Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Why does law authority that is doing surveillance all wear black and do they hide in the trees and the bushes? What kin
John Michael Frick
John Michael Frick
answered on May 20, 2024

Official law enforcement authorities doing surveillance wear black at night because it is difficult to see. Obviously, they would be unlikely to wear black in the daytime as they would then be very noticeable. Daytime surveillance would typically be conducted wearing plain clothes suitable to the... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can I b convicted of possession of a controlled substance even if it wasn't found on me but in my belongings?
Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on May 17, 2024

If it is determined that you were in an area in which you had actual care, custody, control, or management of the drug substance such as a home, car, or bag, although it may not be actual possession in your case, it can be constructive possession. Therefore, the prosecutor can argue constructive... View More

1 Answer | Asked in Criminal Law and Divorce for Texas on
Q: I want to fire my court appointed attorney but I have a status hearing in 6 days
John Michael Frick
John Michael Frick
answered on May 15, 2024

A mentally competent person can fire an attorney, including a court appointed attorney, any time without having to provide any explanation.

A court is not required to appoint a new court-appointed attorney or to grant a continuance of any setting. The defendant can represent him- or...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Who can legally carry a gun in texas?

My partner was denied to buy a gun in a federal background check for unknown reasons. He’s a permanent resident and not a felon and his background should be clean. He already owns a gun that was a gift from a friend. Is it legal for him to carry it?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2024

There can be a lot of different reasons your partner was denied the gun purchase by the Federal background check. Those checks are done in an inconsistent basis and can be political in nature. He may have a name that is the same as a person who is a felon or has pending criminal charges. There can... View More

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Yes, I would like to know how to I go about helping find a pro bono lawyer in East Texas for possession of marijuana,

Less than 2 ounces in a drug free zone

John Michael Frick
John Michael Frick
answered on May 9, 2024

Generally speaking, lawyers do not take criminal cases like this on a pro bono basis because indigent defendants are entitled to a court-appointed defense attorney. If you are not indigent, an attorney who is not a relative or close friend of yours most likely will not take such a case on a pro... View More

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: I paid by attny $1400 to have his PI serve a subpoena and then the PI company sent me an additional bill for $862 more.

I said I paid $1400 already and while they said the witness tried to evade getting served, she was within 10 miles of the PI company. I didn't have an agreement with the PI company myself.

I was just arrested for larceny for the $862 extra.

From what I've researched,... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

Typically, attorneys act as an agent for their clients in contracting for services like those of a private investigator. As with any contract, the principle (i.e. client) is legally responsible to contractors like private investigators for the cost of those services. As long as the agent... View More

1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Citizenship with rejected misdemeanor

I have been a permanent resident since Feb 2020.

In 2025, I could apply for naturalization and get citizenship.

In December 2023, I was arrested for domestic violence (slapped in the face wife once), I hired a criminal attorney and the DA office refused my case with no charges in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024

I understand that this is a sensitive and important situation. Based on the information you provided, here are my thoughts:

1. Eligibility for Citizenship in 2025

Even though the domestic violence charges were ultimately rejected by the DA's office, the arrest itself could...
View More

1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Is Class C Misd. Traffic Violations with Def. Adjudication in Texas a CIMT & affect asylum and/or EB status adjustment?

The accused was driving with head-tail lights off & confused. She has a pending asylee status [no asylum interview yet], and became a victim of rapid escalation, was arrested & accused with Misd. Class B: Fleeing a Police Officer in TX. It had NO damage, resistance, drugs/alcohol. The... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024

Based on the information provided, here are a few key points to consider:

1. Deferred adjudication is generally considered a conviction under U.S. immigration law, regardless of whether it's for a Class C misdemeanor (traffic violation) or a Class B misdemeanor (fleeing a police...
View More

1 Answer | Asked in Criminal Law, Civil Litigation, Small Claims and Landlord - Tenant for Texas on
Q: Is this Blackmail/Extortion? Or do I need to pay?

When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My brother is Incarcerated and is trying to fire his court appointed attorney because he feels he's not doing anything f

They will not let him fire his Court appointed attorney

John Michael Frick
John Michael Frick
answered on May 1, 2024

In Texas, a mentally competent individual can fire his attorney, including a court-appointed attorney, at any time for any reason.

He may not be entitled to a new court-appointed attorney and firing his attorney does not entitle him to a continuance. But he can fire his attorney as long as...
View More

View More Answers

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My brother is Incarcerated and is trying to fire his court appointed attorney because he feels he's not doing anything f

They will not let him fire his Court appointed attorney

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

In situations where someone feels their court-appointed attorney isn't effectively representing them, they have the right to request a change. This usually requires filing a motion with the court explaining why the current representation is inadequate. It's important for your brother to... View More

View More Answers

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More

View More Answers

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 29, 2024

You can file a Writ but they are difficult to win. I am sure that there is evidence . There had to be witnesses that were going to testify. They don't have to have DNA or a video to find someone guilty .

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: I let my sister hold $10,000 of my cash in Texas. Her husband lent us his car and it was damaged can he take my money?

he took my money from my sister and refused to give it back because his car was damaged. Is that legal?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

Not legal unless the deposit of the money was for the purpose of securing or insuring the car you borrowed. What he did is called conversion, and may be considered a felony theft. If he doesn't give the $ back, or try to make arrangements with you, then you should call the police to get your money.

1 Answer | Asked in Criminal Law for Texas on
Q: Hello, my son is being coerced to accept the DA 40yr plea deal instead going to trial. Poor representation by attorney

my son is currently incarcerated in the Harris County Jail downtown for a capital murder that he did not commit no gun , no one was there to say it was him. Just a young lady who assume my son went to kill this person on her behalf. The DA claim my son admitted during interrogation that another... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

If your son did not commit the murder, your son should not accept the plea deal.

If your son is not receiving quality legal representation from his current lawyer, you should hire a different lawyer to defend him.

Capital murder cases are the most scrutinized criminal cases on...
View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Texas on
Q: What are the ethics rules when a patient sexually assaults their doctor and the doctor continues to treat the patient?

A doctor is sexually assaulted by their patient, does not report the situation to law enforcement, and continues to treat the patient for another two years until their death. Is the doctor violating any ethics rules? Does the doctor have an obligation to refer the patient to a new physician who... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

That's a horrible story!

The patient should have gone to jail!

Each State has ethical rules with which every Doctor must comply as part of having a license to practice medicine.

However, none of the rules limit the rights of any doctor, who is a victim of a crime....
View More

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What if you genuinely don’t know there is a firearm in the vehicle and I’m a convicted felon? Can they ask the driver?

Can the ask the driver if you knew or not? How does that work?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

If you are a convicted felon and are riding as a passenger in a vehicle in which a firearm is found, the police may question the driver about whether you knew of the firearm's presence. However, the driver is not obligated to answer police questions.

Here are a few key points to...
View More

1 Answer | Asked in Criminal Law for Texas on
Q: if you are charged with failure to ID and resisting, even though you never refused to id, and "allegedly" resisted, and

the DA gives you a plea deal. Can you have the charges dismissed with prejudice after 180 days if you never had a hearing in front of the judge to determine if you would go to trail or not? especially if the initial charge that the officer was called out for was dropped the very next day after you... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

Whether the DA will dismiss the charges depends on the facts and circumstances of your particular situation and how persuasive your defense lawyer is. There is no legal requirement that a case be dismissed "after 180 days." You may be thinking about the law that requires the court to... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My husband was arrested a week ago for a assault charge that he caught while he was incarcerated back in 2019

He never knew he had a warrant and all his info including address emergency contact all stayed the same so it's not like they didn't know how and where to find him . In the 4 yrs he had no idea he was wanted for assault on a officer not a single clue,no letter nor have the cops been to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

I understand this is a difficult and stressful situation. Here are a few steps that may help your husband with his legal case:

1. Contact a criminal defense attorney: It's important to have legal representation to protect your husband's rights and build a strong defense. Look for...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.