Texas Criminal Law Questions & Answers

Q: Can a prior off my record charge when I was in foster care enhance current charge? Both same charge just 8 years apart

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Feb 27, 2019
Kiele Linroth Pace's answer
I'm assuming the charge was Assault since this question is marked "domestic violence" and Assault is one where the level of the offense can be raised by a previous conviction. For example, the offense named "Assault Causing Bodily Injury - Family Violence" is a class A misdemeanor punishable by a maximum sentence of 1 year in county jail or 2 years probation. However, if the defendant has a previous conviction it can be filed as a third degree felony, punishable by up to 10 years in the...

Q: What are my chances of using multiple pieces of documented evidence & confession to have my case dismissed?

2 Answers | Asked in Criminal Law for Texas on
Answered on Feb 27, 2019
Grant St Julian III's answer
What evidence does the State have? Get with your attorney; it is questionable if the recorded phone call can be introduced into evidence at trial. Good luck.

Q: If my daughters father of her child is 18 and she is 15 can he be charged with anything?

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 26, 2019
Grant St Julian III's answer
Sexual contact between an 18 year old and a 15 year old is illegal. See Texas Penal Code Section 21.11 - Indecency with a Child, Section 22.011 - Sexual Assault, & Section 43.25 Performance by a Child.

Q: If arrested and charged with UUMV but a demand letter was never sent will that charge get dropped?

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 25, 2019
Grant St Julian III's answer
What you describe will not automatically cause criminal charges to be dismissed. Call your lawyer. Good luck.

Q: Can I be charged with possession of dangerous drug for having my bf prescription unopened in my car when he was with me

2 Answers | Asked in Criminal Law for Texas on
Answered on Feb 25, 2019
Roy Lee Warren's answer
Probably, you can be charged but the real issue is whether you can be convicted, I do not believe so based on the facts you have presented. If the medication was your bf and he was in the car...

Q: How can I get the attention of the Harris County DA when the Humblepolice department won’t file charges against someone

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 22, 2019
Kiele Linroth Pace's answer
You can't really force the police to do anything. If taking it to the prosecutors doesn't work, you could try the Constable's office. The county is split up into multiple precincts so look up the address where the violation occurred and contact the corresponding Constable. If you suspect crimes committed by an elected official or the police themselves then contact the Texas Rangers.

Q: I lied on a police report what can I do to take it back

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 22, 2019
Kiele Linroth Pace's answer
You can't really "take it back" but you can tell them you lied. Be aware that, in a domestic violence case, they are likely to believe that you are lying about lying and that your first statement was true. Still, if you lied you need to come clean. It is possible that you might be charged with a crime for making a false report but that is not as bad as letting someone else be punished for something they didn't do.

Q: If an alleged crime happens in 1 county can a separate county charge

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 22, 2019
Kiele Linroth Pace's answer
There is a concept called "constructive possession" that will blow your mind. Basically, it means that you an be in possession even when somebody else actually HAS the contraband and that multiple people can be "in possession" of the same contraband.

To get from Houston County to Smith County by car you are probably going to drive through Cherokee County or Anderson County and you would be committing the crime in those counties too. Also, having two or more people involved could be...

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.

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