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Texas Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Texas on
Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... Read more »

1 Answer | Asked in Family Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: Can an Amicus Attorney 1. Modify a temporary order 2. Strike all of a Pro Se's pleadings?

EXAMPLE:

The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

I doubt the court will strike your pleadings but you need to pay or settle the case,

1 Answer | Asked in Consumer Law, Social Security, Civil Rights and Constitutional Law for Texas on
Q: I have a statement showing I have/had the 40 required amount of work credits needed to be eligible for SSDI

I made $20,000+yr for years until my health decline making my income drop significantly. I applied for benefits and I have been given misinformation, denied continuously,lied to, told my condition is not as severe as I think I is, have errors in case file, and more but yet has conditions and... Read more »

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Jun 26, 2022

You haven’t provided enough information for anyone to tell you if you have a good case or not. You also aren’t clear about whether you are wanting to obtain disability benefits or sue the SSA for discrimination. If you have already provided detailed information to several lawyers and they have... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can police take my dog from his lead while looking for someone with an arrest warrant who use to live there?

I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

They took your dog and left or they simply moved your dog to a different location? To be honest, if they claimed to be afraid of the dog then they could probably get away with shooting your dog dead.

1 Answer | Asked in Criminal Law, Constitutional Law and Public Benefits for Texas on
Q: Who's job is it to police the police?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 16, 2022

Internal affairs police the police

1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Legal Malpractice for Texas on
Q: Denied consent to search, waited 2 hours for k9, bogus reason for stop and bogus probable cause, illegal s and s

Stopped because claimed couldn’t read my license plate. Small town, same officer, seen me several previous times and had followed me 20 minutes before he seen me again to pull me over. I asked what his probable cause was and he said I looked nervous. All I was doing was putting gas in my... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 11, 2022

Your attorney may attempt to get copies of all data and voice recordings sent to that patrol car on that particular day in hopes of discovering whether or not the officer attempted to run your plates.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can a police man tell me he is going to search and bring a drug dog AFTER I SAY NO TO A SEARCH OF MY VEHICLE?

My fiance was pulled over for registration being out. After running his name the officer asked him to step out of the vehicle, patted him down, but he was not arrested. The officer then asked if he could search. My fiance said no. The was no probable cause that I am aware of I'm this... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 8, 2022

It might be possible for his attorney to seek suppression any evidence that was found as a result of the search but a good attorney will probably first need to carefully study the offense report, arrest affidavit, BodyCam recording, DashCam recording, and the log file showing the data sent back and... Read more »

1 Answer | Asked in Copyright, Constitutional Law, Entertainment / Sports and Intellectual Property for Texas on
Q: Is fair use subject to interpretation regardless of facts?

If I record a full cover (track and vocal) of a popular song, and release it on social media with no compensation, no expectation of compensation, no request for monetary support, strictly for the purpose of exhibition, entertainment, and to receive interaction (comments and/or likes) from viewers,... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Mar 2, 2022

You should consult an attorney.

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Constitutional Law for Texas on
Q: hi

So i believe that yesterday i have been rudely denied FHA due to nation origin/race.

i have an entire night of conversation via iMessage and Roomies.com with Mr. X wife about how everything is going to be. Pet deposit $300, rent per month $450, Mr. X accepted my $300 deposit after he... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Feb 5, 2022

If you like the apartment, take it. But if it a month-to-month tenancy, I might tell you not to move in.

Go with your gut, and stick to your decision.

You will need actual proof of discrimination to do anything on that front.

I hope it works out.

Good Luck!

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it unlawful to omit a warrant from discovery that was used to track individual with gps and pull them over ?

In a case where they used gps on a vehicle to track person wouldn’t prosecution have to make it available for the defense in discovery ? her suppression was denied but the warrant could have shown premeditation for the traffic stop ! Cop said I was going to pull you over anyway but lied on the stand

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

No, not unless it was specifically requested and improperly withheld. The prosecution only has a duty to proactively provide the defense attorney copies of any exculpatory, mitigating, or impeachment evidence. Copies of other evidence are only provided if the defense attorney first makes a timely... Read more »

1 Answer | Asked in Domestic Violence, Criminal Law and Constitutional Law for Texas on
Q: After a family violence arrest can the right to purchase a firearm be reinstated?

My husband was arrested for a felony assault charge from his ex wife. The alleged assault was said to have happened when my husband supposedly closed a car door on his ex wife leg. This happened in 2011 right after their split. The alleged assault never happened and because of lack of evidence on... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jan 1, 2022

An arrest which does not result in convictioin or probation will not keep your husband from purchasing and possessing a firearm.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Texas on
Q: Is holding a mentally I'll person 27 months and not indicted cruel and unusual punishment

Filed by indictment was his book in..is that a legal indictment or does the grand jury have to indict him. He also was not evaluated within 24 to 72hrs. Can I file a writ of habeas corpus

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 29, 2021

If the person is being held on a felony offense, then, yes, the person has a right to be indicted by a grand jury before the State of Texas can prosecute him for that felony. The only exception to this rule is that an accused person in some cases may be allowed to waive (give up) his right to be... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can drving one block before stopping when an officer is pulling you over be considered eluding?

Is that grounds for probable cause to search and during an unconsented search can they snap their fingers and get the dog to jump inside the car thru the window?

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Nov 25, 2021

In short, yes. You can be charged with eluding if you willfully fail or refuse to bring your vehicle to a stop; or flee or attempt to elude a pursuing police vehicle when given a visual or audible cue from the officer to stop. However, you should hire a criminal defense attorney to review the... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Is it considered ELUDING IF YOU GO ONE BLOCK WHEN YOUR BEING PULLED OVER? AND WHEN COPS ARE DOING AN UN CONSENTEDSEARCH

Their fingers and get the dog to jump thru your car window 4 times?

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Nov 25, 2021

In short, yes. You can be charged with eluding if you willfully fail or refuse to bring your vehicle to a stop; or flee or attempt to elude a pursuing police vehicle when given a visual or audible cue from the officer to stop. However, you should hire a criminal defense attorney to review the... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Do I have to agree to a bail condition with out attorney present?

I have to report as if I am already on probation. I am not guilty for the charge. I did not have counsel at the time and during the arraignment, that judge didn't give it hand that out. I am innocent so I don't feel like this right anyway.

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Nov 22, 2021

The judge set bail conditions based on your background, criminal history, the severity of the offense, community ties, etc. Once you hire an attorney, your attorney can approach the judge to amend conditions.

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1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: If I sign an affidavit stating a gun is mine what will happen and what do I need to do and it's for my husband

We were both in the vehicle and it was closer to me than him cause it was mine he didn't acknowledge it until I told him that I had it in the car with us we got pulled over with our 2 friends to one had a gun with drugs without our knowledge and the other they charged him with a fire arm but... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 17, 2021

So of the four people in the car, you're saying everybody had a gun of some kind except for your husband? And your question, as I understand it, is what will happen to your husband and what might happen to you if you sign an affidavit stating that the gun in question is owned by you. Well let... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: If i skip bond for 180 days is my case done with?
Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 11, 2021

Well, no. Jumping bond is not rewarded by grating the "jumper" a victory in his case. I mean, as we say in Mexico, el duh!

1 Answer | Asked in Criminal Law, Constitutional Law and Government Contracts for Texas on
Q: Is it legal for a Texas probation officer to lower the cut off levels on a drug test (UA) for specific probationers?

My Texas probation officer testified in court that he “contacted the ‘lab’ to make special drug tests, set a lower cut-off levels for certain probationers” if he thought abuse had occurred. Is that illegal??

Kiele Linroth Pace
Kiele Linroth Pace
answered on Oct 10, 2021

You should always try to stay on your probation officer's good side while at the same time remembering that the judge is actually the final authority on what to do about any alleged violations. It is important to get your own attorney if they attempt to revoke or modify your probation.

1 Answer | Asked in Health Care Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can you sue for denying access to health care if laws enable unvaccinated people to overwhelm hospitals?

Just a thought experiment, but needed to be asked. Understandably, it would be difficult for a private citizen to file suit against the hordes of unvaxed choking the health care system, much like the novel SB8's workaround. While I understand the concept of sovereign immunity, I still... Read more »

Leroy Scott
Leroy Scott
answered on Oct 2, 2021

It’s all a big giant scary mess. I cringe every time I see political leaders on TV saying parents, the vast majority of which are not virologists and probably do not even own microscopes, should decide whether vaccines are in the best interest of their children. What if parents decide they should... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a person be charged with possession simply because they are in the car with someone and drugs are found under them?

If drugs are found under the driver seat of a car and the driver is the owner of the car, can the passenger be charged with possession because the driver/owner refuses to take ownership? If so, how likely is a case like that to stick?

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 14, 2021

You wouldn't be asking this question if this fact situation hadn't already occurred. So you know the answer already. The passenger(P) can be charged with possession. (If the assumptions I'm making are incorrect, then disregard my answer.)

If the P is charged based solely on...
Read more »

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