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Texas Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Texas on
Q: Is there a way a lawyer can recall a warrant ? What would be the steps ... maybe fees even ? How much

I have a failure to appear and i wanted to reschedule court date so that in the mean while i won’t be arrested is that possible to do

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 23, 2020

You need to call the lawyer so the lawyer can look into this and give you specific advice tailored to your situation and the county with the warrant. Some warrants can be recalled and others can't. It depends on the judge and the specific situation. Good luck and schedule an appointment with an... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Juvenile Law for Texas on
Q: can this document be copied and edited to accuse someone of choice no defendant mentioned

I feel during this time here in San Antonio alot of he did it she did it Crazy what money does to a state written by Felica marie gallegos from fresno ca lives in san antonio texas

Grant St Julian III
Grant St Julian III answered on Jan 23, 2020

I am not sure of your exact question, or the situation you describe. Sit down with a local attorney. Good luck.

2 Answers | Asked in Criminal Law for Texas on
Q: My daughter went to court today at the justice of peace County Court and a prosecuting attorney didn't have no evidence

On a citation that she received and the prosecuting attorney for the county move the court date later so he could gather evidence but we went to court today to settle the citation

Grant St Julian III
Grant St Julian III answered on Jan 23, 2020

I am not sure of your question. Was the court setting a trial or pretrial? Calling an attorney might help. Good luck.

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1 Answer | Asked in Criminal Law for Texas on
Q: If I have a warrant in the next County where I live. For a failure to appear . My question is can i renew ID Card

Can I renew my ID without going to jail, I don’t have a driver’s license

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 22, 2020

If you have a warrant for your arrest you will be arrested the next time you come in contact with a police officer. Warrants, especially for misdemeanor cases, are extremely easy to resolve. Hire a lawyer and follow their advice. However, if you go renew your ID you will very likely be arrested by... Read more »

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for Texas on
Q: How does a non-profit change leadership and what happens to the EIN when a new owner comes and the old leaves?

I am the founder of a Texas non-profit corporation (Corporated in the State of Texas) and also Chairman/CEO. I applied for the EIN being used under my own info (Name, SSN) on the IRS site. I’m stepping down completely from operations due to conflict of interest with the board and need help in how... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Non-profits don't have owners. They a board of directors and officers. When you applied for the EIN you listed yourself as a responsible party that can be changed by filing a form 8822-B or by filing Form 990.

You can't establish a non-profit under your SSN so you may have an unqualified...
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3 Answers | Asked in Criminal Law and White Collar Crime for Texas on
Q: Could really use help please. My email is mayzesstephanie@yahoo.com just incase. THANK YOU!

If someone got arrested for theft under 500 (WALMART.).. But got released from custody (HIGH BP) To an ambulance driver?! who dropped them off at a hospital , they got treated and released

from hospital , never saw a judge or got read their rights, ...and they have no clue what to do now... Read more »

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 22, 2020

You should call a lawyer schedule an appointment and listen to what the lawyer tells you. Lawyers, at least the good ones, don't give off the record advice. Usually, such advice leads to more trouble. Lawyers work within the system to get their clients the best possible lawful result.

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1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: what does it mean to be a “suspect” in a family violence case?

My husband and I are going through a horrible time. He has been cheating and is violent to me. I have begged him to leave and he wouldn’t. The other day I told him I wanted a divorce and he grabbed my wrists so tight and wouldn’t let go. He was hurting me. I bit him to try to get away. He... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

The responding officer will write up his incident report and turn it over to a detective who will decide whether or not to pursue a criminal case.

Based on your description of the incident, your husband committed assault against you by grabbing your wrists and your biting was lawful to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: If a phone was found with 5 different sets of DNA could that evidence be used in court?

aggrivated offenders only having to serve a third of their time? Is that true ?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

Test results showing DNA from 5 people on a phone might be good evidence if your intention was to show that multiple people came into contact with that particular phone.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is there a statue of limitation on a first-degree manufacturing and delivery charge in Texas?

I received a manufacturing and delivery over 200 under 400 in Texas. I was currently on adjudicated felony probation and it served half of that sentence and was being let off early for good behavior from another county. The investigators talk to the judge and dropped my bond down so that I can get... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

Sorry, but the limitations clock stops ticking when the defendant is outside the state of Texas. It also stopped ticking upon the filing of a formal charging document. The controlling statutes are available here: https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.12.htm

1 Answer | Asked in Criminal Law for Texas on
Q: If the docket says motion to proceed with Adjudication but I'm on srait probation what can be done?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

Your attorney could read the document and determine if the state filed the incorrect motion of if the person who posted the docket simply miskeyed something. It is a public document so, if you were so inclined, you could go to the clerk's office and either read the copy in the court's file or buy... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Freedom of Information Act in state of Tx. Can an inmate or family of inmate request such info from county office?

Inmate or family of request the state information regarding his case. Would we go directly to the DA office or Bexar County Clerks office? We are mainly seeking the documented information of the plea deals that were offered during pretrial, during trial as well as deliberations.

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 21, 2020

Appeals have very specific time lines and requirements. You should consult with an attorney, (our first consultation is free) and we will let you know what your options. Some of the information that you are seeking cannot be found at the District Clerk's office and can only be discovered by an... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Can an attorney help clear a misdemeanor warrant from 1988?

Fraud-Theft by Check

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 21, 2020

Absolutely. There are two ways an attorney can help. First, the attorney can see if the State is willing to dismiss the case. Second, the attorney can work with the authorities to get you turned AND get you released. Many times prosecutors won't dismiss a case while a warrant is outstanding, but if... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Arson requires malicious intent, I was suicidal and tried to kill myself with fire. Do I have a good defense?

I have previous documented suicide attempts from hospitals. I was experiencing severe psychosis and depression upon auditory hallucinations. I want to plea not guilty by reason of insanity

Grant St Julian III
Grant St Julian III answered on Jan 21, 2020

Below is a copy of the arson statute; talk with your attorney about any defenses:

Sec. 28.02. ARSON. (a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

(1)...
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1 Answer | Asked in Criminal Law for Texas on
Q: I have been not scanning stuff at Home Depot. Should I call and tell them I looked at back on bank statement

And seen I didn’t get charged for items ? I just want to make it look like I’m doing the right thing

Grant St Julian III
Grant St Julian III answered on Jan 18, 2020

Was this an honest mistake or was this a theft you now have remorse for? If it was a mistake, go pay for the uncharged items. Understand, however, if return stolen property, criminal charges can still be filed.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Federal Crimes for Texas on
Q: Looking to get a public defender or lawyer not sure what to do next?

Possession of ampthetampine and a firearm . Pistol was legal and in my vehicle passenger was arrested with the drugs also never told them they could search to begin with . They ran my pistol an when it came back clean he said I’ll go put this back for you and proceeded to search car then persons.

Grant St Julian III
Grant St Julian III answered on Jan 18, 2020

If you cannot afford an attorney, you can request the Court appoint an attorney to represent you. If you believe you can retain a lawyer, start calling attorneys in your area. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: When does the "10 day hold" on a hold due to bond forfeiture in another county start in Texas?

If you're arrested in Smith county and you have a no hold bond on you for bond forfeiture in upshur county and you pay Smith county bail will you be released if it's been 10 days or does it mean 10 days after you've posted bail?

Grant St Julian III
Grant St Julian III answered on Jan 17, 2020

Generally, one county will hold a defendant for 10 days after the other county that issued the warrant has been notified to pick up the person. The defendant will be released if he isn't transferred by then (assuming there are no extenuating circumstances).

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Who was Mr Joseph Beans attorney in this case?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

1. Figure out which county the case was filed in.

2. Figure out which Clerk's office has the record.

3. Contact the Clerk's office and ask to examine the physical file.

4. Find a motion or other document filed by Mr. Joseph or his attorney.

5. Find the signature...
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2 Answers | Asked in Criminal Law for Texas on
Q: Can you file for a motion of dismissal in Texas after a criminal trial has happened?

The charge is sexual assault of a child

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

It is untimely so even if you FILE it in the sense that the clerk accepts it that doesn't mean it will actually be seen by the judge who can rule on it. The judge loses jurisdiction a few days after the case is resolved so if it has been more than a month you might already be out of luck.... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: What’s the age of consent in Texas an that being said if she’s 17 an I’m 20 what does that mean will I be in trouble?

I just wanna know like if I do anything which I haven’t that’s why I’m here will I be subject to like a case or anything like that I’m just worried an I would like some clear answers

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

Since you are already 20 that means you are more than 2 years to the day older than she is, therefore, you could be convicted of felony Child Sexual Performance until she is age 18.

Because she is 17 you can't be convicted of Indecency with a Child or Statutory Rape (ie Sexual Assault based...
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1 Answer | Asked in Criminal Law for Texas on
Q: what district in texas does the city of Bastrop (in Bastrop County) fall under?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Please clarify your question, i.e. are you asking what criminal appeals district? I'm not understanding which district you're looking for informaiton on.

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