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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: What does misc offense - no code mean when looking up what someone was arrested for?

It also has XXXX where the warrant number is.

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 15, 2021

If you will state the offense your trying to get information about, I can probably help with that question. The fact that that there is no code means just that, there is no code input into the person's information. The "xxx" in the warrant number generally means that there is no... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Does court have jurisdiction over a indictment of possession of a controlled substance if the indictment doesn’t name a

Substance

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 15, 2021

A possession of controlled substance indictment which does not specify the controlled substance involved is subject to being "quashed" when and if the defendant files such a motion. To the extent that the court has jurisdiction to quash the indictment, it doew have jurisdiction (i.e.... Read more »

1 Answer | Asked in Libel & Slander and Criminal Law for Texas on
Q: my deceased husband and my log splitter was removed 2 days folowing his death by an ex wifes son and he damaged property

log splitter was our livlihood and he had no right to take it. he smashed the gate with our box van and ruined a $1000 hydrolic lift, messed the gate to where i could not secure the property, and left me in a financial mess and an emotional wreck. Ive lost alot of income without the wood wee sell... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

It sounds like you may have a claim for property taken and damaged. Whether that claim makes sense to pursue depends on how much was lost, and the likelihood of collecting a judgment from the person who caused the damage. I suggest you gather your documentation and consult with a lawyer in your... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I had a jeep stolen before i could have title switched to my name.. The title to the jeep was in glove department .. I

I HAVE COMPREHENSIVE INSURANCE BUT THERE SAYING THEY ONLY CAN PAY CLAIM TO THE REGISTERED OWNER .. I HAVE BILL OF SALE FOR VEHICLE.. WHAT CAN I DO

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 13, 2021

I don't think this question is posted in the correct forum for the most informed answers. Proving ownership of a vehicle for insurance purposes is outside the scope of criminal law. I would maybe ask a personal injury attorney for ideas because they are in the business of suing insurance... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it wrong for detective s to drop a investigation just because they don't believe you,I didn't see my asailnt,

I was shot point blank in

the stomach as I was closeing my door.didnt see who shot me,I had cameras on all 4 corners of my house recording,they repeatedly asked who did it I honestly said I don't know an in pain I screamed out i shot my self so paramedics would take me,they yelled... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 13, 2021

You could ask law enforcement to continue the investigation, but you should reconsider confessing to a criminal offense on a public website.

Texas Penal Code Sec. 37.08. FALSE REPORT TO PEACE OFFICER [...] (a) A person commits an offense if, with intent to deceive, he knowingly makes a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: Is it illegal under 18 U.S.C. §2385 for me to quote the Declaration of Independence?

The Declaration of Independence says to that if the Govt is corrupt we need to abolish it. So is it illegal to advocate the Declaration of Independence under 18 U.S.C. §2385?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 12, 2021

The Declaration of Independence is an interesting historical document that explains why the colonists revolted against the rule of King George but it does not have the authority of law in the United States. In fact, between the time of the Declaration and our current Constitution a different... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: I am seeking expungement representation from a drug felony conviction 15 yrs old.

I am currently enrolled in nursing program and of coarse will face hurdles getting hired. I was 24 now 40 yrs old with 2 children I am at the point that need to expand my professional career and pursue my dream. I have been with my current employer for 14 years, I am a home owner since as well and... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 12, 2021

Convictions cannot be expunged. The only way to remove this from your record is via pardon from the Governor.

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1 Answer | Asked in Criminal Law for Texas on
Q: If a person believes to be detained without probable cause, are any subsequent charges brought up while detained valid?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 11, 2021

Yes, they are. The validity of criminal charges is not determined by the suspect's beliefs about the justifications for their detention.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Does a defendant have a right to review redacted evidence obtained through discovery before entering plea bargain?

A motion to compel discovery was properly filed by the defendant after the withdraw of the defendant’s first attorney and before the defendant’s second attorney accepted the case. It was ignored. Defendant has not been able to review any of discovery before entering into plea bargain. Defendant... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 11, 2021

Simply filing a motion doesn't help and there is a decent chance the judge isn't even aware of it. You've got to serve it on the prosecution and ask the judge for a ruling on it. Unless it is trivial the judge would probably want you to set it for a hearing. If it is trivial then... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: My grandson was shot and killed on Dec.12,2020 in his apartment by his girlfriends father.

It's a long story but the police haven't arrested him yet but it is coming. They have released my grandson's name but not the killers. Is there anything keeping me from putting his name out to the public?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 10, 2021

I'm very sorry for your loss. You are free to put your grandson's name out to the public so long as there is no court order prohibiting the release of his name. The question I have is why aren't you asking the police agency this question? There are many reasons why the release of the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: why are some suspects charged with murder at the time of the crime and some go to the grand jury?

the guy that murdered my nephew in his apt. 12/12/20. was never arrested or charged and we are still waiting. others that have committed murder were charged the same day. we are told the DA doesnt have the case and it has to go before the grand jury. it happened in Wichita Falls TX

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

Murder is a felony. All felony cases must be indicted by a grand jury. Usually, law enforcement believes they have enough evidence to amount to Probable Cause for an arrest. Sometimes, they are not sure so they give the evidence and case file to the District Attorney's office. The DA is... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I'm trying to get a police report of a disturbing incident told to me by my 7 year old daughter.

I'm trying to get a police report of a disturbing incident told to me by my 7 year old daughter and was told by HPD that I would need to get a judge to subpoena the records because my name is not on the report. Can you help me with this process? I need these records immediately.

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 7, 2021

You don't have a right to get a copy of the offense report, assuming there is an offense report, but you do have a right to get a copy of the incident report if one was generated. Contact the public information office of the Houston Police Department. I usually just go to police headquarters... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: My first drug charge the plea deal is 5 to 10 i am on probation for theft should i take the deal?

My boyfriend as well admitted it to being his they want me to take 5 to 10 and my boyfriend 10 to 15 same charge for manufacturing and delivery even though it was not in individual bags we admitted that we were kinda stocking up cause lock down since covid i am on probation for theft this is both... Read more »

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

No attorney can answer this question without first examining the state's evidence, talking to you, and talking to the prosecutor. If you don't have an attorney then you should hire one, or ask your family for help hiring one, or at least ask the court to appoint one.

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2 Answers | Asked in Criminal Law for Texas on
Q: Can an insufficient indictment be challenged on appeal under Texas law. Specifically controlled substance without naming

Without naming the controlled substance in the indictment

Grant St Julian III
Grant St Julian III answered on Jan 6, 2021

Any indictment can be challenged. Have this discussion with your attorney. Good luck.

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1 Answer | Asked in Criminal Law for Texas on
Q: I have two felonies and threatened to gut a guy in Oklahoma. I have to make a statement tomorrow. What will they sentenc

3 people herd me on his side and just one person that was with me

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 4, 2021

In general, a suspect should only make a statement if their lawyer is actually present or advises them otherwise.

1 Answer | Asked in Criminal Law for Texas on
Q: My siblings and me were put into a foster shelter in Pascagoula Ms when I was about 16. How can I obtain the transcript

I would like to obtain the court transcripts. My father was never punished and I am wondering why? Thank you.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 4, 2021

If this happened in Mississippi then you should re-post the question and set the location to Pascagoula instead of Killeen because the appropriate records should be located in Mississippi rather than in Texas.

2 Answers | Asked in Criminal Law for Texas on
Q: Under Texas health and safety code 481.126 , if the indictment doesn’t name a substance nor a penalty group is it void
Grant St Julian III
Grant St Julian III answered on Jan 2, 2021

The indictment you describe isn't "void", but discuss this matter with your attorney to discuss its sufficiency. Good luck.

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3 Answers | Asked in Criminal Law for Texas on
Q: Letter from attorney saying i have a fine. Looked up the fine and its arrest warrant for theft in 2016 that I didn't do

The warrant is for theft under $100 from 2016. I have never stolen anything. The lady at the courthouse said the ticket was mailed to my old address. I never changed the address on my DL because I thought I was supposed to wait until my license expired to change the address. She also said someone... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Dec 30, 2020

It sounds like the Court may have considered you as having Failed to Appear. If that is the case, there is probably a warrant out for your arrest. You really should hire a lawyer to defend yourself.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I commit disaster fraud then accuse veteran owner of domestic protective order steal $17000.00

Why can't I file criminal charges for theft while accused

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 30, 2020

Contrary to what we see on television, crime victims don't really FILE criminal charges. What actually happens is citizens report offensive behavior to law enforcement officers and then they decide whether or not they have probable cause to believe a crime was committed within their... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: i got indicated manf.and deleveraging but iwas not in town and someone else got cought with drugs and said it was mine

they kicked my door in with a warrant that only had on it saying arrest warrent and judge signed nothing else they didnt arrest me for another week for that crime plus the officer that was in lead postion of crime was kick off the force . they indicted little over two yrs after will this hold up in... Read more »

Grant St Julian III
Grant St Julian III answered on Dec 29, 2020

No one in this forum can answer your question with any degree of certainty. I would bet the amount of evidence in the State's possession is more than the 4 lines of information provided in your question. Accordingly, without knowing the totality of the evidence in the case, it is impossible... Read more »

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