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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Iwas aressted for aggravated assault with a deadly weapon and robbery with the intent and that wasmt the case it started

Someone came to my house the day before I got arrested and told me if I didn't give him my Xanax he was gonna come back with a gun and I'd either come off my pills or my purse so he left and my fiance at the time disappeared so I. Knew we're they went so I had someone drop me off... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 1, 2022

Not sure I see any question in what you wrote. You are permitted to defend yourself and third parties from imminent violent crimes against you. Aggravated assault is a serious offense, and self defense is not a simple analysis, you really should take any concerns about your case to your lawyer. If... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: me and my fiancé were caught stealing from heb and the store we stole from made a police report.

Hello, me and my fiancé both work for heb and we were experiencing some financial struggles so we would steal food when grocery shopping at different stores but on Father’s Day we stole quite a bit of meat and we were caught and our store management placed us on paid suspension but made us aware... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 30, 2022

Don't talk to the detective. Don't answer any questions from anyone from law enforcement or HEB. If charges have been filed, you can call a bail bondsman to post the bond and get a court date. After that, you will need to find a lawyer to defend you in your case. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: Was my Fourth amendment right violated

I was at a motel the police got called for a misdemeanor burglary of a vehicle it was probably 3 or 4 hours after the alleged incident early in the morning maybe 6:00 cops got called I was in the room by myself they knocked on the door kept knocking I didn't answer the door I didn't make... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 30, 2022

I see that you have asked questions related to this situation before...you really are not going to get a complete answer on a free forum. You need to bring these concerns to either your appointed attorney, or the attorney you hire on your case. You MIGHT have issues to object to the search for... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If I lied about someone assaulting me and he is in jail what do I need to do to fix it
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 30, 2022

Once charges have been filed, a good way to help that person would be to assist in their search for a criminal defense attorney to defend their case. Even if someone takes back their statement ("recants"), the district attorney may not immediately dismiss the charges. If the prosecution... Read more »

4 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Do I have the ability to remove something on my record if it was just an arrest, and I wasn't convicted?

It's been years since this happened, but about 4 years ago I applied at HEB and was declined because of my "assault charge", is what they said. I know this has to be inaccurate because I was never charged, so I am curious what they saw on my background check?

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 30, 2022

Yes. Under Chapter 55 of the TX Code of Criminal Procedure, you can petition a civil court to have many types of criminal history record information removed from their respective databases. This includes, but is not limited to, records of formal misdemeanor or felony charges. An attorney can assist... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: If I lied about assault and he got arrested but it wasn't true what do I do
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 28, 2022

You could be arrested for filing a false police report. You need to tell the truth and hopefully they will dismiss his criminal case,

2 Answers | Asked in Criminal Law, Civil Rights, Elder Law and Federal Crimes for Texas on
Q: “During the glory days of radio, it was illegal to mimic the voice of the US president.”

“During the glory days of radio, it was illegal to mimic the voice of the US president.” Was there actually a law prohibiting that? Or was just a White House policy and not a legal issue.

Was it law or policy?

John Cucci Jr.
John Cucci Jr.
answered on Jun 26, 2022

What you are referring to is the Policy of the Government. The 1st Amendment gives you the right to mimic anyone!

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1 Answer | Asked in Criminal Law for Texas on
Q: while under indictment for burglary the DA filed a bill of information on the same crime and took me to trial.

the district attorney filed the "bill of information" and made a plea negotiation. he made it look like he was giving me a break by letting me plead guilty for 20 years. twenty years was the maximum I could've gotten if I went to trial on the pending indictment.

John Cucci Jr.
John Cucci Jr.
answered on Jun 24, 2022

While it may seem strange, sometimes the DA will switch from the Indictment charge to a new charge on an Information. That is usually because the Judge could not legally give you the plea you wanted ( a good one I guess ), as part of the Indictment for a technical reason. So, the DA dropped the... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Sister call cop said I hit her im at corner store can cops come in and detain me

And when arrived cop sees no visible markings never question my mom and detaining me never told me why what happened or anything just walked up behind me told me stand up turn around put your hands behind your back inside the store

John Cucci Jr.
John Cucci Jr.
answered on Jun 24, 2022

The short answer is YES. I would not say that unless it were true. If the cop ID ed you, and there was an allegation by your sister, the cop had a job to do to at least talk to you. Detaining you was lawful for a very short period of time to inquire. The worst part is you do not know exactly what... Read more »

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1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: What can I do about a bad lawyer?

I have had an assigned lawyer for 11 months. During that time she has been extremely uncommunicative, not answering any requests for info about my defense. Not confirming that she receives my calls or emails. She has not done anything in my defense to prepare for trial. Last week, prior to a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

It sounds like you have already taken the proper steps by documenting your communications and approaching the judge. Many court-appointed lawyers are overworked and underpaid. Client communications are time-consuming and are not always helpful to the attorney's preparation of a defense.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Does getting a subpoena mean you will definitely have to testify?

My husband was told he was going to receive a subpoena to witness in an up coming trial. They also told him they might not use him at all. I thought subpoenas had to have dates and times, etc. declaring when someone will have to testify. Please help me understand.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

A regular subpoena is a court order to appear and be prepared to give honest testimony. A subpoena duces tecum is a court order to provide evidence (typically documents) and it may specify a deadline that is before whatever trial or court setting where the evidence might be used to give the... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can police take my dog from his lead while looking for someone with an arrest warrant who use to live there?

I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

They took your dog and left or they simply moved your dog to a different location? To be honest, if they claimed to be afraid of the dog then they could probably get away with shooting your dog dead.

1 Answer | Asked in Criminal Law for Texas on
Q: In Texas, can the d.a. File a motion to proceed with an adjudication of guilt prior to actually being booked into jail?

This motion contains some false information and makes me appear to look a lot worse than it truly is.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

Yes, in fact both the Motion to Proceed with Adjudication and the capias warrant MUST be filed before the end of the community supervision period.

1 Answer | Asked in Criminal Law for Texas on
Q: In Palo Pinto, Texas, they posted my bond at $750,000.00 in error which horrified my people for a week. Is that legal?

Yes, it was a typo but it took almost 2 weeks of being posted for the public eyes. Everyone I know suddenly did NOT want to know me and ridiculed me because it made me appear to have done something unthinkable. It should have been $75,000.00. My reputation is destroyed even still today.

John Cucci Jr.
John Cucci Jr.
answered on Jun 21, 2022

While publishing the wrong amount of your bond is not "illegal" it is terrible. Not much you can do now that they have corrected it. What is your charge?

The best way to fix your reputation is to beat your charges.

Good luck!

3 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Hello I filed a false report on someone and they had charges pressed. I recently was charged with filing a false report

I was just wanting to know what could be the outcome of both situations. Since I was recently charged with filing a false report does that mean the charges against the other person will be dismissed?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

The prosecutor is not REQUIRED to drop the charges against the other person but it would be foolish not to drop them unless your retraction did not cover all of the criminal behavior alleged against the other person. For example, if your retraction statement said "he threatened to chop me up... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Can a police officer break into my hotel room over theft of a car misdemeanor call. I'm in texas,

The police got called for burglary vehicle I was in my room with the door closed and the latch latched I was in there by myself cops came I didn't answer the door they never seen me in the room of course they knew I was there but never see me and eventually broke down the door found illicit... Read more »

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 27, 2022

Unfortunately there are not enough facts to answer your question. Yes, the police may not "break down a door over a misdemeanor," legally. They can, however, break down the door in other circumstances: felony warrants, pursuing a fleeing felon, and (in some cases) to prevent the imminent... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: What does it mean when you will not be having trail
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 19, 2022

Most criminal law cases are resolved without a trial. Sometimes the charges are dismissed by the prosecution and sometimes there is a settlement agreement between the prosecution and defense. A case may also be dismissed by a judge over the prosecution's objection, but that only happens in... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: My husband was on pretrial for over a year was supposed to have trail but now it's saying that there will be no trail.
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 19, 2022

You did it no mask a question. The case must of been dismissed or he is took a plea

2 Answers | Asked in Criminal Law, Domestic Violence, International Law and Juvenile Law for Texas on
Q: My brother molested me when I was 13yrs old. Albert is 2 yes older. He did these sick acts for a few weeks. U told Mom

My brother stopped but not before he beat Dad up in the Shoe shop as I walked in back door after school seen Dad laying on floor and picked a shoe hammer up to fend Albert off of Dad. I cried then it was in high school days

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 18, 2022

What is your question, If you want to file charges file a police report,

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2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Federal Crimes for Texas on
Q: I just found the court case number that awarded me $5.5 million from the ins. Co that my lawyer said did not exist I

Yes I want to recover this money, I need representation. It will have to be on contingency but if recovered I would pay more to the attorney that took the case than 33% much more.

John Cucci Jr.
John Cucci Jr.
answered on Jun 18, 2022

If what you posted is true. You need to get a copy of the award or judgment. As it seems to be over 10 years old, there may be some time-limit issues.

If that $ is in a trust account for your deceased husband, you will need to get a court order from the surrogate's court to get it. If...
Read more »

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