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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have a family charge against my mom and she lied on the police report saying she has dementia she also attacked me and

All I did was defend myself and I didn't press charges but she lied and press charges on me my lawyer said she can't beat the case but she's a court appointed lawyer do I need to get another lawyer

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 22, 2021

The result of a criminal case will depend on the quality of the prosecutor's evidence, the skill and diligence of the defense attorney, and some degree of luck. You can't control the evidence or the luck, but you can hire a better defense attorney. On average, expensive attorneys get... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a felon buy a gun in TEXAS WITH NEW 2021 gun laws
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 22, 2021

No, it doesn't matter what Texas does becasue federal law prohibits felons from possessing a firearm or ammunition.

1 Answer | Asked in Criminal Law for Texas on
Q: Theft/2500 2+prior (4 convictions) and unauthorized use of motor vehicle? Collin county

He also has various other past convictions totaling around 20 i do believe. This is second time in collin county last conviction was in 2020 also there

Grant St Julian III
Grant St Julian III answered on Jul 21, 2021

I am not sure of your exact question. Call an attorney in your area. Good luck.

1 Answer | Asked in Criminal Law, Federal Crimes, Social Security, Estate Planning and Probate for Texas on
Q: Is it fraud to apply for benefits from a commen law marriage if they were not even commen law married and the man died.

I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... Read more »

Stanley Franklin Denman
Stanley Franklin Denman answered on Jul 17, 2021

The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Texas on
Q: Can one get prosecuted for trafficking when entering any state, in possession of 10gr of pseudoephedrine hydrocloride?

1st time offense. No prescription. Medication bought over a period of time. Individual entering state for holidays.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

You can be arrested and prosecuted for anything. However, you can only be convicted if you enter a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. Ten grams is 10,000 milligrams. A typical pill of pseudoephedrine... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What does that mean COMMITMENT/RELEASE ORDER
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

I do not know how things are done in College Station. However, I do know that an order is a legal document that describes what is to be (or has been) done and on what authority. I also know that a Commitment is an order that checks someone into jail, and it is often a boilerplate form. So, given... Read more »

1 Answer | Asked in Criminal Law, Child Custody, Constitutional Law and Juvenile Law for Texas on
Q: Can I be charged if I gave a ride to a minor that i did not know was running away

Sons gf lives with uncle and grandma her mom lives in Mexico she had a argument they told her to leave her mom talks to me ask me to give her a place to stay three days later she went home again with uncle and grandma following day she asked me to pick her up and drop off at a store for someone... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 16, 2021

The answer is "yes", you can be charged if the police have reason to believe you are not telling the truth about how much you knew. Quit talking to the police and get a lawyer. If the police believed you, they wouldn't be threatening to try to convince the D.A. to prosecute you.... Read more »

4 Answers | Asked in Civil Litigation, Consumer Law, Criminal Law and Intellectual Property for Texas on
Q: Can I use the term "law" in my email address title without being a lawyer? Example: Jason.Smith.Law@yahoo.com.

I am a law student and have an email address with the term "law" in it. I am not a lawyer, however, and have never stated that I am. Is it legal for me to continue to use this email address without being a lawyer? Don't I have speech protections so long as I am not actively trying to... Read more »

Omar Darwich
Omar Darwich answered on Jul 15, 2021

best and easiest way to get a proper answer is to just contact your local state bar's ethics hotline

good luck

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1 Answer | Asked in Criminal Law for Texas on
Q: My son was just arrested in Arizona for a felony in Texas. What immediate steps do I need to take?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 12, 2021

Hire a criminal defense attorney who takes cases in the specific Texas county where the arrest warrant was filed.

1 Answer | Asked in Criminal Law for Texas on
Q: was found guilty for attempted sexual conduct with a minor in 1987. I did 8.5 years on a plea deal. class felony

This was in Arizona and minor was under 15

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

What is the question? If you are asking about your criminal history you should talk to a criminal defense attorney licensed in Arizona.

1 Answer | Asked in Criminal Law and Agricultural Law for Texas on
Q: Friend ask us to watch their dog. We returned the dog home and put the dog in the backyard. Is that animal cruelty?

As, they told us they would be home in 10-15 mins so we told them we put the dog in the backyard with his things and water. Told them we had to get going because it was late. They are now saying since we put the dog in the backyard that it’s animal cruelty and their going to call the police on us.

Teri A. Walter
Teri A. Walter answered on Jul 8, 2021

On the facts stated, there is no animal cruelty.

1 Answer | Asked in Criminal Law for Texas on
Q: And Jefferson County Texas what is the penalty for a first-time offender with a pocs charge 10 X pills
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 7, 2021

It is likely to be a felony of the third degree, punishable by 2 to 10 years confinement in the state penitentiary and a fine up to $10,000. If the defendant has no priors then probation is also possible.

By "X" pills, I assume you mean ecstasy, or...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My son has a pocs charge the items were found in my clothing. I do not know where it came from he wants me to take charg

He and his girlfriend were helping me move items from my home I just left an abusive relationship

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

It is not true that somebody must "take" the charges. You son will only be convicted if he enters a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. One of the element of POCS is to "knowingly or... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I need some information on a pocs charge

Clothing in which state assistant me and moving to days before. I had no knowledge of the pills being in my clothing as well I do not know exactly who it belongs to that I am trying to find out what can be done in this situation

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

That certainly doesn't look good. Hire the best local criminal defense attorney possible and tell him or her everything to the best of your memory.

1 Answer | Asked in Criminal Law for Texas on
Q: Can Washingto County. Brenham Texas extend my probation or throw me in jail for not being able to pay my fines and fees?

Able to pay my fines and fees I was in safe for 9 months and county 2 months along with rehab BBCASA. Have been home 1 1/2 years. Father died 7 mo again am caretaker for mother all that time Are combined income is very low. Groceries bills phone cable electric etc. I contribute about 400 a month... Read more »

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

It sounds like the real question is, "Can my probation be revoked if I am indigent and my only violations are my failure to pay the fines and fees?"

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Texas on
Q: What motions and forms do I need to e-file on a 481.121(b)(1) charge in Montgomery county Texas...

I am not guilty, I had no knowledge of the marijuana being in my vehicle, and I denied the police permission to search my vehicle. I want to get my case dismissed.

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

Getting a dismissal in a case like this isn't about filing motions and forms. The most likely path to dismissal will require a suppression hearing, the success of which is likely to depend on legal technicalities regarding the stop, the search, the arrest, and the transition from a traffic... Read more »

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Texas on
Q: An elderly friend is being kept in a rehabilitation facility against her will. Who can help?

She became critically ill 3 months ago. She was hospitalized then sent to a rehabilitation facility when she began to recover. Her daughter has a medical power of attorney. She has been okayed by her doctors for release but her daughter will not allow the facility to do so. The daughter (and other... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 6, 2021

Other than your friend herself, the only person who can decide where she lives is a guardian of her person. An agent under a Medical Power of Attorney does not have this authority. An agent under a Medical Power of Attorney only has the authority to convey someone's wishes when they cannot... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What is a event :(supplemental setting ) In regards to a district court date. This would be the first court date?

My friends husband is on probation and got arrested again and out on bond. We just found out he has a court date but it says in the event section Supplemental Setting .. wondering what that is?

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

Your friend should ask his criminal defense attorney. There is not a standard type of court appearance generally known throughout Texas as a "supplemental setting." It is possible that it means something specific in the county where the case is pending but it is most likely a default... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can the county judge I want it move to can do anything?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 5, 2021

Yes, the county judge can do almost anything, except those things she can't do.

1 Answer | Asked in Criminal Law for Texas on
Q: Can my mtr be dismissed if u.a. was not sent to lab for confirmation in abilene tx

I am prescribed adderrall . The u.a. at probation is a false positive for amphetamine and methamphetamine. P.o. asked me to agree to safp 9 months. I refused so mtr was filed. I asked for u.a. to go to lab and she said no its in trash. I asked to report mon wed fri to drug test and she said no.

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

It is a good start, but you should hire a local criminal defense attorney to make the most out of this argument. Don't try to do it yourself, there is too much at risk if your probation is revoked.

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