Texas Criminal Law Questions & Answers
Q: If i appear in court in arkansas and have a warrant in Texas can they arrest me
Grant St Julian III's answer
Yes, but whether that will happen or not is unknown. Contact an attorney in the county where your Texas warrant is pending to see what can be done about posting a bond.
Yes, but whether that will happen or not is unknown. Contact an attorney in the county where your Texas warrant is pending to see what can be done about posting a bond.
Q: Can a lawyer I fired file a motion in my criminal case 2 mths after fired? I told the judge by ltr 1 mth prior to motion
Kiele Linroth Pace's answer
Anyone could file anything into the public case file but they can't file on the defendant's behalf unless they actually represent the defendant in the case.
There should be a court order releasing your fired attorney. Simply telling the judge isn't enough. Many judges won't release an attorney until there is a different attorney ready to officially become your attorney of record. If the case is still pending and progressing, the judge may REQUIRE your fired attorney to do certain...
Anyone could file anything into the public case file but they can't file on the defendant's behalf unless they actually represent the defendant in the case.
There should be a court order releasing your fired attorney. Simply telling the judge isn't enough. Many judges won't release an attorney until there is a different attorney ready to officially become your attorney of record. If the case is still pending and progressing, the judge may REQUIRE your fired attorney to do certain...
Q: While getting a ride from a friend he had gotten pulled and i end up getting arrested for possession of a controlled sub
Grant St Julian III's answer
Get with an attorney, have her/him discover all the charges the State has filed and what evidence there is against you, and discuss your options. Good luck.
Get with an attorney, have her/him discover all the charges the State has filed and what evidence there is against you, and discuss your options. Good luck.
Q: Is it legal for a bondsman to refer an attorney when both know the judge personally and they know the clients money amnt
1 Answer
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Legal Malpractice, Criminal Law and Gov & Administrative Law
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Texas
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Answered on Mar 8, 2019
Answered on Mar 8, 2019
Kiele Linroth Pace's answer
Was it just a friendly referral? If the attorney compensates the bondsman for the referral it might be the crime of "Barratry and Solicitation of Professional Employment" see Penal Code 38.12. If that happened then the client can void the contract with the attorney and file a lawsuit to recover the fee, if they win the can also recover a $10K penalty against the attorney that committed barratry plus that attorney has to pay the client's civil attorney... See Government Code section 82.0651.
Was it just a friendly referral? If the attorney compensates the bondsman for the referral it might be the crime of "Barratry and Solicitation of Professional Employment" see Penal Code 38.12. If that happened then the client can void the contract with the attorney and file a lawsuit to recover the fee, if they win the can also recover a $10K penalty against the attorney that committed barratry plus that attorney has to pay the client's civil attorney... See Government Code section 82.0651.
Q: How to find out if someone's charge was lowered from a felony to a misdemeanor ?
Kiele Linroth Pace's answer
If the case is over, determine which county the felony case was filed in and examine the case file in the District Clerk's office for that county. Some clerks have a website with this type of information, others you'll need to call or visit in person.
If the case is still active/pending, ask a criminal defense attorney that practices in the county where the case was file because there may be an easier way to check status than going through the District Clerk's office.
If the case is over, determine which county the felony case was filed in and examine the case file in the District Clerk's office for that county. Some clerks have a website with this type of information, others you'll need to call or visit in person.
If the case is still active/pending, ask a criminal defense attorney that practices in the county where the case was file because there may be an easier way to check status than going through the District Clerk's office.
Q: Can an 18 years old male have sexual activities to a 16 year old girl? What is legality in terms of this in Texas?
Kiele Linroth Pace's answer
It depends on what exactly you mean by "sexual advances" but the potential offenses are Sexual Assault, Indecency with a Child, and Sexual Performance by a Child. You'll need to compare what actually happened to the definitions of those crimes in the Texas Penal Code to determine which, if any, apply to your specific situation.
If she consented then he may have an affirmative defense that he is less than 3 years older.
It depends on what exactly you mean by "sexual advances" but the potential offenses are Sexual Assault, Indecency with a Child, and Sexual Performance by a Child. You'll need to compare what actually happened to the definitions of those crimes in the Texas Penal Code to determine which, if any, apply to your specific situation.
If she consented then he may have an affirmative defense that he is less than 3 years older.
Q: Can you look up a prisoners court documents from 1995 online?
Kiele Linroth Pace's answer
The good news is that the court documents almost certainly still exist somewhere. Unfortunately, there is not a uniform system for obtaining copies of them. Some jurisdictions have court information online and others don't. You'll just have to check the jurisdiction where the case was filed to determine if you can get the information online or if you'll need to contact the clerk's office. It is probably best to CALL the clerk before making any significant travel in person because there is a...
The good news is that the court documents almost certainly still exist somewhere. Unfortunately, there is not a uniform system for obtaining copies of them. Some jurisdictions have court information online and others don't. You'll just have to check the jurisdiction where the case was filed to determine if you can get the information online or if you'll need to contact the clerk's office. It is probably best to CALL the clerk before making any significant travel in person because there is a...
Q: Is it illegal for someone to post your name and number online and solicit sex meet ups?
Kiele Linroth Pace's answer
There are several distinct ways to commit the crime of Harassment and this seems like it may fit one of the definitions. The full legal definition is in Chapter 42 of the Texas Penal Code so you'll have to compare the text of that statute to your situation to be certain that it fits.
Even if you are 100% sure it is Harassment, you still need to figure out WHO did it .... otherwise who could be charged with the crime? If changing your number worked to give you peace then it might be...
There are several distinct ways to commit the crime of Harassment and this seems like it may fit one of the definitions. The full legal definition is in Chapter 42 of the Texas Penal Code so you'll have to compare the text of that statute to your situation to be certain that it fits.
Even if you are 100% sure it is Harassment, you still need to figure out WHO did it .... otherwise who could be charged with the crime? If changing your number worked to give you peace then it might be...
Q: I went to jail on a ticket then got out had court date missed court am I gonna go to jail?
Kiele Linroth Pace's answer
Here in Austin, the municipal court does not arrest people on traffic warrants when they come in person to take care of business on those warrants. This is true even if the person is coming in to set up a payment plan to pay it off over time. To avoid going down there at all you could hire a traffic ticket attorney or make a payment online or by phone.
The question is filed under "Texas" but doesn't specify which city. If you are not in Austin then you'll need to get the answer from...
Here in Austin, the municipal court does not arrest people on traffic warrants when they come in person to take care of business on those warrants. This is true even if the person is coming in to set up a payment plan to pay it off over time. To avoid going down there at all you could hire a traffic ticket attorney or make a payment online or by phone.
The question is filed under "Texas" but doesn't specify which city. If you are not in Austin then you'll need to get the answer from...
Q: Does charging towards another person with a clenched fist constitute simple assault in Texas?
Kiele Linroth Pace's answer
It could be Assault by Threat.
You can read about the specifics of that offense here: https://www.pacefirm.com/faq/assault-by-threat.html
The Texas law on self defense allows the use of force when you reasonably believe force is immediately necessary to protect oneself from another person's use of unlawful force or attempted use of unlawful force. See Texas Penal Code 9.31 for the specifics.
Suppose a person who does not have a legal justification for shooting you...
It could be Assault by Threat.
You can read about the specifics of that offense here: https://www.pacefirm.com/faq/assault-by-threat.html
The Texas law on self defense allows the use of force when you reasonably believe force is immediately necessary to protect oneself from another person's use of unlawful force or attempted use of unlawful force. See Texas Penal Code 9.31 for the specifics.
Suppose a person who does not have a legal justification for shooting you...
Q: Probation revocation is possibly In the process to take effect.
Grant St Julian III's answer
Any time spent in jail awaiting transfer to an ISF facility, and the time spend in the facility is considered a condition of probation and does NOT court towards time served on any sentence. Comply with your PO's request. Good luck.
Any time spent in jail awaiting transfer to an ISF facility, and the time spend in the facility is considered a condition of probation and does NOT court towards time served on any sentence. Comply with your PO's request. Good luck.
Q: My motorcycle was stolen then recovered. The suspect has been arrested. Is it worth me finding a lawyer for help
Grant St Julian III's answer
Contact the Victim's Compensation Fund in your area. Get the contact information for the District Attorney who is prosecuting the person who stole your motorcycle and discuss restitution. Good luck.
Contact the Victim's Compensation Fund in your area. Get the contact information for the District Attorney who is prosecuting the person who stole your motorcycle and discuss restitution. Good luck.
Q: Hi. May you receive probation for a state jail felony with no criminal history? The state jail felony was for theft.
Grant St Julian III's answer
Probation is available for state jail felony cases. What will happen in any specific case, however, will depend on the evidence the State has in its possession. Contact an attorney. Good luck.
Probation is available for state jail felony cases. What will happen in any specific case, however, will depend on the evidence the State has in its possession. Contact an attorney. Good luck.
Q: My boyfriend was arrested for theft u/2500 w/2 or more priors -ct1- bf surety what does this mean
Lucio Antonio Montes' answer
The state is allowed to enhance any theft to a felony when a person has committed to other thefts. It seems as though he is being charged with a state jail felony. This is a result of his 2 prior theft convictions. He is facing 180 days to 2 years in a State jail facility. You should speak to a local criminal defense attorney that can give you a better sense of what the likely outcome is, defenses, and what you should do next.
The state is allowed to enhance any theft to a felony when a person has committed to other thefts. It seems as though he is being charged with a state jail felony. This is a result of his 2 prior theft convictions. He is facing 180 days to 2 years in a State jail facility. You should speak to a local criminal defense attorney that can give you a better sense of what the likely outcome is, defenses, and what you should do next.
Q: In South Carolina, there's a law that states it's legal to beat your wife on the first steps of a court house
Roy Lee Warren's answer
So your Question? It is illegal to beat your wife anywhere in Texas, as I assume it would be in SC. Of course the Bible says a man should not beat his woman with anything bigger around than his thumb, thus the saying, "the rule of thumb". Still does not make it right.
So your Question? It is illegal to beat your wife anywhere in Texas, as I assume it would be in SC. Of course the Bible says a man should not beat his woman with anything bigger around than his thumb, thus the saying, "the rule of thumb". Still does not make it right.
Q: How to get access to sealed juvenile records in Texas? The case was a sexual abuse case & the plaintiff recanted
Grant St Julian III's answer
You must petition the Court that sealed the records and obtain an Order from the Judge to allow access to the files. You will need an attorney Good luck.
You must petition the Court that sealed the records and obtain an Order from the Judge to allow access to the files. You will need an attorney Good luck.
Q: If my brother was killed by a cop in his own back yard. What if anything can I do?
Rahlita D. Thornton's answer
Without more facts and details this question can not be answered with any full legal analysis. If you believe it was a violation of his civil rights then you should consult a lawyer as soon as possible. Good luck and sorry for your loss.
Without more facts and details this question can not be answered with any full legal analysis. If you believe it was a violation of his civil rights then you should consult a lawyer as soon as possible. Good luck and sorry for your loss.
Q: Can a prior off my record charge when I was in foster care enhance current charge? Both same charge just 8 years apart
Kiele Linroth Pace's answer
I'm assuming the charge was Assault since this question is marked "domestic violence" and Assault is one where the level of the offense can be raised by a previous conviction. For example, the offense named "Assault Causing Bodily Injury - Family Violence" is a class A misdemeanor punishable by a maximum sentence of 1 year in county jail or 2 years probation. However, if the defendant has a previous conviction it can be filed as a third degree felony, punishable by up to 10 years in the...
I'm assuming the charge was Assault since this question is marked "domestic violence" and Assault is one where the level of the offense can be raised by a previous conviction. For example, the offense named "Assault Causing Bodily Injury - Family Violence" is a class A misdemeanor punishable by a maximum sentence of 1 year in county jail or 2 years probation. However, if the defendant has a previous conviction it can be filed as a third degree felony, punishable by up to 10 years in the...
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