Texas Criminal Law Questions & Answers

Q: My husband called the police on me. I was upset over something I caught him doing.

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 14, 2019
Kiele Linroth Pace's answer
You are accused of committing a violent crime involving family or domestic violence. Your first step is to hire a criminal defense attorney that has an office in the county where you are facing charges.

The use of force against another person can be justified by self defense, defense of property, and in a few other situations but it is not justified based on words alone (except imminent threats to inflict bodily injury.)

Your husband has the choice of helping the prosecutor,...

Q: My son recieved a DUID. I told the hospital and police they do not have permission to do a blood test and they did

3 Answers | Asked in Civil Rights and Criminal Law for Texas on
Answered on Apr 12, 2019
Herman Martinez's answer
This is a timely question because recent case law is in your son’s favor. You should contact a DWI lawyer asap to discuss the circumstances.

Good luck to you!

Q: List Two or three important cases regarding this particular article and section

2 Answers | Asked in Criminal Law and Admiralty / Maritime for Texas on
Answered on Apr 11, 2019
Kiele Linroth Pace's answer
Is this a homework question?

Q: Hello my name is Luther, i am the victim in a case that is complex and has resulted in many serious injuries to me.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Apr 10, 2019
Grant St Julian III's answer
Contact the Innocence Project for post-judgment relief. Good luck.

Q: Will bonding out the Louisiana jail allow Texas to pick up my bf?

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 10, 2019
F. Edward (Ed) Brown's answer
He can post bond on Louisiana charge, however, he won't get release from jail.

He is on hold for Texas and either must post bond for Texas case or waiting until Texas pick him up.

In most cases, the other state has 10 days to pickup inmate or they will be release.

Q: My cousin has a drug case pending and he was released on a surety/bond. he wants to move to an other city same state ?

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 10, 2019
Kiele Linroth Pace's answer
Your cousin needs to talk to his attorney about this situation. That plan is probably going to require buy-in from both the surety company and the judge.

Q: How long dose it take for a court-appointed lawyer to turn over evidence to the DA so they can drop charges against not

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 10, 2019
Kiele Linroth Pace's answer
The lawyer in question is the only person who can answer this question. Be aware that just because the lawyer gives evidence to the DA does not mean that the DA will necessarily decide to drop charges.

Q: I know that while incarcerated one is allowed to file Court documents for free of charge as being Indigent.

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 10, 2019
Kiele Linroth Pace's answer
If it has been less than 30 days since the case was disposed then contact your criminal defense attorney immediately.

Unusual circumstances are required to do anything after 30 days. Perhaps contact "The Innocence Project" or some similar post-conviction group to find out if your situation qualifies.

Q: NY state law 369e says if you register a promotion late then it's a class B misdemeanor.. What is that penalty?

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 10, 2019
Adam Savett's answer
Offenders found guilty of Class “B” misdemeanors face maximum penalties of up to three months imprisonment or one year probation. In addition, a fine of up to five hundred dollars or double the amount of the defendant’s gain from the commission of the crime may be imposed.

For first time offenders, courts do not generally impose the maximum sentence, absent extraordinary circumstances.

Q: What if either of the parents didnt fill for child support. What can be done. They are young first time parents?.

2 Answers | Asked in Child Custody, Child Support and Criminal Law for Texas on
Answered on Apr 9, 2019
Rahlita D. Thornton's answer
Sounds like someone previously applied for government benefits. They want reimbursement.

Q: if someone has a legal issue in one state and moves to another state, which state should they seek a lawyer from?

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Answered on Apr 5, 2019
Gary Kollin's answer
The state in which the legal issue exists

Q: i sent a friend $100 over paypal and now she refuses to pay. paypal won't help me. what are my options?

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 3, 2019
Grant St Julian III's answer
This is not a criminal matter; you are attempting to collect a debt. You can file a civil suit in the Justice of the Peace court

Q: How long dose it take for a court-appointed lawyer to turn over evidence to the DA so they can drop charges against not

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 3, 2019
Grant St Julian III's answer
You must ask this question to the attorney who you are referring to. No one in this forum can comment to the specific of any case, because we to not know the specific facts of the situation. Good luck.

Q: I rcvd a letter from DA for hot chk saying I had 10 days to pay in full. I don’t have that cash, would they accept arr.?

1 Answer | Asked in Criminal Law, Banking and Collections for Texas on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Intentionally writing a worthless check in the amount you did is a felony in most if not all states in America. Since you did not accept the bank's offer to allow partial payments toward resolving the issue, the bank pressing the charges does not have to do anything more.

Advice: Your full attention should be focused on the DA's office, which is the only entity that can keep you out of jail. Call the DA's office immediately, and arrange to meet with one of the ADAs to discuss...

Q: My ex and his girlfriend put stalking charges on me and now I have a warrant for my arrest in Texas

1 Answer | Asked in Criminal Law for Texas on
Answered on Mar 27, 2019
Kiele Linroth Pace's answer
In Texas, it is possible to commit the felony offense of Stalking if, ON MORE THAN ONE OCCASION, you:

1. Send a message containing an obscene comment, request, suggestion, or proposal that is intended to harass, annoy, alarm, abuse, torment, or embarrass someone.

2. Send a message containing a threat to hurt someone or to illegally damage someone's property.

3. Send a message containing a false report that someone has died or been seriously injured in a manner...

Q: Can a police Officer make report and file charges without talking the accused?

1 Answer | Asked in Criminal Law for Texas on
Answered on Mar 27, 2019
Kiele Linroth Pace's answer
A peace officer can develop probable cause for arrest without communicating with the suspect.

In some jurisdictions the officer's affidavit in support of the warrant is publicly available in the clerk's office not long after the warrant is signed. However, state law only requires it to be public after the arrest.

Q: Is there a statute of limitations on a stalking warrant?

1 Answer | Asked in Criminal Law for Texas on
Answered on Mar 27, 2019
Kiele Linroth Pace's answer
No, a felony arrest warrant issued by a Texas court doesn't automatically expire or become invalid after a fixed period of time.

The statute of limitations is a deadline for formal charges. In the case of Stalking, a Texas Grand Jury must indict the case within three years from the last incident.

Q: when is it possible to get a restraining order?

1 Answer | Asked in Criminal Law for Texas on
Answered on Mar 27, 2019
Kiele Linroth Pace's answer
A restraining order may be issued in a civil case, but it expires when the case ends. For example, in a divorce case, a judge may order both people not to sell off assets that they own jointly until a fair division is decided by the court.

A lot of people use the term "restraining order" when they mean Protective Order. You can apply for a Family Violence Protective Order against a former dating partner when you were the victim of domestic violence and there is a real risk that you...

Q: Ex gf relatives blocked smashed my rear driver side passenger window while I was in the vehicle can I press charges?

1 Answer | Asked in Criminal Law for Texas on
Answered on Mar 26, 2019
Kiele Linroth Pace's answer
You could contact law enforcement, report the crime, and ask them to investigate. They will decide whether or not to pursue criminal charges. If law enforcement decides initiate a case, it will be "The State of Texas vs. Defendant" rather than "Alleged Victim vs. Defendant."

In a criminal case, the term "pressing charges" basically means the alleged victim's decision to cooperate with the investigators and prosecutors.

Q: Texas drug possession laws. Are both people required by law to be brought before grand jury and both stand trial?

2 Answers | Asked in Criminal Law for Texas on
Answered on Mar 26, 2019
Grant St Julian III's answer
It is within the discretion of the District Attorney regarding who to charge and what charges to present to a Grand Jury.

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