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Questions Answered by John Cucci Jr.
1 Answer | Asked in Real Estate Law for Texas on
Q: Does offering a loan to buyer, based on agent's commission, & forgiving the loan for successful referrals, violate RESPA

I have a question regarding real estate law in Texas. If a buyer agent offer 100% of the buyer agent's commission to the buyer at closing as a loan and the buyer needs to pay back the loan over the terms of the mortgage (30 years). Subsequently, if the buyer makes 1 referral who successfully... View More

John Cucci Jr.
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answered on Jan 17, 2024

Real Estate Agents/Brokers, can NOT share any part of a RE sales commission with someone who is not also licensed to sell RE. What's more, the new sale, and those involved would ALL have to receive Notice of the parsing-out of any sales commission. So it is unlawful for at least two (2)... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If I have a case that’s suppose to be a felony , but it’s no case or case number on the case what can I do

Never been to court for the felony , only the misdemeanor which was thrown out .

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answered on Jan 16, 2024

If you were never actually charged with a Felony, the DA may never file against you.

There are time limits on all felony charges. They are called Statutes of Limitation. Some felonies must be brought against a defendant within 3 years. Some crimes have longer time limits, like Murder and...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I be punished if my motion camera moves automatically and puts my neighbor and her house in the camera view?

She never told me the camera bothered her, instead she posted on Facebook about it and asked who knew of a good lawyer. This all started when I posted an automatic audio recording of her screaming at the top of her lungs at 10:27pm scaring me my sick son out of our sleep. I have had issues with... View More

John Cucci Jr.
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answered on Jan 15, 2024

That's a tough situation. Generally, you should not be filming in other people's house or yard, as that is, at some level, an invasion of privacy. At it's worst, it could be considered, stalking and maybe other misdemeanors, like harassment, or a sort of trespass.

Be...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: I was convicted of Marijuana possession over 4ounces 50 years ago in Dallas County, Texas. Can I legally buy a firearm?
John Cucci Jr.
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answered on Jan 13, 2024

There are three ways you can be qualified to buy a Firearm in TX, as a prior convicted felon..

1. Get a pardon from the governor;

2. Receive permission from the local Sheriff to buy and possess a FA; or

3. Have your conviction expunged by District Court Order. This last one...
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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

John Cucci Jr.
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answered on Jan 12, 2024

It looks like you are from San Antonio.

There are some lawyers who do take Police Misconduct case, all over Texas. However, the likelihood of an attorney taking a police misconduct case, is low. The reason is, even with good facts and proof of liability against the officer or Police...
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1 Answer | Asked in Criminal Law and Child Custody for Texas on
Q: I've been falsely accused of sexual assault of a minor as a minor over the age of 14. I am now 30. Can you help me?

My sister has falsely accused me of assaulting her when we were younger in August of 2023. Juvenile had me come in for fingerprints September of 2023 and an assessment January 3rd 2024 , and January 5th 2024 I was called and given a court date for the case on January 19th 2023. I have evidence this... View More

John Cucci Jr.
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answered on Jan 5, 2024

Do NOT talk to anyone else about your case or the circumstances surrounding it. Get a great lawyer ASAP!

These cases are terrible and the State and the people working for the State are going to steam-roll you! Do not talk to any police, or detectives. Tell everyone that you want a lawyer...
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1 Answer | Asked in Criminal Law for Texas on
Q: What motion says the state has 180 days to pick u up from prison for court after 3 bench warrants & still not picked up

My loved one has been in prison 2 years on a drug charge but caught an illegal dumping charge before the drug charge. He has had court every month but they don't pick him up. I went to the court and the Assistant DA told me that his court appointed lawyer could file a motion to get the case... View More

John Cucci Jr.
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answered on Jan 4, 2024

There is a lot going on for your loved one.

It is true that if an arrest has been made, or a charging instrument (not Indictment) on a case, and the DA does not get an indictment within 90 days or the DA fails to produce an accused within 180 days, a Motion can be made to dismiss the...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can anything be done when a drug court coordinator is bias against an offender to the point of sanctioning for rediculou

The coordinator is part of a team that is supposed to help these offenders get better. Not constantly belittling them to the point of giving up and wanting to go Awol

John Cucci Jr.
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answered on Jan 4, 2024

Unfortunately, some Court Coordinators are not nice people. However, you must keep your cool. Do not let some miserable person drag you into her sad world. Just keep up everything you are required to. Once you have completed your sentence, etc., you should write to the judge and let them know of... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is online fantasy ageplay between consenting ADULTS illegal in Texas?

I partake in the BSDSM kink ageplay and DD/LG to cope with trauma from my childhood. I make it clear I am a legal age to my partner before roleplaying a young age. This is fantasy, text only, no pictures are EVER exchanged.

Due to the sexual nature of the private conversation having to do... View More

John Cucci Jr.
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answered on Jan 4, 2024

What you have asked, confined to the exact language you have sent, is NOT illegal. If the conversation and subject matter, stay as such, you are fine to continue. Criminal liability would be implicated if any child, or involvement of children, were involved. Also, be sure the conversations are only... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Texas on
Q: My estranged brother sent me a text giving me 5 business days to send him a copy of my mother's will in which she has

named me executor and sole beneficiary. I understand I do not have to show him this will until I have been appointed by the court, however, should I respond to his text? Would a response show that I am agreeing to text communication with him?

John Cucci Jr.
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answered on Jan 4, 2024

Your question does not state whether or not, anyone has filed to Probate, your mother's Will.

If he has filed it, you better get busy and submit a filing of your own. You should not wait.

You are correct, if you are named as Executor, you have control. But you must file soon....
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: What options do we have. What motions are worth filing? Any suggestions on how to proceed

My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing.

John Cucci Jr.
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answered on Dec 29, 2023

First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it.

When he pled guilty, there was probably a plea "package" of paperwork, Notices of rights, and waivers of rights, that the...
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2 Answers | Asked in Criminal Law for Texas on
Q: My husband was accused of failure to register but he did who do I give my evidence to

I've tried talking to his parole officer but she has been lying to me from the beginning stating my land lord had called the Detective and said that we had moved out before the date that we had to. he wrote a letter stating that and saying that he was very cooperative and gave us till the 1st... View More

John Cucci Jr.
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answered on Dec 29, 2023

Registration is a painful and cumbersome process. From now on, send all correspondence and registration documents and Notices by Certified Mail via US Postal service. That will remove anyone's B.S. or memory problems. Even better, it will be saved in cyberspace Forever.

If the...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Can I find out the total sum owed on a charges with each case number? If not, how do I find that information
John Cucci Jr.
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answered on Dec 29, 2023

Each State has its own system of allowing access to criminal records and judgments. Usually, fines and criminal penalties are part of a guilty finding and the attendant Judgment. So yes, usually a simple telephone call to the clerk of the court in which your case was held, will get you the details... View More

2 Answers | Asked in Civil Litigation and Small Claims for Texas on
Q: The fence shared with neighbor fixed. Agreed to pay half then refused to pay in full. Need legal help

Do u provide small claims legal help

John Cucci Jr.
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answered on Dec 28, 2023

I hope you got the agreement for your neighbor to pay half in writing. If so, you should send them a letter demanding payment within 30 days. If they don't pay after that, you can sue them in small claims court. There is probably no other way to get paid.

You could try to file a...
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1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Family Law for Texas on
Q: In Texas what would the charge be for a man leaving his partner at a house with no transportation, no heat, no electric

He went to jail for family assault with bodily injury to me and violation of probation and left me with nothing in a house that has no bathroom ceiling and no roof in garage that attaches to the bathroom. It's so called in here I have to stay in bed under 3 comforters and haven't eaten a... View More

John Cucci Jr.
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answered on Dec 23, 2023

Before I answer your question, I believe you should file for divorce and in doing so, you should ask for immediate temporary support from your husband and for your legal fees.

There is no criminal charge regarding you, but if he has left your child, there may be a criminal charge....
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I am having issues with my apartment and management says fixed but not works good after they left. I want to end lease

I moved to a apartment in June Since day one I always had problems with the apartment. The A/C unit was not working it was heating instead of cooling and the temperature was always above 85 degrees in the apartment. I have put in a request manys times, called them multiple times. The service guys... View More

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answered on Dec 20, 2023

First: Keep records and pictures of all problems and broken items, and other losses, as you may need proof in court one day.

If you were my client, I would send your LL a lease termination letter listing all problems and breaches of the lease by LL.

I would then make sure you have a...
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1 Answer | Asked in Criminal Law for Texas on
Q: Does a cop have to follow by rules in the law book I'm asking because the small town I'm from does there own way

Can they get in trouble for that because I thought they have to follow the book because they are the laws

John Cucci Jr.
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answered on Dec 19, 2023

All police must abide by all laws. Some of them do not. They can get in trouble, or sued, or lose their job if they break the laws or do not follow the law. The problem is that police usually get the benefit of the doubt when someone complains about them. The best you can do is have your video... View More

2 Answers | Asked in Landlord - Tenant for Texas on
Q: What are my rights if landlord do not want to make repairs and the repairs have us in an unsafe environment
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answered on Nov 30, 2023

Your written lease would probably have this issue explained. If the lease does not have any reference to this situation, you can call, and text or write your landlord about the specific danger and the specific problem and state that if they do not correct the danger within 24 hours, you will do so... View More

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1 Answer | Asked in Civil Rights for Texas on
Q: Is there any legal action I should/could take against a fellow student that discriminated against my disability twice?

I experienced discrimination due to my disability at my university 2 times by the same student, each time in a different registered student organization. My professor reported the discrimination to the university this past weekend and I am typing up the information to report to the EOS investigator... View More

John Cucci Jr.
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answered on Nov 29, 2023

I was the Student Body president at my University in NY, and went through many similar hurdles and acts of aggression and attempts to deny my access to student government office.

When an individual acts to deny you your civil rights or discriminates against you for any...
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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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