Texas Criminal Law Questions & Answers

Q: What do I do if I can’t afford an attorney

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 22, 2019
Kiele Linroth Pace's answer
Most counties in Texas don't have a formal Public Defender's Office, but they should have SOME method for assigning Court Appointed Attorneys to indigent defendants. You may be required to fill out some sort of application listing income and expenses and they may not agree about how much you can (or can not) actually afford.

Q: What do I do if I can’t afford a lawyer and the judge said they don’t have a public defender

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 22, 2019
Grant St Julian III's answer
What degree of offense are you charged with? There is no right to counsel on class c misdemeanors, so if you cannot afford an attorney regarding a citation, you must represent yourself. If you are charged with a higher level offense, you may request the court appoint an attorney to represent you.

Q: I got my cousin pregnant when I was 17 but turned 18 while she was pregnant she is 15 can I go to jail for this

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Texas on
Answered on Feb 21, 2019
Roy Lee Warren's answer
Yes, you could go to jail because having sex with a minor is against the law. However when the participants ages are not greater than 3 years apart the is an affirmative defense (meaning you must assert the defense or it is waived) known as the "Romeo and Juliet" law that can be a defense for you. Good luck and I hope it all works out for you.

Q: How to get my money back seized by DFW Airport Police.

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Texas on
Answered on Feb 21, 2019
Grant St Julian III's answer
Were any criminal charges filed? Were you given any paperwork? Any notice to appear ANYWHERE? Any notice of seizure? Call your lawyer. Good luck.

Q: If I have 18 months jail credit on 1 case and 8 months credit on 2nd case do I receive jail credit on both cases

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 21, 2019
Roy Lee Warren's answer
If your cases are in Louisiana you need to ask your question there because +your case is under state law an states can differ. But in Texas, yes, generally credit is given on both but only if you have been charged for the offense already. You do not get credit for time served on the second offense if you have not even been charged yet.

Q: CAN I BE ARRESTED FOR NO LICENSE PLATE, NO INSPECTION STICKER AND DEFECTIVE EQUIPMENT IN TEXAS OR LOUISIANA?

2 Answers | Asked in Criminal Law and Employment Law for Texas on
Answered on Feb 21, 2019
Grant St Julian III's answer
A warrant is basically an order from a court instructing law enforcement to take a person into custody. A warrant for a ticket is the same as a warrant for murder, so yes, you can be arrested for the offenses listed if warrants are issued. Call an attorney in the county where the cases are pending. Good luck.

Q: Tx criminal procedure Sec 1 Art. 12.02 on misdemeanors does indictment to be presented within 2 years still apply?

2 Answers | Asked in Criminal Law for Texas on
Answered on Feb 21, 2019
Grant St Julian III's answer
The charging instrument for misdemeanor cases (the information/complaint) must be filed with the court within 2 years from the date of the alleged offense. Once the case is filed and is a warrant is subsequently issued, the case can remain pending indefinitely. Talk with an attorney in the county where the warrants are pending to see what can be done about posting a bond. Good luck.

Q: Can I file charges against boyfriend stole my debit and took money multiple times totaling 2800?

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 20, 2019
Grant St Julian III's answer
If you wish to file criminal charges, contact the police and file an incident report. If you wish to resolve the matter through your boyfriend's parents, you may do so, but I suggest you do not try to tie one avenue with the other.

Q: If I was bonded out with cash and I plead guilty do I go to jail?

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 20, 2019
Grant St Julian III's answer
Did you enter into a plea bargain agreement with the State? Did you have an attorney? When did you enter the plea? Talk with your lawyer. Good luck.

Q: So if its stilen they cant keep it huh. Toggle me around anymore???

1 Answer | Asked in Contracts, Criminal Law, Employment Law and Personal Injury for Texas on
Answered on Feb 20, 2019
Grant St Julian III's answer
I am not exactly sure of your question. Call an attorney in your area.

Q: Can I own a gun or handle a gun if I plead guilty to battery 10 years ago

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 18, 2019
Kiele Linroth Pace's answer
Maybe if it was a misdemeanor and the alleged victim was a stranger.

There was not a crime named "Battery" in Texas 10 years ago. In Texas it would be named "Assault" and there are both misdemeanor and felony versions.

Federal law says you may not EVER possess a firearm or ammunition if the case involved domestic violence. You lose your second amendment rights upon conviction of any offense, even a misdemeanor, that "has, as an element, the use or attempted use of physical...

Q: I lost my va benefits due to their saying that I'm a fugitive felon I violated my probation 20 years ago I was on two

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 16, 2019
Grant St Julian III's answer
Your situation is too fact specific to give a proper answer in this forum. You need an attorney to discover what exactly happened in your cases. Start calling around.

Q: I've messed up my parole and I have 6 months left....if I'm not caught within this time...and I turn myself in after the

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 15, 2019
Kiele Linroth Pace's answer
If a parolee could really just stop reporting and run out the clock, why would anyone ever report?

When you get caught or turn yourself in, you will spend some time in county waiting for a parole revocation hearing. If you are revoked at the hearing then you'll probably be headed to prison WITHOUT ANY CREDIT for the time since the blue warrant issued, and maybe some new charges on top of that. The longer you wait to deal with it, the greater the chance you'll be revoked. Life is hard...

Q: Im doing a 3 yrs sentence on parole in Houston TEx...I have 6 months left..can I out run parole

2 Answers | Asked in Criminal Law for Texas on
Answered on Feb 15, 2019
Kiele Linroth Pace's answer
I'm not 100% clear on your meaning of "can I out run parole" but if you are considering halting communication with your parole officer and simply going AWOL, I hope you reconsider. Why sabotage yourself now with only 6 months remaining?

Do you really believe they'll say, "oh well, two and a half years is close enough" and simply let it go?

Q: How much notice is required for a judge to be recused or recuse himself before a bench trial?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on Feb 15, 2019
Roy Lee Warren's answer
My favorite answer, it depends. I am kidding, I hate saying that. But you can object the day of trial if that is when you discover a disqualifying connection. But generally it is best to file a motion in accordance with the local rules in your County that is applicable to motions for defendants. Go to the County website and check its local rules. Good luck.

Q: Can the officer arrest a person with just a search warrant?

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 14, 2019
Kiele Linroth Pace's answer
A peace officer may arrest you for ANY offense committed in his presence or within his view. There are many other situations where no arrest warrant is required. See chapter 14 of the Texas Code of Criminal Procedure for details.

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm

As for entering a different address to search, the legality of such a search would depend on multiple factors that should be discussed privately with your criminal defense attorney, rather than...

Q: If I’m on parole and was arrested, but out on bond, how long does the court have to indict me in Texas? ?

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 14, 2019
Kiele Linroth Pace's answer
He should consult his criminal defense attorney. Maybe he hopes to get closer to 1 year and then move for a Speedy Trial. Or maybe there is an assumption that he will be ultimately be convicted, but that time served in jail will count toward his time in the pen but be easier time to do. Trying to force indictment by motioning for an examining trial is not always the best idea.

Q: Who do I go to if someone was put on probation by mistake or misunderstanding

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 14, 2019
Kiele Linroth Pace's answer
It is 100 times easier to fight for your innocence BEFORE you are convicted or enter a plea agreement. Trying to undo a conviction after-the-fact is always an expensive long-shot, and it usually fails. Your son wouldn't even be on probation unless he entered a plea of guilty* or he was convicted at trial... and if it was a plea he might have waived his right to appeal.

If he has been on straight probation for more than a few weeks then it is probably too late to file a Motion for New...

Q: Will the District Attorney take this case

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 14, 2019
Kiele Linroth Pace's answer
Depending on the AMOUNT of grout poured into the sewer line, there might be a basis to charge him for Criminal Mischief... on the assumption that a professional contractor should know better.

Your chances of a Criminal Mischief might be better if the contractor advertises his competency with projects involving grout, concrete, and/or plumbing. The level of the offense is based on the dollar amount of damage and the prosecution must prove that amount beyond a reasonable doubt. This...

Q: What is the law regaurding witness testimony when the witness admitts to being on and using drugs?

3 Answers | Asked in Criminal Law, Constitutional Law and Construction Law for Texas on
Answered on Feb 12, 2019
Gary Kollin's answer
It will be one of the factors the jury will considered when evaluating the credibility of the witness’ testimony

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