Lawyers, Answer Questions  & Get Points Log In
Texas Questions & Answers
1 Answer | Asked in Legal Malpractice for Texas on
Q: How do I request the appellate judge to give a written opinion on dismissal of a request for reconsideration?
Randy Sorrels
Randy Sorrels answered on Jun 20, 2021

On the motion for reconsideration, they can simply deny the motion or grant the motion. Usually, they deny the motion without a written opinion.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Was in car accident not on insurance and seeking guidance

A couple of weeks ago I rolled into an intersection and got t boned. It was not my car and I'm not in the insurance. The insurance company contacted the provider and is threatening to sue for this. (This is what I gathered over the phone call I just had with them) this is the first car... Read more »

Doug Goyen
Doug Goyen answered on Jun 18, 2021

From the way you phrase the question, it sounds like you believe you caused the collision. You may want to go over the details with an attorney, just in case.

If you were driving someone else's vehicle:

Did you have permission to use the vehicle you were driving?

If...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Did Trevor go around LH after she left the ER?

There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html

1 Answer | Asked in Criminal Law for Texas on
Q: If i want to get a deffered dismissal how would I do that?

I don't have a lawyer or anything, i have court for a class C misdemeanor ticket in 2 days.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

Do you mean besides discussing that possibility with the prosecutor?

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can a case be thrown out if taken to trial if the officer that gave the ticket is fired

It's a felony case

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

There are no felony tickets in Texas. A fired officer doesn't AUTOMATICALLY result in dismissed charges. The prosecutor will decide whether the officer's testimony is needed, whether the reason for the firing implicates the officer's credibility, and the quality of any other... Read more »

1 Answer | Asked in Elder Law and Landlord - Tenant for Texas on
Q: Can my apartment complex not do needed repairs which affect my apartment?

6 yrs ago, my upstairs neighbors' kitchen sink , garbage disposal and dishwasher water kept coming up in my sink and finally flooded my apartment. They fixed it then but its doing it again now. The complex changed hands and I have been asking and even begged them a couple times since January... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

Contact the renters' council in Temple. If there is none, try the Travis County Renters' Council.

1 Answer | Asked in Intellectual Property for Texas on
Q: Can recipes be copywrited?

I have older recipes, but have no idea if they are copied from any magazines, newspapers, etc. Can a recipe that is in a cookbook be changed and therefore not get in trouble if it is a copywriter? I would like to take recipes that serve larger portions, and change it to serve 2 people.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 17, 2021

You can register the copyright of recipies.

Whether it can be defended or not will depend on the content.

1 Answer | Asked in Estate Planning for Texas on
Q: Dads will gives estate to mom and then by 3 sons. One son has since passed away. Does his widow have heirship to his?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

It depends on what the Will says. It is common to state that the children or the siblings of a predeceased beneficiary inherit. It is uncommon to state that the spouse does.

2 Answers | Asked in Criminal Law and Banking for Texas on
Q: Can I take money from my girlfriends account without her permission if i have a right to the money and access to accoun

We lived together for a year and she took out a ppp loan under my company. And has all funds in her accountand holds it iver my head. I have access to accounts. But have not been told I can touch the money. Nor have i been told no i want to take some and get out this relationship. Is the matter... Read more »

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

This is a complicated issue that can go several different ways. Just because you have access does not mean you have rights to access. By your own admission you do not have permission to touch the money. She may say you exceeded the scope of the access granted.

On the other hand you have...
Read more »

View More Answers

1 Answer | Asked in Child Custody for Texas on
Q: Can I file for custody if I live in a diffent state?
Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Yes, make sure you contact an attorney before you do anything. There are laws that prohibit the moving of minors across state lines.

Be careful as not to violate Interstate The Uniform Child Custody Jurisdiction and Enforcement Act.

I strongly encourage you to consult with an...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Need help with Order of Protection against roommate, breach of contract for not paying rent, and getting her off lease.

Roommate has not paid rent, is verbally and emotionally abusive, threatening, and we are scared of her. Please help!

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

If person is threatening you call the police and report it. You be able to get a protective order.

As to the rent you can sue for breach of contract assuming you had a written agreement.

You will need to get a copy of lease and review it to see how to remove a signer from the...
Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: What can I do if my neighbor threatens to call the pound because my dog escaped through the fence and goes to his yard?

My dog is a pit and I am currently visiting my mother. She has a fenced house with a gate and he has found spots through the gate to escape through. We have been reinforcing the fence in these spots but he seems to find a way. He is not aggressive and has never biten anything or anyone.

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Threatening to call the pound is not a crime by itself.

Facts might change this: like he is making threats multiple times a day. Depending on how and how often this occurs you might have a harassment claim.

I would encourage you to ensure your fence is in order and the animal...
Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Can the city change a private road to a public street against homeowners' desires?

We do not want our private road made a public street. Can the city override our desires when we homeowners on the road have titles/deeds saying we each own 1/4 interest in the road and easement and no changes, alterations or modifications can be done to the road or easement without our written... Read more »

Leroy Scott
Leroy Scott answered on Jun 16, 2021

Yes, the city can do that, but it has to provide just compensation to the private owners. Look up "eminent domain".

1 Answer | Asked in Immigration Law for Texas on
Q: Does CSPA apply to derivation of citizenship through naturalized father, 10 years after permanent bar?

The petitioned child was 14 at the time of the consular appointment (05/03/2012), in which the 212(a)(9)(c)(i)(i) was applied.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Jun 15, 2021

If the child was the principal beneficiary of a family petition when he was 14 in 2012, he should not have been bar from applying for a visa at that time. A child under 18 does not accrue unlawful presence. If the child was a derivative beneficiary as the son or daughter of a principal beneficiary... Read more »

1 Answer | Asked in Copyright for Texas on
Q: Can I use the word doozy and make it my trade mark
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 15, 2021

Depends if it is available and what context you want to do it

1 Answer | Asked in Civil Litigation, Criminal Law and Gov & Administrative Law for Texas on
Q: Yes I want to know if a court can require. Me to take drug test while on bond before I am convicted of any crime
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 15, 2021

Yes, the court has wide discretion when setting the conditions of bond. Anything related to your attendance at court or the safety of the community is fair game. If your case does not involve drugs and you don't have any history of drug use then you could ask your attorney about the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My question is fairly long and I can't fit it all in 120 characters. It's going to take a phone call.

I have two outstanding warrants in Colorado that were issued when I was residing in Montana, I did not live in that state, I got picked up in another state with new charges, had

a detainer hearing, fought extradition, then posted bond on both. What kind of legal predicament is the state... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 15, 2021

If you have warrants in Colorado and another state then you need to talk to an attorney in Colorado and one in that other state... unless all those charges were filed in federal court.

Your location is set to Amarillo, Texas so Justia will only show the question to attorneys licensed in...
Read more »

1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Q: my landlord/friend passed away & no will. Now his sister is taking me to eviction court no probate. What can i do?

None of his family has been around in 20 years. This is crazy yet sad. There are alot to be involved in probate court to get their portion.His greedy sister should go back to the rock she came from.what can i do

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 15, 2021

Move. The executor or administrator of the estate has a legal duty to sell property to pay debts and distribute the remainder according to the Will or, if there is no Will, the state's laws of inheritance. This may involve evicting tenants. Neither occupancy nor friendship confer ownership... Read more »

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Question is regarding wills.

Texas - Dad died no will and house only in his name. Mom dies and made will leaving 25% son, 25% daughter and 50% divided 3 grandchildren. Can son file for % heirship since dad had no will?

Isaac Shutt
Isaac Shutt answered on Jun 15, 2021

Yes, absolutely. If Dad had no will, then Dad's "heirs" inherit Dad's assets. Most surviving spouses just assume that they automatically inherit the deceased spouse's estate, but that's not actually correct.

Keep in mind, though, Mom will likely be the...
Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: Can someone sue me if my sister(she was unlicensed) was the one who caused a accident in a car/ins under my name?

I received a demand for payment letter stating that i was liable for a car accident i wasn't even involved with my sister was the one driving the car, my insurance denied the claim and now the person is coming after me for payment. can i be taken to court for this even if i wasn't even involved?

Doug Goyen
Doug Goyen answered on Jun 14, 2021

Yes, if she was unlicensed you can possibly be responsible for "negligently entrusting" your vehicle to an unlicensed driver.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.