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Texas Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Texas on

Q: I went jail for 17 hours. My pup was left with my BF. I got out and now he wont tell me where she is. Can I press charge

The cops confirmed with him that he would take her until I got out. Now I'm out and xant find her . He said he dropped her off at barc but I've looked at all shelters and she isn't there. Now he says my dog is gone but wont clarify. She was 7 and half week old puppy . I have the vet bill for.her... Read more »

Roy Lee Warren answered on Apr 30, 2019

I appreciate your question. It can be very hard on some people when pets are mistreated, taken or lost.

He could be prosecuted for theft of property (your pet is considered property) but more than likely the prosecution would be unwilling to try to prove that unless you have some proof...
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1 Answer | Asked in Criminal Law for Texas on

Q: I need copies of the victim statements that were used against me in a conviction for attempted indecency with a child.

The conviction was in 2000. The state refuses to give me copies under the public information act.

Roy Lee Warren answered on Apr 29, 2019

Thanks for your question. Unfortunately the State Var has sided with the prosecution when it comes to providing statements to defendants. Under the Texas Ethical Rules of Conduct for lawyers the prosecution is allowed to demand that defense lawyers NOT give copies of statements the state provides.... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Texas on

Q: My dad is being detained and charged with reentry and is a federal case now.Is there anything that anybody can do ?

Jose M. Rocha answered on Apr 28, 2019

You should seek advise from an attorney familiar with reentry cases in federal court and immigration law. A reentry case in federal court depends on many factors to resolve, and to adequately advise you on whether anything that anybody can do to help your father. However, it is important to... Read more »

1 Answer | Asked in Criminal Law, Banking and Social Security for Texas on

Q: PayPal card/account stolen and charged someone's Social security debit card. What will happen legally?

My friend's PayPal debit card was stolen and her account hacked. She's is being blamed for charging this lady's card by social security. The lady that has her card used gets disability. My friend didn't do it but has no way to prove she didn't do it. They said they are putting a warrant out for... Read more »

Kiele Linroth Pace answered on Apr 28, 2019

Fortunately, she doesn't have to PROVE it wasn't her. The prosecutor has the burden to prove it WAS her. Your friend needs reasonable doubt that it could have been someone else... that she too was a victim of identity theft. Unfortunately, she is starting from a difficult position if she didn't... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: What can I do about my new charge for possession of a controlled substance?

I was arrested at the department of Health and Human services in the parking lot, for an warrant that was issued the same day for an assault charge. I locked the doors of my friends car and I never had the keys. I was arrested and taken to jail in like 3 minutes. They searched the car with out my... Read more »

Kiele Linroth Pace answered on Apr 28, 2019

CPS plays by different rules than the criminal courts. There is an entire sub-specialty of attorneys that focus on CPS cases. Many of those are Family Law attorneys that gravitated to CPS cases via divorce and SAPCR (child custody) cases.

The practice areas are so different that you are...
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1 Answer | Asked in Criminal Law for Texas on

Q: I was arrested for assult warrant and a few hours later the tow company said they found drugs in the car. What can I do?

I was surounded at my CPS office for an assult warrant that I defended myself on and a male officer searched me and took me to jail in under 5 minutes. I locked the car and never had the keys. A few hrs later the cops told me that they found drugs and I was being charged with it. They said that the... Read more »

Kiele Linroth Pace answered on Apr 25, 2019

The police should conduct an inventory search before the impound lot takes possession of it. If the stolen items were inventoried then they were taken while the car was on the lot. Investigating who had access to the car (and when) might reveal a chain of custody problem or it might be a wild... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: My 17yr neiece started a fight with me and pressed charges on me. What can I do when she stated it?

At my brother's home my neiece pushed me in to a TV and swong at me 3 times before I started to defend myself. Now CPS is using it against me and I was just defending myself.

Kiele Linroth Pace answered on Apr 25, 2019

When you are the victim of an unlawful use of force, you may (or may not) have a right to use force in self defense, depending on the circumstances. (Penal Code 9.31) In some situations, your niece's use of force against you in her home may have been lawful. For example, if you entered or... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: I was convicted of attempted sexual assault of an adult female and I discharged that in 2002. I was recently released

Prison May1 2018. I don’t have to register. But the parole board has me going to SO counseling. I’m on parole for aggravated robbery. Why am I going to these classes.

Roy Lee Warren answered on Apr 24, 2019

Thanks for your question. I have had clients faced with a similar problem. Some parole officers may not know the law on what you are required to do. Look to your release documents to determine whether it was part of your release. If it was not ask RESPECTFULLY your PO where it is documented that... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: I was arrested for Artical 17.292(a) I was ordered to stay 500’ from my fiancé home or place of employment for 61 days

I was made threatening comments to her. We are able to be with each other anytime other then at her home or place of employment. It was a class c misdemeanor.

My fiancé wants to remove the 61 day restriction. So I can go to her home. How does she go about getting this removed?

Roy Lee Warren answered on Apr 24, 2019

THANKS FOR YOUR QUESTION. Please do not otherwise meet with her. It would be a violation of the TRO or you could be prosecuted for tampering with a witness. She must go to the DA's office in the county where the case was filed to file an affidavit of non-prosecution. It is up to the DA whether the... Read more »

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1 Answer | Asked in Criminal Law and Sexual Harassment for Texas on

Q: If an arrest report cannot be produced from 2010 from the arresting Department what can i do to recover or see that one

Bruce Alexander Minnick answered on Apr 24, 2019

Unless someone made a copy before the original disappeared, you are probably out of luck.

2 Answers | Asked in Criminal Law and Family Law for Texas on

Q: Can 1999mg of meth kill a 9 year old child? Because cps removed my kids nov,26,2018 from school . And has not let me see

They also put my youngest in a crazy house and failed to tell me anything until 3 days later

Kiele Linroth Pace answered on Apr 23, 2019

That is more than enough to kill an adult, especially an adult with no tolerance.

A blood concentration of between 1 and 4 milligrams of methamphetamine per deciliter of blood is considered lethal. A child over age 5 has about 4.5 liters of blood, which converts to 45 deciliters. So the...
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2 Answers | Asked in Criminal Law for Texas on

Q: My fiancé has been in jail since November he will have time served for misdemeanor but still doesn’t have a court date

For fel pos

F. Edward (Ed) Brown answered on Apr 22, 2019

He will be given time served for any misdemeanor 's hold in Bell County once the felony is completed.

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2 Answers | Asked in Criminal Law for Texas on

Q: I was charged with a felony in texas after I was charged the law changed to a misdemeanor

So I'm wondering if I can have my charge changed to a misdemeanor or have it expunged

Grant St Julian III answered on Apr 19, 2019

The final disposition of a case determines if it can be expunged. The fact the law has changed has no effect on your situation. Good luck.

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1 Answer | Asked in Criminal Law for Texas on

Q: Incarcerated for a 2nd MTR on deferred probation due to non payment is it possible he get reinstated

He has a good job waiting he got a letter while in jail at the moment from district clerk saying upon his release he must pay the full amount or go to office and set up payment plan could this mean something good.

Roy Lee Warren answered on Apr 16, 2019

Thanks for your question.

I would not read too much into the letter from the clerk's office. It has been my experience those are routinely sent out. Also be aware that the clerk's office has been known to threaten revocation of the Defendant's driver's license if the payments are not made....
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1 Answer | Asked in Criminal Law for Texas on

Q: Can you accept a plea deal between pretrial and trial?

Is it possible to accept a plea agreement from the prosecutor between the pretrial and trial date? Or if you don’t accept it, is that it?

I have a pretrial tomorrow and have been offered a plea agreement, but due to financial reasons am not able to accept it yet, so would I be able to... Read more »

Kiele Linroth Pace answered on Apr 16, 2019

The prosecutor's offer is valid until the prosecutor decides it isn't.

Talk to your criminal defense attorney about requesting a continuance so you can get the money. Chances are decent that the judge is not interesting in bringing in a bunch of potential jurors only to tell them,...
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4 Answers | Asked in Criminal Law for Texas on

Q: I was called by the sheriffs office asking me to come in to answer some questions as a suspect. What do I do?

He told me it was probably nothing and there is no arrest warrant.

Gary Kollin answered on Apr 16, 2019

If it were nothing, why couldn’t he ask the questions over the phone?

Don’t talk to him and do not go there without speaking to a lawyer. Tell them you want a lawyer if detained.

And stop talking to your friends about this. They are not lawyers and are not bound to confidentiality

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: My wife was raped and abused by her adopted brother from 12 to 14. Now 32, can she press charges in Texas

She is currently 32. This occurred in Texas around 98-99 and she wound up pregnant and gave birth to a son. She is wondering if there is any way after all these years she could have charges filed to try to get some justice. Years of therapy has now suggested that she try to pursue this avenue to... Read more »

Grant St Julian III answered on Apr 15, 2019

She may contact law enforcement in the county where the events occurred. Good luck.

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1 Answer | Asked in Criminal Law for Texas on

Q: I was arrested and threatening by officers to consent to them searching my vehicle and was charged with a felony.

And I’m a Uber and Lyft Driver

A lawyer in Monroe Louisiana says this isn’t a law it’s b/s wouldn’t t hold up in court ?

Louisiana licensing requirements clearly reads. LA REV STAT 40:973 licensing requirements..B. The following person shall not be required to obtain a... Read more »

Kiele Linroth Pace answered on Apr 15, 2019

If this is a question about Texas then the Louisiana law is irrelevant.

If this is a question about Louisiana then it shouldn't be posted in a Texas forum.

4 Answers | Asked in Criminal Law for Texas on

Q: I have a pending theft charge that has been enhanced to a felony. Is there a chance that I could get them

I want them to plea bargain down to misdeamenor. It was enhanced due to prior Theft by check charges from about 15 years ago. I was at Walmart and did the self check out and forgot to ring up $103 worth of merchandise which it was a total accident. I paid over $200 and thought I had rang up... Read more »

F. Edward (Ed) Brown answered on Apr 15, 2019

Information is too vague. More details would be helpful.

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1 Answer | Asked in Criminal Law for Texas on

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

I hit him in the arm and he called the police. He took off and left me there with the police. He didn't press charges and said he doesn't know why he did that but to scare me. Now I received notice for a court date for an assault charge. What happens now?

Kiele Linroth Pace answered on Apr 14, 2019

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...
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