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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: I'm being charged with willing n knowing having stolen property and the person that gave them to me saying I didn't

An my bondsmen went off my bond cause I didn't have the money n court is coming up

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2025

I didn't see a question in your posting.

The basics in a criminal matter are as follows:

1. Do NOT talk to police or the DA's office about anything. You are only required to give your name and address.

2. Remember that Bondsmen/Bondswomen, are usually NOT on your...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Why is it on this case Derek Paredes v the state of texas, the evidence isn't 100% proof, but he still got convicted?

I'm curious on why they relied on prior cases instead of technology.?

I'm interested to know more.

John Michael Frick
John Michael Frick
answered on Jan 16, 2025

From the appellate opinion, it does not appear that any type of "technology" is involved. The victims of the sexual assaults testified what happened. The defendant's attorney attempted to raise questions as to the consistency and reliability of the victims' testimony. A jury,... View More

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: My son is borderline retarded I have medical papers from doctors that say he is yet here in my town the cops are all way

Locking him up. What can I do

John Michael Frick
John Michael Frick
answered on Jan 16, 2025

Law enforcement officers cannot arrest and jail an individual without probable cause that individual has committed a crime. An individual is not excused of criminal responsibility for his actions because of borderline mental retardation. He would only be excused if he met the legal definition for... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My son was searched my a manager at an olive garden apon entering for some dinner is that legal
John Michael Frick
John Michael Frick
answered on Jan 14, 2025

There are really two possibilities:

1. Your son did not consent and the manager assaulted your son.

2. Your son consented and allowed the manager to search him.

A restaurant manager has no effective way of searching a guest without the guest's consent other than by...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: will a possession of marijuanna arrest without a conviction keep me from obtaining a massage therapy instructor license?

i was arrested in 2018 i completed pre-trial diversion and am eligible for expungement but it has not happened yet because of financial barriers. i have had no subsequent legal troubles or arrests. i have been a licenced massage therapist for over 10 years with no issues in retaining my license... View More

John Cucci Jr.
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answered on Jan 10, 2025

If you completed your DIVERSION program "satisfactory" and the judge told you in court, that your weed case was dismissed, then your application for a massage Instructor, will not be stopped or hurt, due to your past criminal charges. You should get the expungement as soon as you can.... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I’m appealing the district court denying my in forma pauperis request saying it’s taking in bad faith

I’m appealing the district court denying my in forma pauperis request saying it’s taking in bad faith..it say to prove it’s not taking in bad faith This court must determine whether Anderson has raised any “legal points arguable on their merits (and therefore not frivolous)

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

Yes, a district court may dismiss an action when an inmate requests to proceed in forma pauperis if the Court finds that the claim is frivolous or malicious.

Section 14.003(b) provides:

In determining whether a claim is frivolous or malicious, the court may consider whether:...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can you report an attempted assault with a deadly weapon after the offense has occurred? 7-8 months ago
John Michael Frick
John Michael Frick
answered on Jan 8, 2025

Yes. The statute of limitations has not yet expired.

But the length of time between the assault and report may very well cause law enforcement not to forward your case to the district attorney and may very well cause the district attorney not to file the case unless there is a very good...
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1 Answer | Asked in Criminal Law for Texas on
Q: Is there anything that can be done for an attempted assault with a knife that happened in the past?

Happened between a father and son, son is an adult. Father got upset at son and told him to get out of his house as he approached son with a knife. This occured after Son tried to explain what he was doing to clean house before guests arrived. Son had to physically attempt to remove weapon for fear... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2025

I assume the son was charged with a crime.

The best way to handle things is to get a witness or the victim to HAND-WRITE their statement stating exactly what you have told us at Justia. That should help. But do not do anything without the approval of your attorney. There are always things...
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2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Texas on
Q: charged with a felony after 180 days does the 6th amendment apply?
John Michael Frick
John Michael Frick
answered on Dec 30, 2024

The Sixth Amended applies both before and after 180 days. There is nothing magical about 180 days.

If you have been arrested and jailed for a felony, you must be indicted within 180 days or the State must release you on a personal recognizance bond.

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1 Answer | Asked in Criminal Law for Texas on
Q: Is lack of outside witness an example of lack of probable cause
John Michael Frick
John Michael Frick
answered on Dec 26, 2024

Probable cause is determined by all of the facts and circumstances known to the police officer at the time of the arrest or search. The absence of a material witness can play a role in that determination if the circumstances known to the police officer indicate that another person witnessed the... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Texas on
Q: I'm 17 going 91 in a 65 I only had a permit the officer gave me a ticket with a court date and let me drive off

Will I get a felony

John Michael Frick
John Michael Frick
answered on Dec 25, 2024

No. It’s a traffic fine. Your insurance premiums will be incredibly high for the next several years.

1 Answer | Asked in Criminal Law for Texas on
Q: If I’m on felony deferred probation, and I successfully get complete it, am I immediately allowed to carry a firearm? TX

After I complete it, it goes as a dismissal, which means no final conviction. Which should mean I am clear to own and carry a firearm in Texas?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2024

Once the judge says in open court, that you have completed your probation, and says your felony is dismissed, you can then have all of your civil disabilities returned.

I would get a certified copy of the dismissal, before I would get a gun.

I would also get my criminal charge...
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1 Answer | Asked in Criminal Law for Texas on
Q: How long does the d.a.office have to indict a person arrested for fraud in Texas before they have to dismiss ?
John Cucci Jr.
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answered on Dec 18, 2024

There are two (2) rules for the timing of an indictment in TX.

Once you are arrested for a FELONY, the DA has 90 days to Indict you. If they don't Indict you within 90 days, you can get the court to release you on an ROR bond. That means $0 bond. Released on your own Reconnaissance....
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1 Answer | Asked in Criminal Law for Texas on
Q: Two years ago, I got a letter in the mail from another state ( Massachusetts) for a warrant if I remember correctly.

For stolen property I fell into a scam and had money deposited in my account it’s completely my fault. However I live in Texas, I am saving up the money so late next year I can get a lawyer. How will it affect me here in Texas for the mean time? Can I get my drivers license? I flew last year to... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2024

A Felony warrant is a problem. If a police officer pulls you over, and runs a warrant check, if it shows up, they will arrest you. What's worse, is that they will hold you until they extradite you to MA. If you get a good TX attorney, they can work it out for you with an MA attorney. My office... View More

2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for Texas on
Q: My husband was scammed out of $850,000. Please help me

:My husband was scammed out of $850,000. He joined a cryptocurrency investment group on Reddit and got scammed by people he met there. After seeing high-return pictures posted by the group, he decided to invest and joined the investment site they recommended. He then took out loans with an interest... View More

John Michael Frick
John Michael Frick
answered on Dec 5, 2024

You are going to need identify the individuals and/or entities that scammed your husband and any assets they may own in the United States. It is going to be very hard to pursue any claims until you identify the perpetrators of the fraudulent scheme. If they are citizens of other nations like... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for Texas on
Q: How can I get a senting to jail over looked and dismissed ,

the state the probation and my lawyer all agreed on a second chance extend probation Ginsburg off my terms of probation and the judge said no to that and sentenced me to jail this is my first offense and I haven’t been in trouble the four yesrs following my arrest . When an mrt was issued I had... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2024

It's hard to know your status right now. Meaning that I do not know if you are on probation right now or if you are concerned with a new charge.

If you are on probation, and need to detox, or other kind of help, your lawyer can make a motion to alter or change the details of your...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: In order to be charged with resisting arrest, wouldn’t you need to be under arrested and not detained?

Basically you get pulled over, and refuse to exit the vehicle until they called a Sargent, get ripped out of the vehicle then let go with a traffic ticket. Then 2 weeks later get picked up on a warrant for resisting arrest? Is that possible?

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

The criminal offense includes more than simply an arrest. The statute reads:

"A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an...
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3 Answers | Asked in Criminal Law for Texas on
Q: My husband was arrested on pending felony charges 9/14 72 days in jail No charges have been filed

What is going on. Why has he not been to court, can they even keep him there. He has a valid visa but ice hold due to felonies never been in trouble ever

Michelle  Lugo
Michelle Lugo
answered on Nov 26, 2024

Depending on his charge, he can hire an immigration attorney to petition the immigration court for a bond so that he can be out during the pendency of his case. But the charge may have a lot to do with whether or not the federal courts will be willing to do that. In the interim, there is no point... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have evidence of coerced and falsified documents from a probation officer/judge and misconduct/bias/prejudice

Also a pretexual traffic stop/unlawful stop/premidated conspired set up.

What can I do about that?

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

You should tell your criminal defense attorney. Evidence obtained during your traffic stop could be excluded if you can show that the stop was unlawful and pretextual. But you need to raise this complaint properly in a pretrial motion or objection at the time of your trial, or you could waive... View More

2 Answers | Asked in Criminal Law for Texas on
Q: So the judge can set the amount of bail to what he wants. Is There's no legal limit??

Is there not a certain amount

Madolyn García Falone
Madolyn García Falone
answered on Nov 25, 2024

Bail is set using various guidelines, which vary a bit between jurisdictions. The bail amount has to be reasonable when considered in light of the severity of the crime, but bail will also be higher if the defendant has a substantial criminal history, especially one that includes bail jumping. Bail... View More

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