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Questions Answered by John Michael Frick
1 Answer | Asked in Criminal Law for Texas on
Q: What can I do when my assigned criminal lawyer will not do her job and I cannot file? Grievance already filed.

If my attorney will not file actions and act on information I have given her that is crucial to my defense and if I cannot file in my own behalf then what are my options to bring my attorney's incompetence and neglect to the attention of the judge and the court and assure myself a fair and... Read more »

John Michael Frick
John Michael Frick
answered on Mar 28, 2023

You can fire your current attorney and 1) ask the court to reassign your case to a new attorney if you are indigent, 2) hire a new attorney on your own, or 3) tell the court you want to represent yourself (which I advise against if the charges against you are not relatively minor misdemeanors)

1 Answer | Asked in Intellectual Property, Contracts and Civil Litigation on
Q: application to a judge.Can you ask for person be charged with possession of stolen property or mischief under fifty thou
John Michael Frick
John Michael Frick
answered on Mar 28, 2023

Ordinarily, crimes like those you mention need to be reported to law enforcement for investigation. Law enforcement would then provide information to the district attorney’s office who would make the decision whether to file charges or to seek an indictment.

Typically, only then would...
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1 Answer | Asked in Consumer Law for Texas on
Q: Can a company be sued if the product listing of an item has incorrect information about the product?
John Michael Frick
John Michael Frick
answered on Mar 28, 2023

Yes if the incorrect information proximately caused damages to the person filing suit.

1 Answer | Asked in Libel & Slander for Texas on
Q: What can I do as a minor if someone is defaming my character and reputation by exposing intimate details and lying.
John Michael Frick
John Michael Frick
answered on Mar 28, 2023

You should report this to your parents as soon as possible. They may wish to retain an attorney to send the necessary demand letters and to file suit on your behalf.

1 Answer | Asked in Lemon Law for Texas on
Q: I leased a car a month ago and now I'm having alternator issues, is the dealership responsible for repairs?

I've missed multiple days of work doe to this and the dealership keeps trying to find a way to squeeze money out of me even though I haven't been able to work due to this

John Michael Frick
John Michael Frick
answered on Mar 28, 2023

Typically, when you lease a brand new car, it comes with a warranty from the manufacturer. Most commonly, any manufacturer authorized service center can provide warranty service. Most dealerships which sell that manufacturer’s cars have authorized service centers.

If the dealership...
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2 Answers | Asked in Child Custody for Texas on
Q: How to establish an uncontested 50/50 custodial arrangement when there was not marriage/divorce.

Both parents have been sharing 50/50 custody and still want to continue but one parent is wanting it "legally" filed.

John Michael Frick
John Michael Frick
answered on Mar 28, 2023

Hire an attorney practicing in the area of family law to file an original suit affecting the parent-child relationship, commonly known among Texas family lawyers as a SAPCR.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: In an eviction proceeding in Texas, can a new owner of property pick up where the previous owner left off?

Can a previous owner’s forcible detainer, just be picked up by a new owner and continue with the process or does new owner need to start a new eviction process?

John Michael Frick
John Michael Frick
answered on Mar 28, 2023

The new owner can substitute in as the plaintiff and continue the pending suit

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Can I file motions, writs or actions in my own criminal case?

If my criminal defense attorney is stalling and exhibiting neglectful, inadequate and incompetent conduct can I file motions, writs and other actions or documents in my own case? I have filed a grievance but I need some immediate action to preserve my rights to a fair trial.

John Michael Frick
John Michael Frick
answered on Mar 28, 2023

No, Texas doesn’t allow dual representation. You can either represent yourself or have an attorney represent you, but not both.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How can my husband file a restraining order against me and take my kids when he hasn't been around in 6 years?

I have no history of violence no abuse towards our boys and Friday I went to pick them up and they were not there..the teacher handed me a paper which was a restraining order for me not to be around my kids. My husband came and picked them up and went back to Dallas where he hs been staying for the... Read more »

John Michael Frick
John Michael Frick
answered on Mar 27, 2023

You need to hire an attorney to review the file of the court that issued the TRO. Your husband would have needed some serious factual allegations (like you took the kids and left without telling him) in order to obtain a TRO.

Fortunately, a TRO is only good for a couple of weeks before the...
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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Can a Solar Panel Company leave loose live wires in your home after installation?

They left my kitchen partially out of electricity for over a month. The installer admitted to me he messed something up. But now he's denying it. Another installer to me he admitted to him he did it. The Project Manager said it's ok if someone leaves wires like that.

John Michael Frick
John Michael Frick
answered on Mar 26, 2023

No.

When you scheduled your city inspection, I’m surprised it passed.

1 Answer | Asked in Employment Law for Texas on
Q: I quit my job because my Rgm asked me to relabel expired products and she talks down to employees and yells at them in f
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You did the right thing quitting.

1 Answer | Asked in Tax Law for Iowa on
Q: Filed last yr. with long time tax attorney. He did not notice my 1099 was missing. IRS wants unpaid taxes from me. Does

he have any liability for this. Said he overlooked it and was sorry.

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

Yes, he is potentially liable for any interest and/or penalties. However, it is likely the IRS will waive any penalties under the circumstances presented.

Of course, you are still liable for the unpaid taxes which you would have had to pay last year had your accountant not overlooked your 1099.

1 Answer | Asked in Sexual Harassment for Tennessee on
Q: What do you do if you have been sexually harassed at work by coworker
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You need to report it immediately to your manager / supervisor.

1 Answer | Asked in Estate Planning for Arizona on
Q: How to transfer our home title to our revocable living trust using a Quitclaim.

Should the GRANTEE on the Quitclaim form be the name of our trust?

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

In order to avoid tax problems and the potential loss of federal bankruptcy exemptions as well as state law exemptions, you definitely need to consult the attorney who set up your revocable living trust.

This is not a do-it-yourself project. Just like you would never ever try to set up a...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need help on how to get my kids back when I go to court it gets pushed back and not it’s closed
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

To get your kids back, you should hire a board-certified family lawyer in or near the county where the court is located.

If CPS is in any way involved in your case, you need to find out how much experience the lawyer has had with CPS cases in the recent past, as many family lawyers do not...
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1 Answer | Asked in Contracts for Washington on
Q: Can I sue for wrongful eviction and no trespass on a hotel.

Evicted and served a no trespass for smoking outside a motel. Front desk clerk stated she observed my spouse on camera smoking outside the motel.

Several ash trays filled with extinguished cigarettes. No smoking signs are not posted anywhere on the property. Other guests smoking outside... Read more »

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

Probably not based on the facts stated in your question.

1 Answer | Asked in Divorce and Family Law on
Q: Im going thru a divorce. I have an Inheritance. Hubby can't touch it. Can I buy a house w/o him owning it too?

I was informed that he cannot touch my Inheritance and that it belongs to me only.

I'm trying to find a place to live, I wanted to buy a house. I wanted to know if he'd be joint owner of my house and if I'd have to give him half of what my house was worth even though it was... Read more »

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

Typically, any major transaction like this is prohibited without court approval during the pendency of a divorce. These prohibitions are typically embodied in a standing order or standard temporary injunction. It is likely, however, that a court would approve the purchase of a home with your... Read more »

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: mY UNCLE TOOK OUT BANKRUPTCY AND MY NEPHEW NEEDS TO FIND OUT WHEN, HOW DOES HE GO ABOUT IT THAT DOESN'T COST HIM MONEY
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

The best way to find out without it costing him any money is to ask your uncle.

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1 Answer | Asked in Health Care Law and Personal Injury for Utah on
Q: I had gotten the Pfizer vaccine and have been dealing with blood clots do I have any kind of case?

I've been going through this for over a year and a half now. Also swelling in my left calf muscle down to my toes off and on. Nowhere else.

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You can’t sue but you can submit a claim to the Countermeasures Injury Compensation Program through the U.S. Department of Health and Human Services.

Be aware that the Biden Administration has been criticized for denying most such claims.

To optimize your chance of success, be...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Do I have to introduce my child father to my current boyfriend before my child?

I have been dating someone for over 2 years and he has never met my daughter but he is aware of her. My current boyfriend recently expressed that he’d like to meet my child. My daughter told her dad that she will be meeting mom’s boyfriend, now her dad is threatening me saying he wants to take... Read more »

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

A non-custodial parent can take a custodial parent back to court to modify custody or to modify the terms and conditions of possession at any time until the child reaches 18 years of age.

Any such case will be adjudicated based on the facts and circumstances proven by the admissible...
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