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Texas Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, White Collar Crime, Internet Law and Juvenile Law for Texas on
Q: Legal consequences for a minor admin involved in cybercrime activities.

I am a minor working as an admin at BreachForums, primarily involved in cybercrime, money laundering, and managing stolen data/accounts, though I don't personally obtain the data. I help middleman for the forum, and also manage their social media accounts and announcements. I haven't had... View More

Jeremy Malcolm
Jeremy Malcolm
answered on May 13, 2025

You could be implicated in conspiracy to commit a crime or aiding and abetting cybercrime, even if you didn't commit any hacks yourself. This could include wire fraud and money laundering crimes, or crimes under the Computer Fraud and Abuse Act (CFAA) for trafficking in stolen credentials.... View More

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2 Answers | Asked in Civil Rights and Criminal Law for Texas on
Q: Falsely arrested and charged; want to file a lawsuit after charges dismissed.

I was unlawfully stopped for speeding, and while reaching for my license and registration as ordered by the officer, he grabbed my arm and opened my car door. When I resisted, he pulled out his Taser and ordered me out of the car, falsely arresting me for fleeing an officer. An hour later, they... View More

John Michael Frick
John Michael Frick
answered on May 9, 2025

Your fact pattern implicates a legal doctrine called "qualified immunity." In most cases, police officers are protected from lawsuits for wrongful arrest under this doctrine. They cannot be successfully sued for wrongful arrest unless they violate a "clearly established... View More

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2 Answers | Asked in Criminal Law, Foreclosure, Contracts, White Collar Crime and Real Estate Law for Texas on
Q: Ex-wife forged HUD loan signature, causing foreclosure risk post-divorce. What are my legal options?

I discovered on May 2, 2025, that my ex-wife forged my signature on a HUD loan after our separation. As a result, I can't sell the home unless I come up with $26,000, and it's now going into foreclosure. I took the home in our recent divorce, unaware of the loan. I haven't reported... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

You can file a declaratory judgment suit seeking a declaration that you are not legally obligated to repay the HUD loan because your signature on the loan documents are a forgery and you did not know about or participate in the loan, having discovered the loan only after your recent divorce, and... View More

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3 Answers | Asked in Criminal Law, Constitutional Law and Traffic Tickets for Texas on
Q: Was it a legal traffic stop when I was contacted after leaving my vehicle due to expired registration and subsequently arrested for a traffic warrant without being read my rights in Texas?

A month ago, I was contacted by law enforcement on private property after I had shut off my vehicle and exited it. The officer did not attempt to conduct a traffic stop while my vehicle was running and only turned on his lights after I was already walking up my friend's driveway. The reason... View More

John Michael Frick
John Michael Frick
answered on May 1, 2025

First, whether you were "read your rights" is irrelevant to the legality or validity of a traffic stop. It is only significant when the State is attempting to offer into evidence something you said during a custodial interrogation.

Second, shutting off and exiting your vehicle...
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2 Answers | Asked in Civil Rights, Criminal Law and Traffic Tickets for Texas on
Q: Was it legal for a Texas officer to pull me over and search my car without consent after speeding to pass a semi, resulting in my arrest?

While traveling through Texas on my way back to Florida, I was using cruise control at 76 mph. I sped up to 81 mph to pass a semi-truck that accelerated when I attempted to pass it. After passing, I slowed down and returned to the speed limit. Shortly afterward, a police officer who had observed... View More

Doug  O'Connell
Doug O'Connell
answered on Apr 30, 2025

Unfortunately, it sounds like the law enforcement officer acted within the law. You were legally pulled over for speeding. The officer has the authority in Texas to ask you to step out of the car while they conduct an investigation. The search by the drug sniffing dog is also legal since we have... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I face legal trouble if a friend threatens a harassment report after texting to defend my character?

I have a situation where a friend, after not speaking to me for several days, threatened to file a harassment report against me. This threat came after I sent multiple texts defending my character. We have had no prior legal issues. Could I potentially face legal trouble for these actions?

Doug  O'Connell
Doug O'Connell
answered on Apr 30, 2025

The answer to your question will depend on the content of your text messages, and possibly the amount of text messages sent to your friend. If the messages were threatening you could face legal challenges. Likewise, if the tone, language used and number of messages rise to the level of... View More

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2 Answers | Asked in Criminal Law and Employment Law for Texas on
Q: Can Uber deny my application due to past theft convictions in Texas?

I applied to become an Uber driver but was not hired due to my criminal record related to theft charges. I had theft incidents in Amarillo in 2019 and 2022, as well as others in 1994, 2005, and 2015 from my hometown, where I was arrested along with others. I've completed my probation, and... View More

John Michael Frick
John Michael Frick
answered on Apr 29, 2025

Denying a job applicant due to prior criminal history is legally permissible unless criminal history is being used by Uber as a proxy for denying jobs based upon race or ethnicity. Particularly when a job requires face to face contact with the public and their possessions, crimes of moral... View More

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Texas on
Q: Seeking appeal resources for son's TX assault case claiming self-defense.

My son was arrested in Texas for assault with a deadly weapon, although he claims it was in self-defense. One of the men involved intimidated and injured him. The lawyer didn't pursue this defense, and he felt pressured into accepting a plea deal due to the threat of a longer sentence. The... View More

John Michael Frick
John Michael Frick
answered on Apr 29, 2025

If your son plead guilty, he cannot appeal his conviction based upon the claim of self-defense. None of the evidence supporting such a claim will even be relevant. He would need to appeal on the ground that his plea of guilty was not voluntary. For example, he theoretically could show that, at... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I be arrested for not providing a bounty hunter with my boyfriend's location if I don't know it?

I'm concerned about dealing with a bounty hunter who is looking for my boyfriend, who has a warrant. I've spoken to the bounty hunter, and they tried to persuade me to disclose his location, but I honestly don't know where he is. They mentioned that I could be arrested if I... View More

John Michael Frick
John Michael Frick
answered on Apr 28, 2025

You have no legal obligation to assist a bounty hunter in locating your boyfriend.

Hindering apprehension is a crime but is defined as harboring or concealing a person or assisting in their escape with the intent to interfere with apprehension, arrest, or conviction of the person....
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2 Answers | Asked in Criminal Law for Texas on
Q: Need help with plea decision for vape pen possession arraignment in Texas.

I'm facing an arraignment on 4/25 in Wise County, TX, for possession of a controlled substance involving a vape pen. I haven't contacted a lawyer yet, and I'm concerned about what plea to enter since I'm without legal representation. I have no previous legal issues.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Apr 24, 2025

You should be trying to speak to a lawyer so you can show up with him or her at your arraignment. This way you will be able to have a professional who is familiar with the law as well as the facts of your particular case. A good lawyer can explain what's going on and what and when your next... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Legal Malpractice for Texas on
Q: Can I file a wrongful arrest suit against a Texas sheriff's office for denied due process during a 2.5-year incarceration?

I was arrested by Texas DPS on July 5, 2021, for failure to register annually, though I had registered over the phone with the Willacy County Sheriff's Office. Despite this, they claimed no record of my registration. During my two and a half years of incarceration, without due process or bond... View More

John Michael Frick
John Michael Frick
answered on Apr 21, 2025

You need to hire an attorney like F. Lee Merritt who has a lot of experience in civil rights cases against law enforcement. Most attorneys do not handle this type of case due to the very low probability of success and the limited damages available.

You may have a claim for compensation...
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3 Answers | Asked in Contracts, Civil Litigation, Personal Injury and Criminal Law for Texas on
Q: Legal actions for premature car repossession due to verbal agreement breach.

I borrowed $1100 in December 2024 under a verbal agreement that I had 6 months to repay the money, during which my car couldn't be taken. Despite this, the lender impersonated a hotel manager to have my car towed away prematurely on April 12, 2025, only 4 months into the agreement. I called... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2025

In the absence of a recorded lien against the motor vehicle as collateral securing repayment of the loan, the lender violated Texas law by taking possession of your motor vehicle. You should report the taking of your car to local police.

You also can file a lawsuit under the Texas Theft...
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2 Answers | Asked in Criminal Law, Gov & Administrative Law, Civil Litigation and Real Estate Law for Texas on
Q: House raided after wife's seizure; charged with possession. Was the warrant legal? Handling confiscated property?

I am seeking legal advice after my house was raided by police who had a warrant. The incident began when my wife had a seizure at a store, and police were called. I was not present during this medical emergency. They found paraphernalia in our car, but neither my wife nor I were charged at that... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2025

I would challenge that warrant. I believe that the paraphernalia in your car is way too tenuous, to get a good warrant. If you were charged, you have the right to get a copy of the affidavit that was the basis for the warrant.

I can not believe you can't find a lawyer to go after that...
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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: What should I do if I haven't been indicted for a DWI arrest over a year ago in Texas?

I was arrested in Texas on April 25, 2024, for my third DWI. It has been over a year, but I have not been indicted yet. I haven't had any court hearings or communication regarding this matter, and I haven't contacted my lawyer about the delay in the indictment. What should I do about this situation?

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2025

If you have a lawyer who was hired on this new DWI, you should definitely contact that person.

For the most part, the State has 180 days to indict you, after they arrest you on a felony. There are many ways that can be extended by the state. Thus, it is not over yet.

The best...
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2 Answers | Asked in Criminal Law for Texas on
Q: Can I purchase a firearm in Texas after deferred adjudication for aggravated assault?

I completed deferred adjudication for aggravated assault on March 7, 2025, in Texas. There were no conditions attached, and I have not had any other legal issues or charges since then. Can I purchase a firearm in Texas now?

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2025

The short answer is yes. But, You will have to get your original case and arrest expunged from the court records. When your deferred adjudication was successfully completed, the judge dismissed the felony charges against you. If so, then you can have that case and the underlying arrest taken off... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Arrest for possession of fentanyl after helping overdose victim

While at a motel where someone overdosed, I performed CPR until the police arrived. I picked up a small baggie with white powder out of fear of being charged, but stayed to help. Police arrested me for class C warrants, leaving me in the rain. Later, at the station, they found the baggie, now wet,... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 10, 2025

You are in a tight spot!

If you have no criminal record, and you can prove that you did attempt to save the other person's life, you may have a good chance at winning a jury trial.

If you have drug convictions on your record, you are going to be fighting uphill.

Ask if...
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2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: Seeking to vacate conviction due to dash cam evidence of fabricated traffic stop and ineffective counsel.

I am seeking to vacate my conviction and withdraw my guilty plea entered on June 14, 2024, due to newly discovered evidence. A dash cam video proves that the officer fabricated the traffic violation for which I was pulled over, and no laws were broken. Additionally, a warning citation issued at... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 8, 2025

You have a lot going on here. There are two different avenues for you to overturn your conviction. You didn't say what your exact conviction was, but I will assume it was for a Felony in Texas.

Avenue 1: Dash Cam: New Evidence can be used after the Statute of Limitations, if it...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: How to find out who my girlfriend's friend's lawyer is in a criminal case?

I'm trying to find out who my girlfriend's friend's lawyer is, as he has been incarcerated for over 30 days without being informed. He is involved in a criminal case. Despite several attempts by different people, including calls to the jail, no one has been able to get this... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

The jail staff probably does not know who the friend's lawyer is. In most cases, only the friend would know because the friend is the person who hired the lawyer.

If the friend has not hired a lawyer, you need to ask the friend whether he completed a form proving that he is indigent...
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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Texas on
Q: Is it legal for police to T-bone my car and eject me during a chase, causing lasting injuries?

I was involved in a high-speed police chase in September 2023 that started in Trinity County, Texas. During the chase, my vehicle was T-boned by a police officer's vehicle at an intersection, causing my car to crash into oncoming traffic. I managed to maneuver back into the correct lane, but... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2025

There is an entire body of case law concerning civil liability for motor vehicle collisions occurring during a police chase. There is no question that you will be legally responsible in full or in part for your own injuries and damages. It is, however, possible that police could also be legally... View More

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2 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for Texas on
Q: What happens if I report my son driving my car without consent as stolen?

I have two cars in my name, and I regularly allow my adult son to drive one of them. We live together, and there is documentation regarding his use of the car. Today, we had a disagreement, and I told him not to leave in the car, but he did anyway. Given the circumstances, if I report the car... View More

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2025

A Texas attorney could advise best, but your question remains open for two weeks. I could only speak for the aspects of the question under your "Personal Injury/Car Accidents" headings. It doesn't sound like a matter that an insurance company would take seriously in terms of a... View More

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