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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Charged with 2 felonies were dropped now going to court on misdemeanor wasnt charged with can they do that

Grand jury decided not to proceed because the evidence showed I did not commit the accused crimes. Why now am I going to court for a misdemeanor charge of the we crime.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 14, 2021

Did the grand jury return with a misdemeanor charge or no bill? Either way, the prosecution does have the right to charge you via bill----this is only an accusation and the prosecution still have to prove each and every element beyond a reasonable doubt. Without knowing more, you may have caught... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How many points is a 21 o.s. 852.1
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 13, 2021

Your question will be seen by the right type of attorney if you change the location from Dallas to somewhere in Oklahoma.

1 Answer | Asked in Criminal Law for Texas on
Q: How can I fight a false positive drug test for probation?
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 13, 2021

Talk to the attorney who helped you get probation.

1 Answer | Asked in Criminal Law for Texas on
Q: I have an order for felony nondisclosure in TX. The charge is showing up on driving record. How can I get this removed?
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 13, 2021

Did you try obtaining a certified copy of the order from the clerk's office and then contacting the Criminal History Error Resolution Unit at Texas DPS? If not, check out this page: https://www.dps.texas.gov/section/crime-records-service/criminal-history-error-resolution

1 Answer | Asked in Criminal Law for Texas on
Q: i need a lawyer that is good in criminal law and works out of hopkins county and hunt countythat will do pro bono work

it is for my boyfriend 's arraignment hearing on the 14th of april we don't have ant money and we need help the arraingment hearing is in sulphur springs, hopkins county texas

i am not an attorney i need one

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 12, 2021

Your boyfriend should contact the court and request an application for a court-appointed attorney.

1 Answer | Asked in Criminal Law for Texas on
Q: I have to go to Livingston Texas and turn myself in for a warrant. I have no money for a lawyer.. what do I do
Rick  Davis
Rick Davis answered on Apr 12, 2021

I suggest that you turn yourself in on a weekday afternoon on Monday through Wednesday. That way, you will likely be booked into jail, have to spend the night there and then be brought before a Magistrate the next morning. At that time, you can tell the Magistrate (usually a Justice of the Peace)... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: What is the uniform extradition act?
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

The uniform extradition act is a law defining a procedure for extraditing suspects with felony warrants across state lines. Many states, including Texas, have adopted it into their state laws. It is a little bit easier for Texas to fetch a suspect from another state when the other state follows... Read more »

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2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Sharita Blacknall
Sharita Blacknall answered on Apr 13, 2021

Here are some of the requirements for name change in Texas:

-You are at least 18 years old.

-You file a petition asking for a name change in the Texas county where you live.

-You provide the court with complete information about all felonies and Class A or B misdemeanors...
Read more »

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2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Yes, there are more conditions and the judge has more latitude to decide not to grant the petition. If a person files the proper documents, and the change benefits the person and the public, then the court "shall" grant a name change. However, if the person is a convicted felon, the... Read more »

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Can you get a felony case dropped if they haven’t indicted you after 180 days of getting out of jail?

I got arrested in Waller Texas in October of 2020 and it’s almost been 180 days since I’ve been out. I had an arraignment but i read online that if I don’t have an indictment that I can fight to get my case dropped and was wondering if this was true.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

If the case is dismissed now then you will be released from the bond. However, if you are later indicted an arrest warrant will be issued because you are no longer on bond. The state has up to 3 years to indict you for most felonies so should be sure that the prosecutors don't want the case... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Antitrust and Cannabis & Marijuana Law for Texas on
Q: How do I go about getting someone involuntarily committed in Montgomery County tx. He does not even acknowledge he has a

Drug problem but says that he is a drunk. If he loses to much more weight he might die. He is killing himself with the keystone beer and from my understanding he uses a needle for meth and I have pictures of him smoking it. He was drunk one night and wouldn't let me drive and almost killed... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Ask a Family Law attorney about how to pursue the involuntary commitment of an adult who is a danger to himself and others.

2 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Identity Theft for Texas on
Q: A friend who's in real estate said he can get us a $2million loan to get me started. What legal actions should I take?

After knowing how good my credit scores are. He then sent me an email to sign.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Why is this posted under the Criminal Law topic? Taking out a loan is not a crime. Do you suspect fraud?

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2 Answers | Asked in Criminal Law for Texas on
Q: Can i be extradited back to texas from kentucky for a felony warrant?

I was charged with felony drug possession right at a gram and the drug was not found on or near me at the time.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Probably. It will probably depend on whether the Texas county that issued the warrant is willing to send an officer to come to fetch you and if, like Texas, the state of Kentucky is also a party to the Uniform Criminal Extradition Act.

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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Need guidance on criminal and civil charges for an adult providing alcohol to my 15 year old.
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 8, 2021

You can report a suspected crime to law enforcement. That usually means the police department if the incident occurred inside the incorporated city limits or the sheriff's department if it happened out in the county.

1 Answer | Asked in Criminal Law, Education Law and Uncategorized for Texas on
Q: I’ve been trying to research. I can’t find a definitive answer. I am looking at studying law.

Is it still possible for me to become a attorney with a family violence misdemeanor in TX?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 7, 2021

I do not know the answer but the first thing I would research is the investigation relating to the "Declaration of Intent" that all law school students must pass to become an attorney in Texas. The investigation decides whether or not you are mentally and morally fit to become an... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My car was “towed” from my apartment complex without being tagged and no notice need help
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 6, 2021

This sounds like a civil issue rather than a question of criminal law. Actually, it isn't really even a question. If you just need to figure out where your car is located now then the apartment management should be able to point you in the right direction. However, if you need to ask a... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Criminal trespassing in Texas can I keep someone off my property indefinitely by telling them they are not allowed?

If I tell Bob he is NEVER allowed on my property or I will call police and press charges on him for criminal trespassing, but he comes on my property a year later anyway, will the police actually come get him fine and/or jail him? How can I prove i notified Bob in advance? What if he leaves before... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 6, 2021

Yes, at least in theory. However, whether the person would be arrested or prosecuted for the offense probably varies by jurisdiction. Taking a look at the plain text of the statute, it appears that you could increase the odds of arrest by installing fences and signs.

Texas Penal Code Sec....
Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: My husband is in jail and I can't afford both car payments. Can I take our car to the dealer without his approval?

Both of our names are on the loans/cars. My husband is in jail for sexual abuse of my son and we are not allowed to speak, but I can't afford to pay all bills on my own and need some answers.

If I'm not able to do that until a divorce is finalized (because I will be filing for... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

No bank will refinance without his signature, and no dealer or private seller will buy the casr from you without his signature. Because he is listed on both the car and note.

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a case that was dismissed be expunged if you have prior, separate convictions?

Can a case that was dismissed be expunged if you have prior convictions? For instance, if you have a case dismissed in 2019 but you have a conviction for a separate case in 2015, can the dismissal be expunged or sealed?

Rick  Davis
Rick Davis answered on Apr 5, 2021

It depends on when the statute of limitations will run on the case that was dismissed on in 2019. There is a good possibility that you can get the dismissed case expunged.

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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I take this case back to trial?

There was no sirens, no lights, and no camera, how could I be charged with evading arrest. The officer was a hundred yards away. He couldn't hear us, how could we hear him?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 5, 2021

What do you mean "back" to trial? If you already had a trial then the only way you'll have another if you first do an appeal... and only then if the court of appeals reads what happened in the case and decides it was so messed up that the errors can't be fixed and the only... Read more »

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