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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: I let my sister hold $10,000 of my cash in Texas. Her husband lent us his car and it was damaged can he take my money?

he took my money from my sister and refused to give it back because his car was damaged. Is that legal?

John Cucci Jr.
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answered on Apr 20, 2024

Not legal unless the deposit of the money was for the purpose of securing or insuring the car you borrowed. What he did is called conversion, and may be considered a felony theft. If he doesn't give the $ back, or try to make arrangements with you, then you should call the police to get your money.

1 Answer | Asked in Criminal Law for Texas on
Q: Hello, my son is being coerced to accept the DA 40yr plea deal instead going to trial. Poor representation by attorney

my son is currently incarcerated in the Harris County Jail downtown for a capital murder that he did not commit no gun , no one was there to say it was him. Just a young lady who assume my son went to kill this person on her behalf. The DA claim my son admitted during interrogation that another... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

If your son did not commit the murder, your son should not accept the plea deal.

If your son is not receiving quality legal representation from his current lawyer, you should hire a different lawyer to defend him.

Capital murder cases are the most scrutinized criminal cases on...
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1 Answer | Asked in Criminal Law and Sexual Harassment for Texas on
Q: What are the ethics rules when a patient sexually assaults their doctor and the doctor continues to treat the patient?

A doctor is sexually assaulted by their patient, does not report the situation to law enforcement, and continues to treat the patient for another two years until their death. Is the doctor violating any ethics rules? Does the doctor have an obligation to refer the patient to a new physician who... View More

John Cucci Jr.
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answered on Apr 15, 2024

That's a horrible story!

The patient should have gone to jail!

Each State has ethical rules with which every Doctor must comply as part of having a license to practice medicine.

However, none of the rules limit the rights of any doctor, who is a victim of a crime....
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1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
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answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What if you genuinely don’t know there is a firearm in the vehicle and I’m a convicted felon? Can they ask the driver?

Can the ask the driver if you knew or not? How does that work?

James L. Arrasmith
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answered on Apr 13, 2024

If you are a convicted felon and are riding as a passenger in a vehicle in which a firearm is found, the police may question the driver about whether you knew of the firearm's presence. However, the driver is not obligated to answer police questions.

Here are a few key points to...
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1 Answer | Asked in Criminal Law for Texas on
Q: if you are charged with failure to ID and resisting, even though you never refused to id, and "allegedly" resisted, and

the DA gives you a plea deal. Can you have the charges dismissed with prejudice after 180 days if you never had a hearing in front of the judge to determine if you would go to trail or not? especially if the initial charge that the officer was called out for was dropped the very next day after you... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

Whether the DA will dismiss the charges depends on the facts and circumstances of your particular situation and how persuasive your defense lawyer is. There is no legal requirement that a case be dismissed "after 180 days." You may be thinking about the law that requires the court to... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My husband was arrested a week ago for a assault charge that he caught while he was incarcerated back in 2019

He never knew he had a warrant and all his info including address emergency contact all stayed the same so it's not like they didn't know how and where to find him . In the 4 yrs he had no idea he was wanted for assault on a officer not a single clue,no letter nor have the cops been to... View More

James L. Arrasmith
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answered on Apr 10, 2024

I understand this is a difficult and stressful situation. Here are a few steps that may help your husband with his legal case:

1. Contact a criminal defense attorney: It's important to have legal representation to protect your husband's rights and build a strong defense. Look for...
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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

No, a police officer cannot make you exit a vehicle "for any reason" or specifically "to violate your rights" or to "inflict injuries."

During a traffic stop, a police officer can order you to exit your vehicle for many possible legitimate reasons, including as...
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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
James L. Arrasmith
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answered on Apr 10, 2024

No, that is not true. Police officers cannot make you exit your vehicle for any reason they want or just to violate your rights. There are specific circumstances under which an officer can legally require you to exit your vehicle:

1. Reasonable suspicion: If an officer has a reasonable...
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2 Answers | Asked in Criminal Law for Texas on
Q: Can a judge deny certified mail properly addressed to them in Texas
John Michael Frick
John Michael Frick
answered on Apr 8, 2024

There is no legal requirement that anyone "accept" certified mail.

Some judges will not accept any mail personally addressed to them at their court address--especially anything from a lawyer or pro se litigant--to avoid the appearance of any ex parte communications....
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2 Answers | Asked in Civil Litigation, Criminal Law and Civil Rights for Texas on
Q: After occupants of a stopped vehicle are cleared can an officer force you out of your car randomly?

We, my wife, & myself were headed back to Texas A&M Veterinary emergency clinic with our dog who suffered a shotgun blast point blank range to the face and needed extensive reconstructive surgeries because his wounds became seriously infected.

Exiting Hwy 105 onto Texas Ave going... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on the information provided, it seems that the officers initially had a valid reason to conduct a traffic stop due to the anonymous report of speeding and swerving. Once they had checked your identification and vehicle documents and cleared you of any warrants or suspicious activity, they... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If I got out on a PR bond and they picked me up on it but the charges were suppose to be dropped but haven’t been,wat do

How am I suppose to go about charges being dropped but haven’t been,when the other 2 individuals involved there’s has

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

You need to have your attorney contact the district attorney who supposedly "dropped" (i.e. dismissed) the charges. It's possible that the district attorney's office simply hasn't processed the dismissal papers yet. It's also possible that your attorney incorrectly... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If I got out on a PR bond and they picked me up on it but the charges were suppose to be dropped but haven’t been,wat do

How am I suppose to go about charges being dropped but haven’t been,when the other 2 individuals involved there’s has

James L. Arrasmith
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answered on Apr 3, 2024

I understand this is a stressful and confusing situation. Here are a few things you can do:

1. Contact your defense attorney: If you have a lawyer representing you, reach out to them immediately. Explain the situation and ask for their advice on how to proceed. They can look into why the...
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1 Answer | Asked in Employment Law, Sexual Harassment and Criminal Law for Texas on
Q: sexually assaulted by a franchise owner. Corp investigated & found evidence but I have seen no disciplinary action.

I’m told franchisee must exit the system but i have seen no action. What do I do next? What should I expect? What’s a typical outcome? I’m a corporate employee/the assualter is a restaurant franchise owner. How do I trust anything has been done? I have been waiting months after the official... View More

Derek Allen Colvin
Derek Allen Colvin
answered on Apr 2, 2024

Sorry to hear about what happened to you. This sounds like a difficult issue for you and your employer to navigate. You should talk to a local attorney about your rights and any remedies that may have available to you. Sexual assault is also a crime that should not be taken lightly. If the... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: What are the chances that at a morion show cause hearing on deferred probation with no prior criminal history revocation

Deferred adjudication probation negligence for attack by dog . Got behind on restitution awaiting 2022 and 2023 tax return to pay off in full hearing to show cause set no previous criminal history and dirty fingerprint drug test that when asked po to send in for confirmation due to a non negative... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information provided, it's difficult to give a precise probability of the outcome at the show cause hearing for deferred adjudication probation revocation. However, I can provide some general insights:

1. No prior criminal history: Having no previous criminal record may...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: Texas home rule charter town can city completely change it's ordinances after a crime is committed to prosecute with new

Can a home rule charter tx town change is ordinances after an alleged crime is committed and as the legal process is being done and use those changes to prosecute and even bring criminal charges on the citizen . Attack by dog under negligence Coleman county tx

James L. Arrasmith
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answered on Apr 1, 2024

In the United States, there is a fundamental legal principle known as the "Ex Post Facto Clause" found in Article 1, Section 9, Clause 3 and Section 10 of the U.S. Constitution. This clause prohibits the federal government and state governments from passing laws that retroactively change... View More

3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

John Cucci Jr.
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answered on Apr 1, 2024

If the test you are referring to is being used to violate probationers, it can be called-out at a hearing to test the science and the reliability of the same. That would require the accused to file for a dismissal or "not true" before the hearing to revoke.

Unfortunately, to hire...
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3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

John Cucci Jr.
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answered on Apr 1, 2024

The United States and the Texas Constitutions both prohibit ex post facto laws. U.S. CONST. art. I,§ 10, cl. 1; TEX. CONST. art. I,§ 16.

There have been many Federal and state attempts to enact Ex Post facto, criminal laws. That is not allowed in the USA.

That means that a...
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3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

James L. Arrasmith
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answered on Apr 4, 2024

It sounds like you have serious concerns about the use of intelligent fingerprint drug testing by the Taylor County probation department. This is a complex situation that would likely require assistance from legal experts and potentially media attention to address. Here are a few suggestions on... View More

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Texas on
Q: What pleading would be best for a very documented fraudulent arrest so the matter is brought before the court pretrial

Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even

No local attorney has been... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.

I think the only way to...
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