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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Theft of property over 2500 w/2 or more prior convictions, evading arrest or detention 2 priors and 3 traffic misdemeano

My boyfriend (already a felon) was arrested in collin county on the above felony charges as well as expired registration expired operator license and failure to comply with TX motor vehicle safety. He was just released from rockwall county in September of this year for his 3rd felony theft... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 10, 2019

If the prosecutor has the evidence and inclination to charge him as a HABITUAL FELON then he could be in the penitentiary for a very long time.

See: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm#12.42

2 Answers | Asked in Criminal Law for Texas on
Q: If a driver is not aware of the drugs found in his vehicle what can be done
Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 10, 2019

The driver should hire the best criminal defense attorney who takes cases in the county where the charges are filed.

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1 Answer | Asked in Criminal Law for Texas on
Q: I’m not sure how to start, but I want to file a motion for early termination of my probation.

Completed all conditions of my probation. This is month 7 or 8 of my 15 month sentence.

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 10, 2019

You should probably start by contacting the attorney that helped you with your case. If you don't want to use that attorney then contact another criminal defense attorney who takes cases in the same COURT that put you on probation.

2 Answers | Asked in Criminal Law for Texas on
Q: What are the chances of someone getting convicted based on circumstantial evidence
Roy Lee Warren
Roy Lee Warren answered on Dec 9, 2019

Thanks for your question. The answer depends on whether a good lawyer is hired to select a jury that will be favorable to the defense. Circumstantial evidence is not afford more or less weight unless the jury decides it is not credible.

The only time a defendant has his or her own fate in...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: If found guilty of public affray but with no relation between the other individual can you still carry a firearm. In NM
Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 9, 2019

Since the location on this question is a city in Texas, it is only likely to be seen by attorneys in Houston, Dallas, San Antonio, or Austin... If you are asking about New Mexico law, you need an answer from an attorney somewhere like Albuquerque, Las Cruces, Santa Fe, or Roswell.

You...
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1 Answer | Asked in Criminal Law and Municipal Law for Texas on
Q: What does anno and nisi mean

These phase was in my background check for my court dates

Grant St Julian III
Grant St Julian III answered on Dec 9, 2019

"Anno" means the case is scheduled for an announcement setting, and "nisi" refers to the status of the bond posted in the case. "Nisi" is not good. Call your lawyer. Good luck.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I’m high risk pregnant and been put on bed rest in hospital been here for weeks and if I get to go home I’ll be on bed

Rest but I have pending charges and court dates while in the hospital but soon as I get out I have no family here and I’m homeless here in Dallas Texas so my doctor is wanting me to move back home to Kansas where someone can care for me due to me being in bed rest what can happen to me? But the... Read more »

Grant St Julian III
Grant St Julian III answered on Dec 9, 2019

Contact the Court where your cases are pending and explain your medical situation. Request an attorney be appointed to represent you. Good luck.

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1 Answer | Asked in Criminal Law for Texas on
Q: I’m in the hospital right now due to pre term labor but I have to be here for awhile but I have court for false charges

2 felony charges and 2 misdemeanor charges what will happen to me?

Grant St Julian III
Grant St Julian III answered on Dec 7, 2019

Obtain documentation about your medical situation and have your attorney present same to the court. Good luck with the baby.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will I go to jail I’m facing false felony charge for assault with deadly weapon felony for child endangerment 1 mid assa

Bodily injury and misdemeanor assault family violence

Grant St Julian III
Grant St Julian III answered on Dec 7, 2019

If the allegations are found to be false, you will not go to jail. If the charges filed against you are proven to be true beyond a reasonable doubt, jail time is a possibility. Consult with an attorney. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: If someone got sentenced for murder today, how can I look that up online with no name of the person?

My brother’s killer was sentenced today and I’m trying to find information as my brother’s family has excluded me from that information. Simple google research has lead me no where without the persons name. Thank you.

Anthony M. Avery
Anthony M. Avery answered on Dec 6, 2019

A more direct approach would be to contact the Clerk of the Criminal Court in the County where the Murder occurred. A few questions should reveal who was prosecuted for killing your Brother. There may be little information available in the Court Records, but once you find the File, read the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I was cited for possession of drug paraphernalia. I have a 2009 2nd deg felony poss charge. What am i facing possibly?
Grant St Julian III
Grant St Julian III answered on Dec 3, 2019

The possession of drug paraphernalia is still a class c misdemeanor, punishable by fine only.

1 Answer | Asked in Criminal Law for Texas on
Q: Is it against the law that a 36 year old man be calling/texting with a 16 year old?

there is no sexual contact or no sexual texting or calling. Plus he is related to me he is my uncle.

Grant St Julian III
Grant St Julian III answered on Dec 3, 2019

As a general rule, the answer to your question is no; otherwise, it would be hard to fill teaching positions. I suspect, however, that more facts must be uncovered about the situation which led you to ask the question.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: can someone filed charges of threatening to my son 17 years old ?

My son was giving word back to someone who was saying fight me then he called the police and told them that my son threatened him I was there and explained to them the situation but the police still gave us case number of threats! What will happen next?

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 1, 2019

If he is 17 then he is considered an adult for the purpose of CRIMINAL LAW in Texas. He will probably be charged with either Assault By Threat or Disorderly Conduct. Both are class C misdemeanors with a maximum fine of $500. He will probably receive a court date. If he fails to appear then he... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Does hippa protect parole officers calling to verify medical documents?
Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 1, 2019

HIPAA protects a patient's medical records from general public release but it generally allows them to be used in criminal prosecutions, especially if a judge subpoenas the records. The rules and requirements for the use of medical records in criminal cases are built right into the HIPAA law... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Will someone please explain what chapter 32 of the Texas Code of Criminal Procedure means?
Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 1, 2019

Chapter 32 contains two articles. The first article is wordy, but it effectively means the prosecution should prioritize seeking grand jury indictments for those defendants who are in jail pending trial because they didn't make bail. The second article explains the method for a prosecutor to... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is the county attorney supposed to give advice to and discuss pleas with plaintiff without hearing defendant?

My ex had me charged with harassment in Parker CO. tx this year and I haven't had a voice in court but for months he's been talking to the county attorney who advised him to take away my only transportation to work because it's in both our names and then told him she's made up her mind about me... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 1, 2019

Yes, it is legal. The county prosecutor is not a neutral arbitrator. She is a state employee and her job is to protect the "peace and dignity of the State of Texas" against criminals. She believes YOU are a criminal. The person on your side in all this is your criminal defense attorney... not... Read more »

1 Answer | Asked in Criminal Law and Communications Law for Texas on
Q: If someone was lied to about a court date what can they do? In Texas

My friend thought a court date was in December. He got a text message on November 17th saying that if he doesn't go to court the next day he will have a warrant for his arrest. He called them because he wasn't aware of this, then the lady asked for his full name and stuff to look up when it is and... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 27, 2019

I suggest your friend call the court to ensure that it is a legitimate call to begin with.

2 Answers | Asked in Criminal Law for Texas on
Q: When you get probation in two different counties and they run it CC what all is included fees,hours etc

In Tarrant and Wise county. I got two years for Wise , at court for Tarrant county they decided sentence wise gave me two years deferred then they would do the same and run it CC... I'm confused because I have two hundred and 240hrs for Wise and 120 for Tarrant. And then I have two different... Read more »

Grant St Julian III
Grant St Julian III answered on Nov 27, 2019

You will be on probation for 2 years total, not four where you serve two years probation in one county then begin two years probation on the other. You must, however, make separate payments to each respective court. Talk with your lawyer.

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: How does a state crime become a federal crime.i was about to sign a ten year sentence when feds took it

I was jailed on a search warrent that turned up 2 ounces of meth.that is nowhere close to being a federal case.can someome tell me whats going on.pretty sure goverment has more important things going on

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 25, 2019

Some behaviors are a violation of both federal and state criminal laws. Talk to your criminal defense attorney.

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2 Answers | Asked in Criminal Law for Texas on
Q: Is a middle school allowed to keep students from having lunch as punishment?

Were told to eat lunch in a designated area outside and my daughter did not have a jacket and it was cold so she walked back in to eat in the commons area and got in trouble and was kept from eating lunch as punishment. Once she called me from her cell phone to let me know what was going on the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 25, 2019

Talk to the Assistant Principal. This is not a CRIMINAL LAW question.

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