Lawyers, Answer Questions  & Get Points Log In
Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: While acquiring a TX driver's license I was informed OK and MD had "flags" on me--how can I find out what they are?

These incidents must go back to the mid-1990's--so did not impact my ability to get licensed in TX; but I'll be travelling regularly to OK--and don't relish an unpleasant surprise from a routine traffic stop.

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2019

Contact attorneys from OK and MD... ideally in the same counties where you most likely accused of a crime.

2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Hi am being accused of stealing one of my friends bully pitbulls without any evidence or proof what are my options

The person accusing me is my friend Who has now said he has submitted the police report

Gary Kollin
Gary Kollin answered on Oct 15, 2019

Who is accusing you?

Do not make any statements to the police without an attorney?

Otherwise, ignore. Remember sticks and stones

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: pga-1 01/19 time served. texas reduced that charge to a misd. can i get the felony charge of my record? no priors.
Grant St Julian III
Grant St Julian III answered on Oct 14, 2019

Time served equals a conviction, and the only way a conviction can be removed from your record is via pardon from the Governor.

3 Answers | Asked in Criminal Law for Texas on
Q: Can I get charged of assault if I just kicked the person charging me?

Please

Cayley Turrin
Cayley Turrin answered on Oct 13, 2019

Yes you can.

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: (TX) If I cant be forced into a contract. And pursuant to section 19 of the Texas Constitution,

I cant be deprived of my rights or disfranchised in any way. Then how is it that I can be jailed/fined and have my property taken and be treated like a criminal for carrying a firearm (sidearm) with out a license?

The same thing can be said about any other license that isnt commercial.

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 11, 2019

Do you drive without a license? Hunt without a license? Have you been listening to someone who is practicing law without a license?

2 Answers | Asked in Criminal Law for Texas on
Q: My neigbor took my jerican without my consent. she didnt return. I entered, picked but charged me tresspass

My neighbor took my jerrican without my consent. she didn't return it. I entered, picked it from her residence, but she charged me for trespass. what should I do?

Roy Lee Warren
Roy Lee Warren answered on Oct 10, 2019

You should hire a lawyer to defend your case. You were fortunate that you were not charged with a more serious crime. I hope you did not enter any residence or building bc the DA could modify your charges to burglary of a building. I am sorry to say people seldom have the right to self help, just... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Do I owe them?

I am a senior citizen. I have had a cat since she was a small kitten. She is about nine years old. she is an outside, only coming in to eat. Very friendly I had her spayed, and vaccinated and micro-chipped in 2012. For the past year and a half, a neighbor has held her captive and she returned home... Read more »

Gary Kollin
Gary Kollin answered on Oct 10, 2019

Regardless, what is their remedy? Sue you?

I doubt anything will happen.

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: He was stopped for no insurance but he had insurance they searched the car found a pen shaft with drug residue not his

Car and he doesn’t do drugs he went to court for a warrant and was then released his court date was for 10/10 so he was told he would get his property at the court house but was rearrested for a different charge which he couldn’t have done because he was just released

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2019

I'm not clear on the question but the answer is to hire a criminal defense attorney, preferably one with an office in the same town as the courthouse.

2 Answers | Asked in Civil Litigation, Criminal Law, Domestic Violence and Mergers & Acquisitions for Texas on
Q: Court ordered drug test at probation office

What are they for ....

How can results be shared

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2019

Refraining from the use of intoxicating substances is typically a condition of probation.

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: statute of limitations on the time someone in a county jail facility with a judgement of "time served" is to be release?

How long can someone remain detained on a probation provocation in a county jail facility after a judgement of "time served", "to be released" on a 9 month sentence with a 13 month credit?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2019

The statute of limitations specifies the maximum allowable delay between the commission of a crime and the filing of formal charges. For example, since the limitations period is 2 years for misdemeanors the state can't now file a new misdemeanor criminal case against you for something you did more... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Do Nordstrom rack have a no chase policy
Gary Kollin
Gary Kollin answered on Oct 10, 2019

This is question of store policy and not one of law

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Is it possible to get acquitted on a domestic violence case if not enough's evidence to prove that any violence happene?

My bf was charged for domestic violence because he grabbed my arm during a argument but nothing else happened besides verbal interaction between us both.

Gary Kollin
Gary Kollin answered on Oct 9, 2019

It depends on the definition of violence.

You should communicate with his lawyer

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: First part of my question: Does a Justice of the Peace have the authority to re-open an inquest?

Second part:

I have read it chapter 49 of the Texas Code of Criminal Procedure and my opinion is that a JP does have the authority to reopen an inquest if a 'credible person' has new information and the outcome may be different if re investigated. Then he may reopen the inquest and take the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 8, 2019

After reading chapter 49 and making note of the specific statutes that seem most applicable, the next step is to search the county law library (or WestLaw or LexisNexis) for published opinions from the appeals courts that reference those exact statutes. Those opinions are important because the law... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: My exHusband is being accused of sexual battery by his current wife & has been arrested, I have no idea how 2help
Roy Lee Warren
Roy Lee Warren answered on Oct 8, 2019

Thanks for your question and I am sorry for the situation. IF YOU HAVE THE RESOURCES TO ASSIST HIM WITH BAIL, that would be the most immediate help. Hiring a lawyer would also be in his best interest. If you speak with him from the jail remind him telephone calls are subject to being recorded and... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: Does a Justice of the Peace have the authority to re-open an inquest?

Thank you for the direction to chapter 49 of the Texas Code of Criminal Procedure. I have read it and my opinion is that a JP does have the authority to reopen an inquest if a 'credible person' has new information and the outcome may be different if re investigated. Then he may reopen the inquest... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 7, 2019

Start by examining chapter 49 of the Texas Code of Criminal Procedure. Here is the link: https://statutes.capitol.texas.gov/Docs/CR/htm/CR.49.htm

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Is unofficial police arrest a freud.

The arresting officer was called to to the school by the principle that called the officers cell phone. The cell phone call is considered personal, and not an official police call. I was arrested and charged, and the case was used at jury trial as evidence for conviction in another case.... Read more »

Grant St Julian III
Grant St Julian III answered on Oct 3, 2019

The type of phone used to call police is immaterial to prosecution.

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: What does it mean when they transfer your judge? It states transfer reason is pending case.
Wessley Ball
Wessley Ball answered on Oct 3, 2019

Based on your question, this sounds like the case (not the Judge) is being transferred to a different court because there was already a case pending against the defendant in that other court. The idea is to put all of the person's cases together.

Judges don't get "transferred" they sit...
Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Hi my name is Gary Whiteside. I live in Texas. My son is facing a DWI charges in we can't afford the money for a attorne
Wessley Ball
Wessley Ball answered on Oct 3, 2019

At some point he will appear before a Judge or Magistrate. In most counties, they are set up to ask the person if they have sufficient financial ability to retain counsel or if they are requesting court appointed counsel. If your son requests appointed counsel, they may screen his financial... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Am I at fault? I never have issues with presenting my receipts to the checkers at the exit doors.

In fact I prefer it to avoid any of the issues. (Been told stories but never thought I'd be one.) After presenting my receipt I was detained by employees due to a discrepancy. Date was incorrect. I had no problem with them doing what they needed to clarify this issue. After what seemed like 30+... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 27, 2019

If it was not your intent to take anything you didn't rightfully buy then you didn't commit theft.

A person commits THEFT if [she] unlawfully appropriates property with intent to deprive the owner of property. Appropriation of property is unlawful if it is without the owner's effective...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: can i get my deferred adjudication overturned if my accusers come forward and admit to lying about everything

i was falsely accused of agg assault with a deadly weapon and i am now on deferred adjudication for it... I was wondering if the 2 people who lied to the police come forward and tell the truth is there anyway I can have my deferred adjudication overturned

Grant St Julian III
Grant St Julian III answered on Sep 26, 2019

Yes. Contact the Innocence Project at https://innocencetexas.org regarding post-judgment relief. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.