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1 Answer | Asked in Criminal Law for Texas on
Q: What happens when you are not part of a forfeiture case but should be? Are you obligated to file a written answer?

I own a truck that the state seized and now has filed a forfeiture case against. At the time of seizure I did not own the truck. It was in a dead man's name, so the named parties in the suit was the dead man and the person driving the truck. A written response has to be filed by 10am tomorrow... Read more »

John Cucci Jr.
John Cucci Jr. PRO label
answered on Mar 26, 2023

You need to file a Written Answer with affirmative defenses.

You should have a lawyer do it. It is very complicated especially with your circumstances. Put in a General denial to all allegations and affirmative defenses of No Cause of action, no jurisdiction, res judicata, no standing, no...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Should I get married or make a will?

I am 36(f) with two children under the age of 18. My assets are worth about 700k. My kids father and I do not have any sort of relationship. If something happens to me before my kids turn 18 my ex there father will have access to everything. My question is this: to avoid my ex getting his hands on... Read more »

Isaac Shutt
Isaac Shutt
answered on Mar 26, 2023

Yes, you should definitely get a will and NO you should definitely not get married for the reasons you mention. You should get an attorney prepared by an experienced estate planning attorney. Yes, it will cost a bit of money. However, those it would be SO worth it to have a Will done by a really... Read more »

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.

3 Answers | Asked in Criminal Law for Texas on
Q: Does info from an informant give investigators probable cause to have someone pulled over and searched with no warrant

Investigators was following a friend due to info from informant. He called local police and told them to " find a reason to stop him". They did and searched the vehicle with no warrant and no consent cause the truck was not his to give consent to let them search. They found something he... Read more »

John Cucci Jr.
John Cucci Jr. PRO label
answered on Mar 25, 2023

The answer to your question is Maybe.

Probable cause is always dependent on the amount and quality of the information police obtain regarding a crime. If someone is pulled over, and there is no evidence of a crime, they may not search a car without a warrant or consent. The driver of a car...
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2 Answers | Asked in Criminal Law for Texas on
Q: How to file a motion to lower bond on Daniel Flanagan whom was just assigned Lucy Pierson as his defense attorney

How can we get this done today?

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Mar 25, 2023

His attorney would have to ask the court for a bond reduction. He will need to address the issue with his appointed counsel, or hire a new attorney.

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1 Answer | Asked in Criminal Law for Texas on
Q: If a person is arrested on 2 felony cases that has warrants issued. I should be able to find the records right?

Case numbers and bail amounts listed on the complaint still have and can not pull up in the court system but the defendant is in prison for the case but no record of it

Nathan Wesley Alsbrooks
Nathan Wesley Alsbrooks
answered on Mar 24, 2023

If the person is in prison, I’m assuming this is a felony charge. First, figure out the county where the case is pending. Then, look up the district clerk for that county. You should be able to search by last name and find something.

1 Answer | Asked in Criminal Law for Texas on
Q: Can the state pick up a larceny charge if the object that was stolen was a customers purse from a waffle house

If two employees participated in stealing a customer’s purse from their job, should they be charged separately or together considering the value of they took from the purse was different. Also, can the state press charges, the customer or the restaurant?

Nathan Wesley Alsbrooks
Nathan Wesley Alsbrooks
answered on Mar 24, 2023

The state theoretically could pick up charges without the restaurant or customers pressing charges, but a local DA would want the police to formally file a report / charges with the DA office. It’s unlikely the police would file without a customer or the restaurant complaining.

I think...
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2 Answers | Asked in Family Law for Texas on
Q: If my childs father owes over $10k in child support and finally decides to file taxes and claims 2 children one is mine

One isn't will the irs refund all go to me or will he get some back due to him claiming another child that isnt mine. Best part is he wants me to give him back money even though he would get the credit as if he paid it .

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Mar 24, 2023

Any federal income tax return that Father is to receive will be offset against any child support arrears that are owed by Father.

In your situation, it doesn't matter that Father is claiming a child that is not yours on his taxes. If he is to receive a refund, the entire refund will...
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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 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 Family Law for Texas on
Q: My biological mom passed, her fam. Not giving me nothing, how can I find out if my mother had a will, because they won't

My biological mom passed last week, and that side of her family aren't giving me any info, I would like to ask where in texas could I go to see if she had a will, or anything to see if she had me in her will? Ive tried to ask them, call them but I get nothing, not even a cone say your... Read more »

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

Her will, if she had one, would be filed in the probate court of the county where she was living at the time of her death.

If you are named in her will as one of her heirs, you will likely be given notice and asked to sign a form concerning the probate of her will.

If she didn’t...
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1 Answer | Asked in Criminal Law for Texas on
Q: if found guilty of 1st degree agg kidnapping but the sexual assault case is dismissed, is it still an agg charge

charged with agg kidnapping due to sexual assault. 4yrs later sexaul assault charge marked "retention - dismissal/not guilty.

John Cucci Jr.
John Cucci Jr. PRO label
answered on Mar 23, 2023

If the jury or judge found you guilty after trial. Its still agg. The only possible opening to help you is if the verdict sheet signed was broken down by each element of the crime.

I hope this helps.

1 Answer | Asked in Tax Law for Texas on
Q: To file Form 1041, the Trust needs to have gross income of $600 or more and any taxable income for the tax year.

If all I have $67 and $134 in Total Ordinary dividends in two separate Trusts, am I required to file? Are these considered taxable income?

Louis T. Wierenga
Louis T. Wierenga
answered on Mar 23, 2023

If there are no other elements to the returns, you should not need to file.

1 Answer | Asked in Tax Law for Texas on
Q: I have a question about taxes that I filed for 2021 year.

In 2020 I contributed to trad IRA $6000 as after tax money and bought some ETF with this. I used form 8606 to report them as nondeductible contributions. In 2021 I sold those ETF on tad IRA and got $5986. So it was loss of $14. Now I added additional $6000 as after tax money to trad IRA. So in... Read more »

Louis T. Wierenga
Louis T. Wierenga
answered on Mar 23, 2023

You need to enter your basis (amount your contributed that was nondeductible). Based on what you shared, the result should be no taxable distribution.

1 Answer | Asked in Divorce for Texas on
Q: Should I die how can I leave my house to my new wife. The house is in my name and my X. I got house after divorce.

Mortgage is in my name and X wife name.

Mortgage company won’t remove her name.

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

You can do so either by leaving it to your new wife in your Last Will and Testament or by a Transfer on Death Deed.

If you signed a Deed of Trust to Secure Assumption in favor of your ex, be aware that your ex can "foreclose" on it if the mortgage is not timely paid.

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: What is the definition of a speedy trial in the state of Texas. How long does the state have to get to trial?

If a defendant states to his lawyer and in court he wants to go to trial and no deals, how long does the state have to get the case in front of a jury? Especially, if the state has advised the judge at pre trial hearings on 2 occasions they were ready to go to trial only to cancel the day of or a... Read more »

John Cucci Jr.
John Cucci Jr. PRO label
answered on Mar 23, 2023

Speedy Trial is guaranteed by the 6th Amendment. In TX it is Article 1, Section 10 that gives you the same right. The courts must give you a speedy trial. The accused in jail while waiting for trial gets a faster trial then the accused who is out on bond. If you are in jail after 90-120 days since... Read more »

1 Answer | Asked in Divorce for Texas on
Q: What is the amount of a typical retainer for a divorce case of average complexity in your area?
John Michael Frick
John Michael Frick
answered on Mar 23, 2023

$5,000 - $10,000 in a case of average complexity

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: I am the administrator of my moms estate. She only had a home. The home has been sold. Do I have to pay any taxes to IRS

And what form do I need file with IRS

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

In general, you would only need to pay taxes on any proceeds from the sale of the house attributable to a gain in value from the date of your mom’s death until the date of sale. The term describing this is “step up basis.”

Typically this doesn’t happen unless a long period of time...
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2 Answers | Asked in Real Estate Law for Texas on
Q: I reside in a home that the owner has been deceased for 12 yrs although there's a mortgage I never paid it do I own it ?

The mortgage company never foreclosed on the property even though they knew of the owner's passing in 2011 I've been in here for 12 years I maintained the property I posted no trespassing signs all around the property I never made it a secret that I was here all the taxes are paid all the... Read more »

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

No, in most cases the mortgage servicer and lender do not become the new owner of a home when the borrower dies.

In most cases, the home passes to the heirs of the borrower (typically spouse and/or kids and/or grandchildren and/or siblings) subject to the deed of trust securing the loan.

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1 Answer | Asked in Uncategorized for Texas on
Q: If it comes back from the lab neg for coke but positive for sunthing else can they change the original charge or dismiss

Like they did no field test or anything just asked me where I got the coke from...

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

Yes, they can change the original charge or dismiss.

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