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Texas Civil Rights Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

1 Answer | Asked in Civil Rights for Texas on
Q: My neighbors allow their dogs to bark excessively. What can I do as they refuse my requests to quiet them.

I cannot even walk into my own yard or sit on my patio. They keep me awake at night and wake me early in the morning. I am 67 and still work part time.

James L. Arrasmith
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answered on Apr 15, 2024

I understand how frustrating and disruptive excessive dog barking can be, especially when it's impacting your sleep and ability to enjoy your own property. Here are some steps you can take to address the situation:

1. Document the disturbances: Keep a detailed log of when the dogs bark...
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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: Pulled over no working license plate light ..lie ..it worked ..asked to search my truck i said no they called out k9

Said k9 alerted on my truck searched it without concent found nothing held me for a hr over nothing but a license plate light that worked ..is this a violation of my rights and can i file a lawsuit against them for harassment the second officer that pulled up also agreed with the first officer and... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you've provided, it seems that there may have been a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. Here are a few key points to consider:

1. Probable Cause: The officers must have probable cause to search...
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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

No, a police officer cannot make you exit a vehicle "for any reason" or specifically "to violate your rights" or to "inflict injuries."

During a traffic stop, a police officer can order you to exit your vehicle for many possible legitimate reasons, including as...
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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
James L. Arrasmith
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answered on Apr 10, 2024

No, that is not true. Police officers cannot make you exit your vehicle for any reason they want or just to violate your rights. There are specific circumstances under which an officer can legally require you to exit your vehicle:

1. Reasonable suspicion: If an officer has a reasonable...
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2 Answers | Asked in Civil Litigation, Criminal Law and Civil Rights for Texas on
Q: After occupants of a stopped vehicle are cleared can an officer force you out of your car randomly?

We, my wife, & myself were headed back to Texas A&M Veterinary emergency clinic with our dog who suffered a shotgun blast point blank range to the face and needed extensive reconstructive surgeries because his wounds became seriously infected.

Exiting Hwy 105 onto Texas Ave going... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on the information provided, it seems that the officers initially had a valid reason to conduct a traffic stop due to the anonymous report of speeding and swerving. Once they had checked your identification and vehicle documents and cleared you of any warrants or suspicious activity, they... View More

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1 Answer | Asked in Estate Planning, Civil Rights and Elder Law for Texas on
Q: How long is the statutes of limitation for Annunity checks?

I have 1099 forms from Nationwide about annunity checks that were supposed to have been sent to me however they had to be sent to Rockwell Automation first because of them being fiduciary. Rockwell Automation was to send them to me, one check was $43,000 dollars, and two for 15,000 dollars. However... View More

James L. Arrasmith
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answered on Apr 6, 2024

I'm sorry to hear about the difficulties you've experienced in receiving these annuity checks. The statute of limitations for cases like this can vary depending on the specific circumstances and the state in which you reside. In general, the statute of limitations for breach of contract... View More

Q: Is it a violation to keep mail from inmates for months before they ever receive it?

TDCJ took away usps mail. They say you must use their online messaging system. They do allow some mail to go through but it is mailed to dallas, then distributed accordingly. Is it legal for them to take 3 or more months to distribute an inmates mail to them? I would think it would be a violation... View More

James L. Arrasmith
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answered on Apr 4, 2024

The situation you describe raises serious concerns about the rights of inmates to receive mail in a timely manner. While prisons have the authority to regulate mail for security purposes, excessive delays could potentially violate inmates' First Amendment rights to communicate with the outside... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Police harrasment

Police targeting me and fishing for wrong doing until they find something

James L. Arrasmith
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answered on Apr 4, 2024

I'm sorry to hear that you feel targeted and harassed by the police. It's understandable to feel frustrated and upset in this situation. Here are a few thoughts and suggestions:

- Document any interactions with the police, including dates, times, locations, officer names/badge...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If I got out on a PR bond and they picked me up on it but the charges were suppose to be dropped but haven’t been,wat do

How am I suppose to go about charges being dropped but haven’t been,when the other 2 individuals involved there’s has

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

You need to have your attorney contact the district attorney who supposedly "dropped" (i.e. dismissed) the charges. It's possible that the district attorney's office simply hasn't processed the dismissal papers yet. It's also possible that your attorney incorrectly... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If I got out on a PR bond and they picked me up on it but the charges were suppose to be dropped but haven’t been,wat do

How am I suppose to go about charges being dropped but haven’t been,when the other 2 individuals involved there’s has

James L. Arrasmith
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answered on Apr 3, 2024

I understand this is a stressful and confusing situation. Here are a few things you can do:

1. Contact your defense attorney: If you have a lawyer representing you, reach out to them immediately. Explain the situation and ask for their advice on how to proceed. They can look into why the...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: What are the chances that at a morion show cause hearing on deferred probation with no prior criminal history revocation

Deferred adjudication probation negligence for attack by dog . Got behind on restitution awaiting 2022 and 2023 tax return to pay off in full hearing to show cause set no previous criminal history and dirty fingerprint drug test that when asked po to send in for confirmation due to a non negative... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information provided, it's difficult to give a precise probability of the outcome at the show cause hearing for deferred adjudication probation revocation. However, I can provide some general insights:

1. No prior criminal history: Having no previous criminal record may...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: Texas home rule charter town can city completely change it's ordinances after a crime is committed to prosecute with new

Can a home rule charter tx town change is ordinances after an alleged crime is committed and as the legal process is being done and use those changes to prosecute and even bring criminal charges on the citizen . Attack by dog under negligence Coleman county tx

James L. Arrasmith
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answered on Apr 1, 2024

In the United States, there is a fundamental legal principle known as the "Ex Post Facto Clause" found in Article 1, Section 9, Clause 3 and Section 10 of the U.S. Constitution. This clause prohibits the federal government and state governments from passing laws that retroactively change... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Texas on
Q: What pleading would be best for a very documented fraudulent arrest so the matter is brought before the court pretrial

Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even

No local attorney has been... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.

I think the only way to...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can a police officer get away with a wrongful arrest. Violate an innocent motorist rights

Search his passenger, him and my car without consent. After information given, still be arrested and sent to jail. The stop was for my son or another car honking his horn . The officer said that was road rage, even if he knew the guy in the other car. My son was four years into his five year... View More

James L. Arrasmith
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answered on Mar 31, 2024

I understand how distressing this situation must be for you and your family. In cases of wrongful arrest and the violation of rights, the path forward can indeed be challenging and fraught with legal complexities. It's crucial to address these injustices, and seeking legal assistance is a key... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Texas on
Q: I want to know how an old charge effects my gun rights in Texas

I had a misdemeanor DV 8 or so years ago in Nevada. The PD gave me a plea deal to get out of jail if I gave up my gun rights. I agreed because I was young and it was an easy way to get out of jail. I moved out of state to TX shortly after that to get away.

One of the clauses was to do some... View More

James L. Arrasmith
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answered on Mar 24, 2024

Your situation sounds challenging, but understanding the legal implications is the first step towards resolution. In Texas, as in many states, a conviction for a misdemeanor domestic violence charge typically affects one's gun rights. This is because federal law, namely the Lautenberg... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Would there be any legal grounds for an inmate who is being threatened to be poisoned with fentanyl by a gaurd?

We have filed complaints with OIG, xx, the Warden, the governor and nothing is being done about it. Two days after this incident the inmate was given a Johnny sack and his pb&j sandwich had razor blade pieces in it. We have recordings of the gaurd on duty acknowledging that they saw it also. We... View More

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answered on Mar 22, 2024

If an inmate is being threatened or harmed, there are several legal avenues to consider. Initially, internal complaints to the Office of Inspector General (OIG), the warden, and other prison authorities are the correct steps. If these complaints are not addressed, the situation can escalate to... View More

1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I have multiple questions regarding a matter that was brought to a detective and no legal action was made

I have a previous employer that is trying to wrongly accuse me of a felony type action. This matter has been brought to the local police department, and detective two years ago. When previous employer walked into my current employer tried to tell management that I had a previous felony and... View More

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answered on Mar 18, 2024

In situations where a previous employer is making unfounded accusations against you, particularly of a serious nature like felony actions, and is attempting to influence your current employment based on these allegations, it's important to understand your rights and the steps you can take to... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: Why can I not get a copy of Form 505-4885 case closed 11/1/23. I have POA for my son. He requested I get a copy

They also told him 11/1/23 that he could request within 45 days. I received a email stating they would not have a copy for at least 6 to 9 months

James L. Arrasmith
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answered on Mar 14, 2024

It sounds like you're encountering a frustrating delay in obtaining a copy of Form 505-4885, despite having Power of Attorney (POA) for your son and following the instructions provided to you. This delay could be due to a variety of administrative reasons. For instance, the process of closing... View More

2 Answers | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Can the office at my apartment complex demand that i sign some paperwork regarding my portion of rent (housing).

Apparently there were changes done in January. We are now March. He won't let me read the forms "changes" or none of the paperwork. He wants me to sign it and not date it. I told them i would not sign them without reading first but he won't give me a copy either. He said he... View More

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answered on Mar 14, 2024

If your apartment complex office is demanding that you sign paperwork without allowing you to read it first, this is a concerning situation. You have the right to fully understand any documents you are asked to sign, especially when they relate to your housing and financial obligations. Here's... View More

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