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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Constitutional Law for Texas on
Q: Can gaslighting a person with a mental health history of schizophrenia bipolar depression become against the law ?

I know it is when money is involved. But bottom line wrong and agents the conversational Rights of the people with a past history of mental health?

James L. Arrasmith
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answered on Nov 28, 2023

Gaslighting, which involves manipulating someone into questioning their reality, can be particularly harmful to individuals with mental health conditions like schizophrenia or bipolar depression. While gaslighting in itself is not specifically outlawed, its effects could fall under broader legal... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What lawyer do I need for violation of my fourth amendment unlawful search at Wal-Mart

Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More

James L. Arrasmith
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answered on Nov 28, 2023

Based on the details provided, this appears to be a potential violation of your Fourth Amendment rights protecting against unreasonable searches and seizures. A few key points:

• Loss prevention personnel and police cannot simply demand to search personal belongings without consent or...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What lawyer do I need for violation of my fourth amendment unlawful search at Wal-Mart

Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

The shopkeepers' privilege expressly grants an employee the authority of law to detain a customer to investigate the ownership of property in a reasonable manner and for a reasonable period of time if the employee has a reasonable belief that the customer has stolen or is attempting to steal... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: I’m located in Texas. A family member was just charged with first degree felony Arson. Who’s much time is he looking at?
T. Augustus Claus
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answered on Nov 21, 2023

In Texas, first-degree arson is a serious crime that can be punished by life in prison or a term of 5 to 99 years in prison. The specific sentence that your family member will receive will depend on the facts of their case, including the severity of the damage caused by the fire and whether anyone... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I have been out on a pr bond for right at 13 months now . My charge was on 6/28/22 . I wasn’t indicted until 9/6/23

I thought I was suppose to be indicted within 180 days after I was out on bond

Grant St Julian III
Grant St Julian III
answered on Nov 20, 2023

The statute of limitations for misdemeanor cases in Texas is two years from the date of the alleged offense. For felonies it varies due to the offense but the minimum is three years. If you are in jail for 180 days, however, and no indictment is filed, you can get a personal recognizance bond to... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Can a person have a dfz enhancement added to a charge when schools were closed due to covid-19?
John Michael Frick
John Michael Frick
answered on Nov 22, 2023

It depends on the particular facts. If the offense occurred inside a private residence located within a drug-free zone, but the schools were closed due to COVID, you may have a defense under the dfz statute. But, if the offense occurred on the school campus or in a public area within the... View More

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1 Answer | Asked in Contracts, Landlord - Tenant, Criminal Law and Identity Theft for Texas on
Q: Apartment Leasing Question

When it comes to signing a lease with three roommates and one of them wants to use their father that has the same name as their father for the credit report check. What’s the minimum and maximum offense for that?

T. Augustus Claus
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answered on Nov 15, 2023

Using another person's identity to pass a credit check is considered identity theft, a serious crime in Texas. The penalties for identity theft vary depending on the severity of the offense, but they can range from a Class C misdemeanor to a first-degree felony.

Here is a breakdown of...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: I am a victim in a sexual assault case in Texas. Cops have had my phone 3 days, how do I get it back??

The police didn't have a warrant for my phone. I was supposed to get my phone back the next day, its been 3 and nobody i've talked to knows where my phone is or where I can go to find it. Can the police legally keep my phone as long as they want or do I have the right to get my phone back?

James L. Arrasmith
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answered on Nov 13, 2023

In Texas, as a victim in a sexual assault case, you have certain rights regarding your personal property, including your phone. If the police took your phone without a warrant, they may still keep it temporarily if it's considered evidence or relevant to the investigation.

However,...
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1 Answer | Asked in Criminal Law for Texas on
Q: I have a warrant for exploitation of a child / elderly what does that mean in Texas ?

I never touched either of these boys and they will swear to the police that I did not.

John Cucci Jr.
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answered on Nov 13, 2023

Do NOT talk to the police without a lawyer. Even if you think you have great proof that you are innocent, they will lie to you and get you talking, etc.

Call a good lawyer and admit nothing. The boys may have made statements to CPS already. Invoke your right to an attorney.

If the...
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1 Answer | Asked in Criminal Law for Texas on
Q: Hello, 2006 I finished up everything on a felloney asult and Battery. Question: can I buy a hunting shot gun tx or n.m.

I live in el paso texas now but am thinking about moving to New Mexico

John Cucci Jr.
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answered on Nov 12, 2023

Once you have been convicted of a Felony, you lose your gun rights.

You can recover your ability to possess a gun if you receive an Expungement or a Relief from Civil Disabilities from the court.

The only other way you can recover your right to possess a gun is to ask your county...
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1 Answer | Asked in Native American Law and Criminal Law for Texas on
Q: I was arrested by a non tribal officer on tribal land and I am a member of the Cherokee nation and reside on reservation

They took me to jail and declined to file charges after arrest ing me and detaining ke I have lost my job over it my wife almost left me it’s caused me aloynof unnecessary problems but they had no justisiction

James L. Arrasmith
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answered on Nov 7, 2023

If you were arrested by a non-tribal officer on tribal land and are a member of the Cherokee Nation, there may have been a jurisdictional overstep, depending on the specific circumstances. Tribal sovereignty and federal law generally govern criminal jurisdiction on tribal land, not state... View More

2 Answers | Asked in Criminal Law for Texas on
Q: i have been charged with x felon with a gun. In Montgomery County, Texas. I have no money or car...

In the county above. You are charged probation fees. You are also charged for drug test days after getting bonded out. What do i do if i cannot afford to do any of it?

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Oct 31, 2023

First, you should consult the criminal defense attorney that handled your case. If you cannot afford probation fees, you should notify your probation officer in writing of your inability to afford to pay probation fees and submit a Statement of Inability to Afford Court Costs to your probation... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: I am a retail store owner in San Antonio. I had a belligerent customer who I had to tell to leave my store.

I am a retail store owner in San Antonio. I had a belligerent customer and someone we suspected was stealing who I had to tell to leave my store citing trespass. He would not leave. I grabbed his arm and started to push him out of my store.

He started screaming that I was assaulting him.... View More

John Cucci Jr.
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answered on Oct 28, 2023

DO NOT TALK TO THE POLICE ANYMORE

You have been placed in an untenable situation and if you touched him (screaming man) in a non-harmful manner, as part of your effort to escort him out the door, I believe you have not acted unlawfully. The problem is that the details surrounding your issue...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Why would a DA offer time served on a POSS CS PG 1/1-B >=4G<200G On his first plea offer when defendant served 4 hrs

Bonded out in 4 hrs and feel defendants 4th amendment rights were violated

.

T. Augustus Claus
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answered on Oct 27, 2023

The decision by a District Attorney (DA) to offer time served on a charge of drug possession, especially on a first plea offer, can stem from various factors. These might include the nature of the case, the strength of evidence, the defendant's background, and potentially even the... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Why would the toxicology report be taking longer than two years?
T. Augustus Claus
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answered on Oct 26, 2023

Toxicology reports typically should not take longer than two years to be completed. If you're experiencing significant delays in receiving a toxicology report, several factors may be contributing to the delay. It's essential to follow up with the relevant authorities or agencies involved... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: If I surrender in court for a warrant on theft case and get a bail , will it go on my record ?

I used to rent a business space and when I left the landlord put a theft of property case on me , issued a warrant.

T. Augustus Claus
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answered on Oct 25, 2023

Surrendering in court for a warrant related to a theft case and receiving bail will likely result in this event being recorded on your criminal record. Even if the case doesn't lead to a conviction, the record will show the arrest and charges. It's crucial to understand that being charged... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can a officer use a digital scale that he took off another individual and weighs something that he found in my car with

Just wanna know is it legal for an officer to use a item that was found in my on an other person in use it against me

T. Augustus Claus
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answered on Oct 24, 2023

The legality of an officer using a digital scale taken from another individual as evidence in your car depends on factors such as the lawfulness of the search, the chain of custody of the evidence, and compliance with your Fourth Amendment rights. If the officer conducted a lawful search of your... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Texas on
Q: What is the statute of limitations to file a case for felony drug possession in Tarrant County Texas?
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answered on Oct 23, 2023

In Tarrant County, Texas, the statute of limitations for filing a case for felony drug possession typically depends on the specific level of the felony. Generally, the statute of limitations for most felony drug possession cases is three years. However, it's crucial to note that the statute of... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: This is so confusing , I was 100% not doing anything wrong and the next thing you know it I had 2 unlawful arrest

So left the job site went to work 3 employees with me , after the job we did I dropped off one guy at home than drove to my bosses and we pulled up and got out the vehicle and a police officer parked behind us out of no where I guess my co worker had a warrant and took off running the officer... View More

James L. Arrasmith
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answered on Oct 15, 2023

It sounds like you've been through a challenging situation. In matters involving unlawful arrest, it's critical to ensure that your rights are protected. To navigate this, you should retain an attorney experienced in criminal defense or civil rights. Document all details of the event,... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: ipoted bail on felony andfiled motion forexaminingtrial hearing before indictment andcourt returned no actiontaken

does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)... View More

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answered on Oct 15, 2023

Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More

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