Texas Criminal Law Questions & Answers

Q: how do i expunge my record in TX? the charge was dismissed

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 23, 2019
Kiele Linroth Pace's answer
The thing about an expunction is that portions of the law are somewhat convoluted and it needs to be done properly the first time. Its not a safe D-I-Y project because, if done improperly, there is the possibility of creating orphaned records that can't easily be fixed by just filing another expunction. Your best bet is to hire an attorney that practices criminal defense in the county where you were arrested.

Q: how do I subpoena the court for evidence and body camera footage?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 23, 2019
Herman Martinez's answer
Your lawyer will be provided that once they do a discovery request. Once they receive it you will be able to see the body cam that is provided.

In Texas, the Morton Act requires the State to give all non privileged evidence to the defense attorney.

Q: Is it legal for police to film you with on private property?

2 Answers | Asked in Criminal Law for Texas on
Answered on Jan 23, 2019
Gary Kollin's answer
It is not illegal.

However, the veracity of your story will be doubted because you never photographed the car.

Second you have no evidence it was the police

Q: is it obstruction of justice for a peace officer to keep info from another peace officer at a scene?

2 Answers | Asked in Criminal Law for Texas on
Answered on Jan 22, 2019
Victoria Collins' answer
No, it doesn’t sound like obstruction of justice took place: it sounds more like a decision had to be made to protect both parties. In Texas, an arrest is mandatory in a domestic abuse report. Unfortunately for you, you’re spouse made the call and you did not. Prior incidents are irrelevant as to who is the aggressor in the current situation.

Q: What does a business owner do when someone says they left the door open for them to steal guns from adjoining business

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 22, 2019
Kiele Linroth Pace's answer
Do not speak to investigators without an attorney present if you are suspected of being involved in a crime.

Q: I fought a 16 year old on her property and I’m 15 and she wants to press charges what would happen to me

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Answered on Jan 22, 2019
Kiele Linroth Pace's answer
If you were prosecuted it would most likely be in juvenile court unless there are special circumstances. Don't be afraid to get your parents involved.

Q: Unlawfully Carrying a Firearm

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 14, 2019
Kiele Linroth Pace's answer
Can the indictment allege a different set of facts other than what is sworn to in an officer affidavit? Yes. Assuming they get it past a grand jury, an indictment could allege that you assaulted the Tooth Fairy. Whether the indictment survives a motion to quash and whether the prosecution can prove their case beyond a reasonable doubt ... those are probably he real questions you should be discussing privately with your criminal defense attorney..

Q: What is the remedy for a court that lacks subject matter jurisdiction on an offense

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 14, 2019
Kelli Y Allen's answer
I'm not sure what your specific question is in relation to criminal law, but in general, if you allege that a court lacks subject-matter jurisdiction, you are asking that the case be dismissed (saying it must be dismissed as a matter of law due to lack of authority to hear the case.)

Q: Can a policeman charge you with possession of cocaine if you actually have crack on you legally

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 14, 2019
Victoria Collins' answer
Yes, you can be arrested for possession of any illegal substance. However if police misidentify the substance you actually possessed the DA can drop the charge on the cocaine and then proceed on a charge for the crack.

Q: Ok so like if my judgement papers from 2003 the day of my sentencing say from the judge I don't have to register under a

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Answered on Jan 12, 2019
Victoria Collins' answer
If a person is convicted of a sexually-oriented crime then that person is required under Chapter 62 to register as a sex offender. However, without more information here I can’t make determination as to the length of time you were required to remain registered. Further, their are options available under that same chapter that allows motion for early release or exemption.

Q: My son got locked up on a conspiracy charge and he's a minor still what will happen to him

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Answered on Jan 11, 2019
Holly Marie Hammons' answer
If your son has no previous record generally the State will recommend a deferred adjudication meaning if he completes probation successfully the charge will not be on his record. Juvenile records are sealed and can only be opened under limited circumstances. Probation for a juvenile is generally community sentence, stay out of trouble, go to school, and keep appointments with the probation officer. That being said conspiracy is difficult to prove in my experience.

Q: Can I self revoke probation w/out a lawyer. I do not have a job and cannot afford the requirements.

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 11, 2019
Holly Marie Hammons' answer
If you are currently on probation and you fail to fulfill the requirements the State could revoke your probation and sentence you to serve the remainder of your sentence in jail or prison depending on the charge. If a revocation is filed in your case you could qualify for a court appointed attorney. I would not recommend doing this without an attorney.

Q: Can they charge me with a possession of marijuana if i call the cops for a breaking and entering?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 9, 2019
Kiele Linroth Pace's answer
They *could* charge you with assaulting the Tooth Fairy! The real question is whether they will have enough admissible evidence to prove every element of the offense beyond a reasonable doubt.

If you invited them into your home to investigate one crime, but they found evidence of a different crime, then the question is whether the evidence is admissible. Did you invite them to look at the busted door frame and instead they looked in your sock drawer? Don't answer on this public...

Q: Police say drug found in plain view but I was not charged with anything related to the drug upon arrest?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 9, 2019
Kiele Linroth Pace's answer
Without looking at the evidence, no attorney can give you anything more than a guess. Your current attorney can't share the evidence with anyone who is not on the defense team. Therefore, you can't get a REAL second opinion like you could with a medical diagnosis unless you HIRE another attorney... all you can get is a guess.

Q: Hello, I have my 16 yr old daughter in court on a family violence charge. Judge says I need a lawyer, cant afford

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Juvenile Law for Texas on
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Inform the court of your inability to pay and you may be able to get court appointed counsel for no charge.

Q: I have a judge ordered CS payment due for 1/2019. Have 2 pay in full or can I split up pay as long as it's by 1/31/19?

1 Answer | Asked in Criminal Law, Family Law, Child Support and Municipal Law for Texas on
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Look at your order for the due date. Follow that. It should state the exact date that it is due. To be on the safe side pay be that date.

Q: I was charged with poss of cs, Looking for a probono attorney who would be able to look in my case.

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 4, 2019
Roy Lee Warren's answer
You can contact the State Bar and ask for names of those in your area that do such work. Also see the link below. Good luck.

https://www.sll.texas.gov/for-attorneys/legal-resources-online/

Q: If witness comes forward claiming to have been forced to make false testimony will that witness be charged with pergury?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 4, 2019
Roy Lee Warren's answer
It likely depends on the credibility of the witness and the circumstances tending to corroborate the different story. You may want to have the witness speak with defense counsel first.

Q: While I was out of town, my tenant took a purse of mine and pawned it at a pawn shop. I have proof, what can I do?

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Answered on Dec 30, 2018
Kiele Linroth Pace's answer
Call the non-emergency number for the police if you live inside the city limits, otherwise call the Sheriff's department. Also go to the Justice of the Peace precinct for the address of the property and ask about how to legally do an eviction.

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