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Texas Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: Can a court appointed attorney sign for me a motion to substitute attorney of record for the defendant without consent?

Never met with court appointed attorney

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

Yes.

Once a substitute attorney is either hired or appointed, the attorney can sign pleadings on your behalf.

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: Does the state have to file a motion to reindict under a new cause and if so, which action comes first?

If a case was dismissed can a person be reindicted for the same case? And if so, what is the process regarding motions and cause numbers, which comes first the motion to indict or the cause number, can a motion be filed after the indictment or before?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 16, 2022

Yes, it would be a new cause number and they can try to indict, You could prepare a grand jury packet so retain a lawyer,

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I’m writing a book about a hacker exposing a corrupt corporation. Can the hacked info be used to prosecute?

I want to know if someone can be arrested, tried and convicted based on information leaked from a third party? I’m doing some research for a book I want to write that revolves around hacking a corrupt corporation and have the information leaked. It wouldn’t be government related so there... View More

John Cucci Jr.
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answered on Dec 11, 2022

No matter how you expose criminal activity, there will be consequences.

Be careful!

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Comments on the next court date says CW Contact/Interview? What could this possibly mean?

This is the fourt court date within a months time frame.

Grant St Julian III
Grant St Julian III
answered on Dec 5, 2022

The DA has to speak with the Complaining Witness (victim) in the case before a plea offer can be made.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If I complete probation on a assault charge bringing it down to a misdemeanor can I buy a gun since I’m not a felon
Penny Wymyczak-White
Penny Wymyczak-White
answered on Oct 4, 2022

If there is a finding of domestic violence you can't buy a gun.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If I have a assault charge but completed deferred adjudication making it into a misdemeanor will I pass a background

I completed probation and also wanna know if I can get that charge expunged

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Oct 4, 2022

No. You only can get a charge expunged if it was dismissed without probation / deferred adjudication supervision, or, you were found not guilty at trial.

However, you might qualify for an order of nondisclosure - sealing the offense from public disclosure. Some offenses require a waiting...
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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and White Collar Crime for Texas on
Q: How can I get a transcript of court proceedings in 1991 in Bell County Tx.? Also a copy of conviction in it's entirety i
Stephen A. Nicholas
Stephen A. Nicholas
answered on Sep 25, 2022

To obtain a transcript, contact the court reporter if the court in which the case was heard. That would be the starting point for the transcript. 31 years is a long time to retain a transcript, depending on the type of case & what happened in the case (appeals, etc.). A copy of the conviction,... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: My niece is on parole and claimed this as her residence when released how do I remove her from my home

I didn't give my niece permission to live here and now I've got problems with her behavior parole board is coming to search premises because I've complained about her being here. I'm not equipped to care for financially or otherwise to have her here shes aggressive, difficult,... View More

John Cucci Jr.
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answered on Sep 24, 2022

Unfortunately, if she has been staying there for over 30 days, you will have to evict her or make a claim that she is violating her parole conditions. If you do the latter (Parole Vio.), she will go back to prison.

Maybe you should tell her she had better find a new place, or face a...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If I bought a gun and it was stolen but not reported, what are the risks? What are the solutions for legal trouble?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Sep 14, 2022

You can be arrested for possession of stolen property

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: What are the steps to take for complaint of ineffective council?

My LO was sentenced to 20 years for drug charges, 841 A & B and is ccurrently serving time in FCI Berlin, NH. He says he was inadequatly represented by his lawyer due to the prosecutor making aquistions that the defense lawyer was also involved with him in dealing drugs and that instead of... View More

John Cucci Jr.
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answered on Aug 23, 2022

I had trouble understanding some of your question and what LO means.

The basic standard for making a claim that your attorney was ineffective is explained in the Strickland vs. Washington, decision of the US Supreme Court. It has also been recognized as the law in Texas and every other...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If ur released from federal facility and taken back to county jail does that mean he has done all his federal time

He was at the Karnes facility and is now back in bexar county jail

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2022

When you are released from a Federal Prison, you are given paperwork from the marshalls that states whether or not you have completed your sentence. If they moved him back to the County jail, it may be to face new charges on a different matter in State court. Either way, there should be transfer... View More

2 Answers | Asked in Criminal Law, Divorce and Federal Crimes for Texas on
Q: I hired a lawyer for my sons case last week. My son had court yesterday and the attorney didnt show. He has a trial set

For monday. Whats gonna happen if he doesnt show up again for the court

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Aug 3, 2022

The judge will likely reset the trial date if your attorney does not appear especially without knowing the reason why. Try to contact your lawyer and inform him of the trial date.

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1 Answer | Asked in Federal Crimes and Juvenile Law for Texas on
Q: Is it illegal for a drug dealer to sell their client laced drugs without telling them that they are laced?

I’m a 15y.o. girl. Some of my friends are involved in drug use and have told me that their drugs seemed to have been laced with other dangerous drugs. I’m not too familiar with drugs considering I do not use them (and do not want to.) From these stories I have become concerned about their... View More

Grant St Julian III
Grant St Julian III
answered on Jul 20, 2022

It is illegal for drug dealers to sell anyone drugs, laced or not.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I was convicted of a non violent felony possession charge in Texas in 2017. How can i get my gun rights back?

I was not driving and it was not my vehicle. When the officer asked the driver to step out of the vehicle the substance fell onto the road from the driver side floorboard. We were both charged even though I told the officer it was not mine and no paraphernalia or any other incriminating evidence... View More

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 16, 2022

With a felony conviction, you won't be "getting your gun rights back," unless the conviction is pardoned by the governor. It is highly unusual and difficult to obtain a pardon.

In Texas, a felon can legally have a firearm where they live (and nowhere else) 5 yrs after release...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If a 21 turning 22 year old attacks 17 year old and the 17 year old shoots him in foot with gun mom gave him to get away

Ok what if it premedatated the 21 year old waited till the 16 year old turned 17 to fight and the 21 threw 1st punch

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 5, 2022

You can use deadly force to defend against deadly force, or to defend yourself against becoming the victim of certain violent felonies. However, you cannot use deadly force to defend against NON-deadly force being used against you (in most circumstances). If a person is 17, they're an adult in... View More

2 Answers | Asked in Criminal Law, Civil Rights, Elder Law and Federal Crimes for Texas on
Q: “During the glory days of radio, it was illegal to mimic the voice of the US president.”

“During the glory days of radio, it was illegal to mimic the voice of the US president.” Was there actually a law prohibiting that? Or was just a White House policy and not a legal issue.

Was it law or policy?

John Cucci Jr.
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answered on Jun 26, 2022

What you are referring to is the Policy of the Government. The 1st Amendment gives you the right to mimic anyone!

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2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Federal Crimes for Texas on
Q: I just found the court case number that awarded me $5.5 million from the ins. Co that my lawyer said did not exist I

Yes I want to recover this money, I need representation. It will have to be on contingency but if recovered I would pay more to the attorney that took the case than 33% much more.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2022

If what you posted is true. You need to get a copy of the award or judgment. As it seems to be over 10 years old, there may be some time-limit issues.

If that $ is in a trust account for your deceased husband, you will need to get a court order from the surrogate's court to get it. If...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: What is the process for appealing a life sentence handed down in federal court?

There may have been ineffective counsel who failed to argue adequately for motion to sever and during the sentencing phase.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2022

There is a short time-limit for filing a Federal Appeal. What's worse, in some instances you need to file a Motion for a New trial, before seeking an appeal. There is a lot to consider. But step one is usually, file a notice of appeal with the Court Clerk and check to see if you need to file... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: what happens if you are on probation and get arrested cause interference with a 911 call is that a probation violation

Basically My ex has felony possession of a weapon got probation but then got arrested for interference with a 911 call basically stopping a 911 with his gf ? Will he get violated ?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 6, 2022

One of the most common conditions of probation is to "commit no offense against the laws of this state or of any other state or of the United States" so, if he has that condition then he may have already violated the terms of his supervision. Whether his probation is revoked because of... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Federal Crimes for Texas on
Q: I need a lawyer to talk to the D.A on my behave one Texas as I live in idiana now. I had a warrant

Jailed in Texas in 2019. Was pulled over in Indiana because I live here now for more then over a year. I sat in Marion county jail for 9 days then they let me go, Texas didn’t wanna come get me. I can’t talk to the D.A they said I have to get a lawyer in Texas to talk to them and cut me a deal... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 3, 2022

We cannot call you but you can call any lawyer on this site. Start calling lawyers and I ma sure one will be happy to call the ADA,

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