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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: On what basis can an inmate object to a motion to withdraw from the attorney after an anders brief was file

The Anders Brief was filed on inmates appeal.

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

The inmate would need to object to the failure of the attorney to comply with Rule 38 of the Texas Rules of Appellate Procedure, if applicable, and the the failure of the attorney to comply with the requirements of Anders v. California, if applicable.

1 Answer | Asked in Criminal Law for Texas on
Q: Why was a person who was released from prison after serving 2 years, Denied parole. Arrested for robbery, remain free?

Texas

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

In most instances, a person accused of a crime is entitled to be released from jail pending trial upon posting reasonable bond and complying with the conditions of the bond. This right is guaranteed by the Texas Constitution.

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Are there any federal lawyers that are under 10,000 dollars?? Or pro bono federal lawyers that aren't court appointed?
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Probably not. Federal court requires more paperwork and time than state court. $10,000 to plea a case in federal court is about right given the likely time and effort that will be required.

Because our Constitution guarantees the right to counsel to indigent defendants, pro bono legal...
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1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: If i am disabled and mentally incompetent at time of conviction can Anything be done .

I was forced to sign up. Please bargain and charged, but i'm not guilty And I'm mentally disabled. My family and I told them that I needed special disability court, but they did not comply at all

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

You can timely appeal on the basis that your plea was not entered into knowingly and voluntarily. You will need to establish through expert medical testimony. Mentally incompetent means lacking the ability at the time of your plea, based on reasonable medical judgment, to understand and... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Q: Am I able to sue my c.l.husband, his dad, his friends for stealing , trashing and ruining my belongings while I was out

Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More

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

You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.

You don't mention exactly...
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1 Answer | Asked in Criminal Law, DUI / DWI and Health Care Law for Texas on
Q: I have myofascial syndrome and because the officers didn't like my answers they decided it was narcotics and threw jail

They didn't find anything in purse. On me or in vehicle. Need a lawyer to defend me in court. I took blood test and shouldn't have been arrested. I was stressed and confused which is a symptom of my disease

Justin Barrett Wilson
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Justin Barrett Wilson
answered on Jul 5, 2024

Sadly I have seen many DWI arrests take place when officers misinterpret a physiological or neurological condition as intoxication. While I completely understand your frustration about the situation, I can hopefully shed some light on the situation for you.

First of all, your case points...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: If someone is under investigation how long can they be held in jail?

My brother is in jail on a drug charge the DA isn't accepting any pleas due to him being part of an ongoing investigation, how long can they prevent him from finishing up the charges he is being held in jail for? They keep resetting him rather than offering him anything and letting him sign... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

At any time, even without a plea bargain in place, your brother can enter a plea of guilty and ask to be sentenced by the court. This is called an "open plea." The judge will then determine his punishment within the range of punishment for the offense and he will receive credit for the... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: My trailer is parked in a friends driveway when l went to pick it up he wants to charge me can he do that?
John Michael Frick
John Michael Frick
answered on Jul 1, 2024

If you commit a crime, your friend can notify police and file a police report. Law enforcement will then refer the case to the district attorney who will decide whether to file criminal charges against you.

The fact that your trailer is parked in your friend's driveway does not excuse...
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1 Answer | Asked in Criminal Law for Texas on
Q: Attorney can’t find my court files from 1997 when he went to pull them. Is that good or bad thing?

I’m talking to this writs attorney. About this terrible case I have from 90’s that I was coerced into a statement. I’m trying to hire an attorney who will at least try to help me. I was accused of Agg, Sex Assault and indecent with child contact. I just turn 18 & she was 13, which I... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Courts lose records. Sometimes an event like a fire or flood or tornado destroys them It's less likely nowadays with so many records stored electronically, but many records in the 1990s were still in paper format. Lost or destroyed court records can often be reconstructed from other copies.... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Lawyer mislead client on a case advising that is was a ticket not a deferred probation. Now on my record

My attorney urged me to sign despite my concerns after charging me 10,000 in advance having done no actual work,

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

he two terms are not mutually exclusive. A case can be the result of a ticket and can be disposed of by deferred probation. T

When a case is a "ticket," that means the defendant has been issued a citation to appear (the "ticket") rather than being placed under arrest...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: do court appointed attorneys have to communicate with thier clients

my son was charged with aggravated sexual assault and given 82 years in prison but filed an appeal but his court appointed attorney hasn't communicated at all with him is this normal? i cant afford a private attorney for him I am afraid dead lines will be missed and he hasnt even spoken to him... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Typically court-appointed attorneys do speak with their clients as needed. Because an appeal must be based on what is already "in the record," a court-appointed appellate attorney has much less need to speak with a client than the trial attorney did. By "in the record" I mean... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Can I file a complaint and Sue a police officer for not doing there job when some breaks into your home

My home was broke into and tooken over by people that had no right to be in the home they physically threw me out and when I call the police they said it was a civil matter

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2024

NO!

The police do not have to enforce laws. While it is the job of the police to enforce criminal laws, you can not force them to do so. I know it sounds crazy, but that is the law. The only time a police officer must act, is when a "Special Relationship" has been established....
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2 Answers | Asked in Criminal Law for Texas on
Q: Can I file a complaint and Sue a police officer for not doing there job when some breaks into your home

My home was broke into and tooken over by people that had no right to be in the home they physically threw me out and when I call the police they said it was a civil matter

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Police officer probably has official immunity. You can, however, file an eviction proceeding to evict the people who are occupying your home. When you win, you will be entitled to a writ of possession which will be executed by the Constable's office. It is the Constable's job to evict... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: my husband was arrested at work, but charged with possession of stuff that he had at home. Is that right to do?

when they got him at his job he was brought back to my house and my house was searched. Could the marshals have done that without a warrant? if not, is there something that can be done?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

Based on the information provided, there are a few important legal issues to consider here:

1. Arrest location vs. charge location: It's not unusual for someone to be arrested in one place (like work) for crimes allegedly committed elsewhere (like at home). The location of arrest...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: How can I request a motion to amend Community Supervision for ADA accommodations requests if I can't afford a lawyer?

I have been placed on community supervision, but am having issues with meeting conditions due to mental and physical disabilities. My community supervision officer hasn't she taken into account my disabilities, amongst other barriers I am struggling with. No accommodations nor a plan to make... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

To request accommodations for your disabilities while on community supervision in Texas without a lawyer, you can take the following steps:

1. Document your disabilities:

- Gather medical records and documentation of your mental and physical disabilities.

- If possible, get...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Can I appeal my plea bargain? How?

Inadequate representation of legal counsel.

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

You always have the legal right to appeal even if you have no chance of prevailing.

In Texas, under certain circumstances, you can appeal an unknowingly or involuntarily accepted plea bargain. Inadequate representation of counsel could give rise to a situation in which a defendant...
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2 Answers | Asked in Criminal Law, Employment Law, Internet Law and Stockbroker Fraud for Texas on
Q: Got online job, it paid with crypto but started asking for $ to make more, now will not return funds, what should I do?

Around $20k lost, have records of all communication and transactions. Have contact info for numerous employees as well, job seemed like legitimate company but may have been spoofing the real one. Was reached out to by a recruiter from legitimate website like Indeed.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

I'm sorry to hear about your situation. The first step you should take is to gather all your evidence, including communication records, transaction details, and the contact information of the employees you interacted with. This documentation will be crucial for any legal action or... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: A vehicle used for a business but you are not the owner. At what point do you no longer control that vehicle.

Let’s say you return to the owner of the vehicles private property and it wasn’t until after you exited the vehicle a police officer pulls up and turns on his lights. One officer runs my drivers license and checks for warrants and I am cleared on private property. The owner of the vehicle ask... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2024

The fact pattern you describe raises a fact question as to who was in possession of the "something" the police officer found inside the car. Because you had just exited the vehicle as the police officer was arriving, there is a reasonable suspicion (i.e. probable cause) that the... View More

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Texas on
Q: Can my husband put me.in jail lying to police saying I did drugs planting them on me in my sleep

My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

With respect to the criminal charge, if you are indigent, you will receive a court-appointed attorney.

Since you maintain that you are innocent of the charges, you should secure a hair follicle drug test as soon as possible to corroborate your testimony that the drugs were planted and do...
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1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Family Law for Texas on
Q: Can my husband put me.in jail lying to police saying I did drugs planting them on me in my sleep

My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jun 17, 2024

It is unfortunate that your husband would do such a thing after supporting him for 25 years. You will need to hire an attorney to argue your legal defense and obtain the best possible outcome which should be the dismissal of your case under the provided facts and circumstances. If you do not have... View More

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