Texas Criminal Law Questions & Answers
Q: I told my attorney that I wanted to file forgery charges on my step brother he replied its a manifactured wil
Grant St Julian III's answer
You need to talk with a probate attorney in your area and contest the will. Good luck.
You need to talk with a probate attorney in your area and contest the will. Good luck.
Q: My boyfriend is 21 and I’m 16 (I’ll be 17 in less than a month). Could he get in trouble for being with me?
Grant St Julian III's answer
Any sexual contact between you two is illegal. See Texas Penal Code Section 43.25 - Sexual Performance by a Child, Section 22.011 - Sexual Assault, and Section 21.11 Indecency with a Child
Any sexual contact between you two is illegal. See Texas Penal Code Section 43.25 - Sexual Performance by a Child, Section 22.011 - Sexual Assault, and Section 21.11 Indecency with a Child
Q: In 1995 I plead guilty to theft of property can I get this non disclosed?
Grant St Julian III's answer
It is the type of judgment entered on a case, not the plea, that determines eligibility for Expunction or Non-Disclosure. If a judgment of guilty was entered, you aren't eligible for either.
It is the type of judgment entered on a case, not the plea, that determines eligibility for Expunction or Non-Disclosure. If a judgment of guilty was entered, you aren't eligible for either.
Q: in 2016 what was the statue of limitation on theft?
Kiele Linroth Pace's answer
Five years from the date of the alleged theft, except theft by public servant is ten years and also theft of an estate by the executor of the will. The specific details are in Chapter 12 of the Texas Code of Criminal Procedure, which is posted here:
https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.12.htm
However, as a practical matter, it doesn't usually taken anywhere near that amount of time. If you were arrested, released on bond, but not yet formally charged, then US...
Five years from the date of the alleged theft, except theft by public servant is ten years and also theft of an estate by the executor of the will. The specific details are in Chapter 12 of the Texas Code of Criminal Procedure, which is posted here:
https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.12.htm
However, as a practical matter, it doesn't usually taken anywhere near that amount of time. If you were arrested, released on bond, but not yet formally charged, then US...
Q: is it illegal to not report crimes?
Roy Lee Warren's answer
It depends on the situation; for instance if it is sexual assault of a child there is a duty to report it. The variables are too numerous to answer all but a good rule of thumb is to report instances when someone is in danger from future acts.
It depends on the situation; for instance if it is sexual assault of a child there is a duty to report it. The variables are too numerous to answer all but a good rule of thumb is to report instances when someone is in danger from future acts.
Q: Can i expunged my other cases, then get a pardoned with the governor of texas
Roy Lee Warren's answer
I am sorry to say but you cannot have a conviction expunged, however you may be able to have your record sealed.
I am sorry to say but you cannot have a conviction expunged, however you may be able to have your record sealed.
Q: If my indictment says 124th district court.... Why am I going to court in the 188th district? Dismissable?
Roy Lee Warren's answer
The state must only have you in the correct county, the particular court is not fatal to the state's indictment if it has you in district court for a felony or county court for a misdemeanor (filed by information, not indictment). Also the statute of limitations for many felonies is 3 years so your within that time as well. Sorry.
The state must only have you in the correct county, the particular court is not fatal to the state's indictment if it has you in district court for a felony or county court for a misdemeanor (filed by information, not indictment). Also the statute of limitations for many felonies is 3 years so your within that time as well. Sorry.
Q: In texas the age of consent is 17, so is it LEGAL for a 17 y/o to date and have sexual intercourse with someone who’s 24
1 Answer
| Asked
in
Criminal Law, Federal Crimes, Sexual Harassment and Juvenile Law
for
Texas
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
Kiele Linroth Pace's answer
The felony crime of Sexual Performance By A Child applies anyone under 18 years old engaged in sexual conduct. The plain language of the law criminalizes the conduct itself, even if it does not occur as a performance. If there actually is a performance (or recording) then the parents themselves would also commit a felony by giving their consent.
If the 17 years old is a student and the 24 year-old is an employee of a primary or secondary school then it is a different felony offense.
The felony crime of Sexual Performance By A Child applies anyone under 18 years old engaged in sexual conduct. The plain language of the law criminalizes the conduct itself, even if it does not occur as a performance. If there actually is a performance (or recording) then the parents themselves would also commit a felony by giving their consent.
If the 17 years old is a student and the 24 year-old is an employee of a primary or secondary school then it is a different felony offense.
Q: I was physically assaulted. Made report my assailant shows up and claim she was victim.both of us got tickets.why
Grant St Julian III's answer
The police officer has no idea who is telling the truth; he/she did not witness the events. That is what Judges and Juries are for. Both parties can appear in court, tell their side of the story, and have a jury make a decision.
The police officer has no idea who is telling the truth; he/she did not witness the events. That is what Judges and Juries are for. Both parties can appear in court, tell their side of the story, and have a jury make a decision.
Q: Can you file with local PD for false accusations?
Kiele Linroth Pace's answer
Swearing out a affidavit in support of a Family Violence protective order is the offense of Perjury. Calling the police to report a crime that did not happen is the offense of False Report to a Peace Officer. It is unlikely, however, that the police would be interested in pursing such charges... especially with anything other than indisputable objective evidence.
Swearing out a affidavit in support of a Family Violence protective order is the offense of Perjury. Calling the police to report a crime that did not happen is the offense of False Report to a Peace Officer. It is unlikely, however, that the police would be interested in pursing such charges... especially with anything other than indisputable objective evidence.
Q: Do they have to let us see a copy of the search warrant and when
Kiele Linroth Pace's answer
There should be a copy of it on file as a public record in the clerk's office at the courthouse.
There should be a copy of it on file as a public record in the clerk's office at the courthouse.
Q: Husband charged with 1st assault charge and an epo put in place for 61days.
Kiele Linroth Pace's answer
The most important thing to remember about a protective order is that its not YOUR order so you can't give him permission to violate the order. A protective order is a JUDGE'S order. Judge's don't tolerate their orders being violated, and they don't care about the excuse.
The second most important thing to remember is that is almost always easier for the prosecutors to prove a criminal Violation of Protective Order case than it is to prove the original Assault charge. They don't...
The most important thing to remember about a protective order is that its not YOUR order so you can't give him permission to violate the order. A protective order is a JUDGE'S order. Judge's don't tolerate their orders being violated, and they don't care about the excuse.
The second most important thing to remember is that is almost always easier for the prosecutors to prove a criminal Violation of Protective Order case than it is to prove the original Assault charge. They don't...
Q: This man is innoecent and he needs a retrail
1 Answer
| Asked
in
Bankruptcy, Contracts, Criminal Law and Family Law
for
Texas
on
Answered on Sep 16, 2018
Answered on Sep 16, 2018
Timothy Denison's answer
Contact your local Department of Public Advocacy and the Innocence Project for help.
Contact your local Department of Public Advocacy and the Innocence Project for help.
Q: Can they indict you on a murder case for the person you went to prison for? If you served 6 years for aggravated assault
Kiele Linroth Pace's answer
If you were indicted for murder then you need to hire a local criminal defense attorney now!
This is not a D-I-Y project with instructions on the internet, even if if there is a valid Double Jeopardy issue.
If you were indicted for murder then you need to hire a local criminal defense attorney now!
This is not a D-I-Y project with instructions on the internet, even if if there is a valid Double Jeopardy issue.
Q: Just asking how long a criminal background check goes for childcare
Kiele Linroth Pace's answer
Records of an arrest and prosecutor are public, and remain public forever until they are expunged.
There is a false urban legend about arrests falling off a person's record after seven years. That is a misconception relating to credit reports, not criminal history reports.
Whether any particular PRIVATE background check company reports any particular court records is another question altogether... some private background checks are more thorough than others.
Finally,...
Records of an arrest and prosecutor are public, and remain public forever until they are expunged.
There is a false urban legend about arrests falling off a person's record after seven years. That is a misconception relating to credit reports, not criminal history reports.
Whether any particular PRIVATE background check company reports any particular court records is another question altogether... some private background checks are more thorough than others.
Finally,...
Q: But what do you mean deferred?
Kiele Linroth Pace's answer
If a Family Violence case was resolved by Deferred Adjudication then no, you can't get it sealed, even if there was no affirmative finding of Family Violence. If you reported to a probation officer, it was almost certainly Deferred Adjudication. Cases resolved by successful completion of Deferred Adjudication are not not really "dismissed" in the usual sense of the word... more like the community supervision is terminated and the case is closed. In Family Violence cases, a Deferred...
If a Family Violence case was resolved by Deferred Adjudication then no, you can't get it sealed, even if there was no affirmative finding of Family Violence. If you reported to a probation officer, it was almost certainly Deferred Adjudication. Cases resolved by successful completion of Deferred Adjudication are not not really "dismissed" in the usual sense of the word... more like the community supervision is terminated and the case is closed. In Family Violence cases, a Deferred...
Q: My boyfriend grabbed my throat twice and slammed me against the wall. He says I pulled a knife but I didn’t! What do I
1 Answer
| Asked
in
Criminal Law, Family Law and Domestic Violence
for
Texas
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Kiele Linroth Pace's answer
It sounds like you were both claiming the Self Defense justification so the question now, distilled to its core, is whether there is reasonable doubt about how the fight started.
Documents related to an arrest are public records so, if you were arrested, consult your criminal defense attorney about how best to respond when asked for a comment. A good starting point might be something like "I am fighting these charges and will tell you my side of the story after the case is dismissed....
It sounds like you were both claiming the Self Defense justification so the question now, distilled to its core, is whether there is reasonable doubt about how the fight started.
Documents related to an arrest are public records so, if you were arrested, consult your criminal defense attorney about how best to respond when asked for a comment. A good starting point might be something like "I am fighting these charges and will tell you my side of the story after the case is dismissed....
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