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COVID-19 Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for Texas on
Q: My father got covid in jail! Can I sue the jail? Or state?

My father test positive for Covid! 2hours after he was released from county jail! He was wearing the same mask he got booked into jail with. 18days with the same mask! I asked and requested that he get a new mask or if I could bring any in. SEVERAL TIMES!!! Was told “I’ll get him one” spoke... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

You can sue anyone for almost anything but that doesn't mean you can win. A lawsuit like this would never be a matter of Criminal Law even though it involves the administration of the county jail. This would be a matter of Civil Law and may need to include some sort of Civil Rights argument... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: is it true that you have to be inditied before able to get a speedy trial for a felony

I’ve been on bond for a year and have not been indited ..or no court date or anything, been asking my “paid attorney”for a speedy trial since day one,because of my innocence. But I do think he knows the law very well. Keep saying cuz of covid but I’m going through a divorce and I’m going... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 22, 2021

It is true that the right to a speedy trial does not attach until the case is indicted. It is also true that there is no right to a speedy indictment. However, you can usually force an indictment by demanding an Examining Trial to determine probable cause. This is only a good idea in rare... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How long does it take to get a dismissal for a misdemeanor criminal case? (Lowest possible criminal crime)

My friend was arrested in November 2020 is put on bail and has a court appointed attorney. The last thing he heard from the attorney is that it looked like it may be dropped because the plaintiff isn't responding to them. This was a month ago and the attorney also said he had 5 other cases in... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 10, 2021

Wow, complaining about a free attorney? Beggars can't be choosers. It isn't the defense attorney's decision when or if the prosecutor dismisses the case. Sure, the defense attorney can attempt to INFLUENCE the prosecutor but ultimately if you have a stubborn prosecutor sometimes... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: friend made parole release 5/21 , got caught w drugs moved to g4 , no store , no ecomm , has to Do 6mth class now aug

Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 9, 2021

Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Can you get a felony case dropped if they haven’t indicted you after 180 days of getting out of jail?

I got arrested in Waller Texas in October of 2020 and it’s almost been 180 days since I’ve been out. I had an arraignment but i read online that if I don’t have an indictment that I can fight to get my case dropped and was wondering if this was true.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

If the case is dismissed now then you will be released from the bond. However, if you are later indicted an arrest warrant will be issued because you are no longer on bond. The state has up to 3 years to indict you for most felonies so should be sure that the prosecutors don't want the case... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Texas on
Q: How can I get my money back from a lawyer I feel has done nothing since hiring him half a year ago?

I paid $3000 to a lawyer who assured me of good things. My husband even denied a plea bargain with the state because this lawyer said he would and he can get a better one. But now he never answers and the state wants my husband to do even more time now. He now even has warrants that he didn't... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 7, 2021

An attorney has an obligation to respond to his or her client, which in this case is your husband. Even if you were the one who originally retained the attorney, it should be your husband who is calling or texting. If you don't get responses in a couple of days then send an email. If you... Read more »

2 Answers | Asked in Criminal Law, Products Liability, Civil Rights and Federal Crimes for Texas on
Q: Envirox H2Orange2 Concentrate 117 Sanitizer virucide cleaner is what we spray our warehouse with against COVID-19.

On the back it says it’s a violation of Federal Law to use this product inconsistent with its labeling. It kills only 4 viruses being Herpes Simplex Virus Type 2, Influenza A2/Japan, HBV, and HIV-1. None of these are Coronavirus/COVID-19 related. Therefore being a violation of Federal Law and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

No. That's not what use inconsistent with means. Who knows, the company may have consulted an industrial hygienist.

Also, to sue for damages you have to show you actually suffered something--not could have.

If you have a concern you may report it to your state OSHA or US Dept of Labor OSHA

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2 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Can police legally unlock and search my glovebox without a warrant

I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... Read more »

Brian Foley
Brian Foley answered on Feb 12, 2021

You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: How long is typical for a county jail to hold a person for another county in Texas...concerning probation violations?

Also,once arrested, they placed him in maximum security at the jail in Houston, TX. He states that there was no violence or verbal threat, etc. whatsoever. He doesn't understand why he has been placed there and OF COURSE, they won't tell him.

Edgardo Rafael Baez
Edgardo Rafael Baez answered on Nov 17, 2020

Thanks for your question. Since COVID, we have seem some strange things in county and other jail facilities in Texas. Although no one can answer you for sure, you should get some answers by hiring a local lawyer. Blessings!

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: If a defendant is found guilty of menacing-intimidation only what would be the Judges ruling?

The defendant was having a paranoid schizophrenic bipolar episode. He is on medication and doctors care and attending Alta Pointe. However due to the pandemic they were not meeting with him in person due to this pandemic. His fears are real to him.

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2020

Please clarify the question. A defendant being found guilty of anything implies that either that he entered a plea of guilty or no contest or that the prosecuion proved every element of their case beyond a reasonable doubt.

Most, but not all, offenses require some sort of "culpable...
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1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Is it typically positive for a defendant if the court lowers their bail without them asking?

Is it typically positive (in terms of a defendant's case) for a defendant if the court lowers their bail without them asking? For example, if a bail on a charge of misdemeanor theft enhanced to a SJF or another SJF crime goes from $3,000 to $750, notwithstanding covid-19.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 28, 2020

It is typically better to be OUT of jail than in jail so making it easier to get out is generally positive. A person is less likely to accept a bad plea deal when they are out of jail.

However, if they are trying to push people out faster because the jail is full of COVID well that's...
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3 Answers | Asked in Criminal Law for Texas on
Q: Can my theft case get thrown out since I been waiting to get a arraignment date in court. Been waiting since 1-13-20 .

Hello I was arrested at Walmart with a co-defendant and I have not step foot in a court since my arrested date 1-13-20. I wanted to know is that a civil right violation or a constitution violation since I have not been arraigned or formally charge with anything in front of a judge. Should the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 9, 2020

The courts have repeatedly ruled that the Sixth Amendment contains no right to a Speedy Indictment. That said, courts have occasionally found a Due Process violation when an indictment was intentionally delayed with the specific purpose of harming the defendant. That would require a really rare... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Would they have informed me if I violated the deferred prosecution terms when I sent in all of my paperwork?

Worried about my situation. In the "notes" section of my deferred prosecution agreement, it states that I "MUST obtain any evaluation within 2 months of the start of the DPA." I got it exactly a week after, and only a few days ago did I even notice this note. I'm almost... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 20, 2020

You can ask for confirmation of completion but they are often reluctant to do anything other than acknowledging receipt of your documentation. That said, although failing to get the assessment within the first 60 days is technically a violation, I have never seen them re-file on someone who... Read more »

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: Can my probation officer extend my probation for not being able to do nipv classes due to COViD19? Waco, TX

I’m on Misdemaenor, family assault, deferred probation. All my fines and fees are paid off, I’ve passed every UA, community service done. My probation ends in September, that’ll be my year. I was suppose to start NIPV classes on March 24th but they were canceled due to COVID19. I just got off... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2020

It wouldn't be the probation officer acting on their own authority, it would be something ordered by the for failing to complete the required terms. That means you could hire an attorney to argue your case but it might be less expensive to find an alternative.

For example, if the...
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