submitted on briefs?
I am involved in a criminal case that was set for submission on briefs to the 14th Court of Appeals on 04/24/25. It has been five months, and I have not received any updates or communication regarding the opinion from the court. How much longer should I expect to wait for a decision?
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Niles S. Illich
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answered on Sep 28, 2025
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answered on Sep 28, 2025
The court doesn't have a deadline and it won't tell you when the opinion will issue. I had one case that was "on submission" for four years but most resolve within weeks or months. Appeals have a lot of windows where nothing is happening and you are forced to wait. That seems... View More
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Landlord - Tenant, Civil Litigation, Criminal Law and Real Estate Law
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Q: Can I sue for legal troubles after separating a landlord-tenant altercation?
I intervened in an altercation between my fiancé, who was the property owner, and her tenant. My fiancé attempted to forcibly enter the tenant's rental property, and as I was parking my car, I witnessed a scuffle and separated them. During this, the tenant fell backward onto a nearby... View More
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Landlord - Tenant, Civil Litigation, Criminal Law and Real Estate Law
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Texas
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Q: Can I sue for legal troubles after separating a landlord-tenant altercation?
I intervened in an altercation between my fiancé, who was the property owner, and her tenant. My fiancé attempted to forcibly enter the tenant's rental property, and as I was parking my car, I witnessed a scuffle and separated them. During this, the tenant fell backward onto a nearby... View More
John Michael Frick
answered on Sep 11, 2025
answered on Sep 11, 2025
Attorneys sometime differ in their professional opinions. This is one of those times.
I do not think that your fiance's initiation of the altercation did not create a foreseeable harm from the teenager's mother pressing felony criminal charges against you. There is a famous case... View More
3 Answers
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Car Accidents, Criminal Law, Personal Injury and Insurance Defense
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Texas
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Q: What are the legal steps after hitting a pedestrian at night on a highway in Texas?
I was involved in an accident where I hit a person who was out of their car in dark clothing without their flashers on at night along a major highway. I was not speeding, and I was given two sobriety tests by two different officers before being taken home by the police. My car was damaged, and the... View More
Tim Akpinar
answered on Sep 5, 2025
answered on Sep 5, 2025
Addendum - One additional point. I don't expect there would be a high likelihood of cameras being in operation on this open stretch of road. But in the event there were some form of traffic enforcement or monitoring camera, you could bring that to the attention of your insurance carrier. If... View More
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Car Accidents, Criminal Law, Personal Injury and Insurance Defense
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Texas
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Q: What are the legal steps after hitting a pedestrian at night on a highway in Texas?
I was involved in an accident where I hit a person who was out of their car in dark clothing without their flashers on at night along a major highway. I was not speeding, and I was given two sobriety tests by two different officers before being taken home by the police. My car was damaged, and the... View More
Tim Akpinar
answered on Sep 5, 2025
answered on Sep 5, 2025
A Texas attorney could provide the best guidance, but your question remains open for a month. I'm sorry about this accident; I'm glad the pedestrian survived. I can only discuss the civil aspects of your question. A Texas criminal defense attorney could advise best on the criminal aspects... View More
Q: Failure to appear and possession in Texas, legal options after not seeing a lawyer for over 170 days.
I was out on a PR bond but missed my court date due to lack of transportation. I was picked up in March 2025 and have not been read my rights, nor have I seen a lawyer or judge since then, and it's been 170 days. There hasn't been any communication from a legal representative, although... View More
John Cucci Jr.
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answered on Aug 30, 2025
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answered on Aug 30, 2025
I would first work on why you failed to appear at your court date. Have the reason, if any, put in writing. If you don't have any excuse for missing court, then tell the judge "I have no excuse." Some judges would rather hear you be honest, than hear some B.S. from you. If you have... View More
Q: What are the legal consequences of using a fake doctor's note for the first time in Texas without any charges from the employer?
I was caught using a fake doctor's note and have been fired from my job, although my employer has chosen not to press charges. I'm concerned about potential legal actions from the doctor or others involved. Considering this is my first offense, what should I expect next, and what steps... View More
John Cucci Jr.
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answered on Aug 27, 2025
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answered on Aug 27, 2025
Fraud in Texas has a very specific definition. It must include an element of you gaining something of value, or a release from an obligation. In other words, there must be a victim that has a loss. This is unless you were working for the government. In that case, false or fraudulent documents given... View More
Q: Concern about legality of digital interaction with possible minor in game
My friend had a mature digital conversation in a 17+ game, believing the person he talked to was 18+, especially since they discussed college campus events. After exchanging friendly selfies, he worried she might be under 18 (possibly 17) and subsequently removed his image and cut contact. The... View More
John Cucci Jr.
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answered on Aug 25, 2025
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answered on Aug 25, 2025
You say "mature digital conversation." I'll assume it was a conversation that included talk and words about sex, or sexual matters and/or acts. If the selfies contained actual genitals, of the "older" person, and the recipient, was under 18 or under the age of sexual... View More
Q: Can a case be thrown out due to mistakes in indictment papers and multiple questionable law enforcement interactions in Texas?
If there is a mistake made in someone's indictment papers, can the case be thrown out? My boyfriend is facing charges where his indictment papers state his blood alcohol content exceeded .08, but he never consented to a blood test or breathalyzer, and neither was administered. Additionally, we... View More
John Michael Frick
answered on Aug 20, 2025
answered on Aug 20, 2025
An indictment can be quashed due to mistakes; however, that does not preclude the district attorney securing a new indictment arising out of the same operative facts.
The other interactions with law enforcement likely will not materially impact the DWI indictment. Your boyfriend's... View More
Q: How do I file for custody of family member's children in Texas?
I am an aunt seeking full custody of my family member's two children. There are no existing custody arrangements or court orders. I believe full custody is necessary due to the parent's criminal and endangering behavior, which they deny as harmful to the children. What are the... View More
John Michael Frick
answered on Aug 20, 2025
answered on Aug 20, 2025
This is definitely not a do-it-yourself project. You need to hire a competent and experienced attorney who practices in the area of family law in or near the county where the children reside. Because you are a non-parent seeking to take children away from a parent, it is important that you hire a... View More
Q: Charged with felony firearm possession; video discrepancies.
I'm being charged with felony possession of a firearm. After reviewing the bodycam footage with my lawyer, I noticed that the events were shown in the wrong order and the location where the gun was found is incorrect. The bodycam video incorrectly shows the gun on the floorboard by my feet,... View More
Michael J. McConnell
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answered on Aug 13, 2025
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answered on Aug 13, 2025
Those discrepancies can potentially have a major impact on a case. It is great that you were able to diligently review the footage and point those things out to your attorney. The closer a criminal defense lawyer can work with their client, the better they can typically defend the case.... View More
Q: How long can Bexar County hold a vehicle involved in murder investigation?
On July 5, 2025, a vehicle belonging to a deceased person was seized by Bexar County, Texas, as part of an ongoing investigation into an attempted carjacking and murder. There's been no documentation or notice regarding the seizure, and no attorney has been contacted yet. Detectives stated... View More
John Michael Frick
answered on Aug 8, 2025
answered on Aug 8, 2025
If the vehicle is evidence, it can be kept as long as the investigation is open and must be kept for at least two years following any conviction or longer in some circumstances. In certain circumstances, parts of the vehicle could be kept indefinitely, for example, seats with unidentified... View More
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