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Texas Criminal Law Questions & Answers
1 Answer | Asked in Child Custody and Criminal Law for Texas on
Q: What are the consequences of a 16 year old girl running away to her biological mother who doesn’t have custody??
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

You can get a certificated copy of your order and call the police and make a report. The could bring charges, but many times in Texas will not. You can take a copy of the order to the other parents house, call the police and demand turnover. If the child looks like she is over 18 and speaks... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My Son is 14 years old and was caught video taping his 12 year old Girl Cousin in the bathroom with a phone.

Can a civil suit be filed against him and would he be placed in the sexual predator list?

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Mar 28, 2020

This is very serious and you need to contact a local attorney immediately. However, this is not likely a civil matter. If the authorities get a hold of the video there are a number of crimes that can be charged. If the video portrays any genitalia the video is child pornography. Any adult who... Read more »

1 Answer | Asked in Criminal Law, Nursing Home Abuse and Personal Injury for Texas on
Q: I need a good lawyer in Dallas Tx. for alot of nursing home abuse/neglect including sexual crimes...
Deandra M Grant
Deandra M Grant answered on Mar 26, 2020

Are you trying to file criminal charges? File a civil lawsuit? Your question is not clear.

1 Answer | Asked in Criminal Law for Texas on
Q: Harassment emails is a misdemeanor b or c?? Thanks

Harassment Electronica emails

Grant St Julian III
Grant St Julian III answered on Mar 26, 2020

Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;...
Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: How to find out if my current lawyer is working on my case?

It's been almost 4 months since I hired him, I was charged with aggravated assault with a deadly weapon. I was released on a bond and been under partial house arrest since then. I want to know if my lawyer is working on my case. How do I find out?

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Mar 24, 2020

Call him/her. Good lawyers will freely talk to their clients and show you what they have done. All lawyers must communicate with their client. If the lawyer won't get back with you then you should hire another lawyer and look at remedies with the State Bar.

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1 Answer | Asked in Criminal Law for Texas on
Q: Can a inmate get there time reversed from a previous lawyer after they have retained a new lawyer

My sister signed to go to a rehab an probation but given that she has a child and the hold for the rehab has no date when she will get to go

Grant St Julian III
Grant St Julian III answered on Mar 24, 2020

Time spent in custody awaiting transfer to a rehab facility as a condition of probation does not count as credit toward any jail sentence; it is considered a condition of probation as well. There is no way to know exactly when she will be transferred.

1 Answer | Asked in Criminal Law for Texas on
Q: During this time of Global, and National, pandemic emergency, is not wearing a mask considered attempted murder?

In public, unknown people approach me closer than 2 meters and wearing no mask. They smile as they speak. I am fearful. They are obviously disobedient and uncaring. I ask them to stop; but, they only withdraw laughing - after they break all the rules concerning my health and safety. Sometimes they... Read more »

Grant St Julian III
Grant St Julian III answered on Mar 24, 2020

Texas Penal Code

Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) "Sudden...
Read more »

2 Answers | Asked in Criminal Law and Probate for Texas on
Q: Is the COVID pandemic a good reason to call for continuance on a motion to revoke probation hearing?

I have a hearing to revoke my probation on April 2nd, but would like to postpone for 6-12 weeks, To see how the situation develops in Texas. My mother is diabetic and over 55 with no family in the states. I mainly want to be around in case the situation gets worse and she has no one to go shopping... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 22, 2020

Definitely -- and you might get it.

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1 Answer | Asked in Criminal Law for Texas on
Q: In 1998 I plead guilty to Misdemeanor CaPC 243(e). Domestic Battery. in

In 1998 I plead guilty to Misdemeanor PC 243(e). Domestic Battery.

this happens in California. would this prevent from purchasing a firearm today?

Grant St Julian III
Grant St Julian III answered on Mar 21, 2020

Federal law prohibits anyone with a finding of domestic violence against them from possessing a firearm

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Texas on
Q: i was wrongfully detained and treated. like a common criminal and owe the city $600 for trying to report attack. 4 suspe
Grant St Julian III
Grant St Julian III answered on Mar 21, 2020

I am not sure of your exact question. Were you charged with a criminal offense?

1 Answer | Asked in Criminal Law for Texas on
Q: I was arrested for driving while license invalid. Once I got to jail i was charged with pos less than 1g.

I was arrested for driving while license invalid. Once I got to jail i was charged with pos less than 1g an charged with pos of cs in correctional facility, its the same charge by charged as 2 separate offenses. Will one of them be dropped wouldn't that be considered double jepordy?

Grant St Julian III
Grant St Julian III answered on Mar 17, 2020

What you describe is not double jeopardy. It's a little complicated, so call a lawyer in your area. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: I was charged with two counts of manufacturing and delivery why wasn't I charged with just possession

I got pulled over and they searched my vehicle

Herman Martinez
Herman Martinez answered on Mar 17, 2020

There are a lot of factors...some examples, are the amount of drugs, the amount of cash in your possession, if you had anything that indicates that you would be selling like individual bags or scales. Nevertheless, you are presumed to be innocent. Try to hire the criminal defense lawyer you feel... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: Does an open air search of a vehicle extend to the passengers? If a K9 hits, and no drugs are found, is the passenger

required by law to ID and submit to a search of their person?

I was arrested for not IDing as passenger in vehicle involved in traffic stop for allegedly rolling through a stop sign. City cops followed us into county limits before initiating stop. Cops called k9 in from neighboring city,... Read more »

Grant St Julian III
Grant St Julian III answered on Mar 14, 2020

Texas Penal Code

Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

(b) A person commits an...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If I dismiss my court appointed attorney can the judge still proceed with pretrial and trial which is two weeks apart

I informed them the court that I wasn't taking a plea when I'm not guilty of the charges . They proceeded with a pretrial after I mentioned wanting the attorney I'm going to hire to be present for pretrial but the judge proceeded anyway . He also refused to take my dismissal of the court appointed... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 13, 2020

The judge has wide discretion over the docket and may be concerned that you are changing attorneys simply as a delay tactic. One of the risks of changing attorneys so close to the trial date is the new attorney might not have enough time to be as prepared as she would normally want to be.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Are people able to file disorderly conduct charges?

no

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 13, 2020

You can report a crime to law enforcement.

1 Answer | Asked in Criminal Law for Texas on
Q: I was arrested last year forA traffic warrant On the way to the jail I informed the officer that I had possession

A controlled substance and he assured me that he was going to throw it away and not charge me for it can they come back and charge me with it later

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Mar 12, 2020

Most people find it shocking that police officers can lie to civilians without any consequence. A police officer who promises that you will not be charged is making a promise that they do not have to keep. Many times police officers will tell people that they have arrested that they will not file... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is theft under 2500 with 2 priors a SJ felony or is it a mistem b enhancement? Is it a charge of its own?
Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Mar 12, 2020

It is a charge of its own. When someone has two prior theft convictions and is arrested for another theft the State has the option of filing that new arrest as a State Jail Felony. However, the State can also choose to proceed as a theft based on the value of what was allegedly stolen. The choice... Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Texas on
Q: Can I get custody of my grandchild after being charged with abandon with criminal neglect, if I have changed my life now

I have been clean since they took him from my home. I didnt have custody then. My daughter left him with me. I relapsed. and then let someone smoke meth in another room of my house. I have been babtised. I am working now. I bhought my own car. I go to narcotics anonomus twice a week. and have taken... Read more »

Roy Lee Warren
Roy Lee Warren answered on Mar 12, 2020

I am happy for you. Great job, however the answer depends on whether your parental rights were terminated. If not I'd say courts would rather keep children with family members when possible so you have a decent chance. Best of luck to you.

1 Answer | Asked in Criminal Law for Texas on
Q: Can they enhance my charge to a 3rd degree felony if they already are charging me with a SJ theft under 2500×2
Roy Lee Warren
Roy Lee Warren answered on Mar 12, 2020

You will need to discuss this with your lawyer. This is a complex area of the law on enhancements and one of the more reversed area after a trial. The answer depends on more than I could discuss in this forum but your lawyer should be able to give you a satisfactory answer, if not get a second... Read more »

1 Answer | Asked in Criminal Law, Collections, Lemon Law and Small Claims for Texas on
Q: can i report my car stolen?

Transmission went out, shop picked it up and towed it to their location. Tore it down and diagnosed it. The contract says it’s $599 for tow and tear down. He told us $1480 to repair it. We said okay. He then jacked the price up to $2480 saying “there was more problems”. Fast forward a year... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 10, 2020

This is a civil matter. Theft requires the state to prove intent at the time the property initially changed hands.

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