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Texas Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: July 25th 2023 to December 6th 2023 been dealing with harassment, discrimination and a lot more.

So there's a police officer telling people I'ma drug dealer , claims my home is a drug home I been dealing with this officer from July 25th 2023 to December 6th 2023. As of right now I haven't been able to work and I'm looking for a new place to live as this officers... View More

James L. Arrasmith
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answered on Dec 30, 2023

Dealing with harassment and false accusations from a police officer can be a distressing and challenging situation. The allegations you're facing and the actions taken against you, such as illegal searches and property theft, are serious matters.

Firstly, if you believe that your...
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1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: If you're not indicted within 180 days.. How do you go about being released from the limitations of the bond.

Can you get your money back from the bondsman if you're not indicted within 180 days ( 1 year )

James L. Arrasmith
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answered on Dec 20, 2023

In Texas, if you are not indicted within 180 days for a felony charge, you may have grounds to request a release from the obligations of your bond. However, the specifics can depend on the details of your case and the type of bond you have.

For a surety bond (where a bondsman is involved),...
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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Neill Nwoha
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answered on Dec 29, 2023

The question here is whether the police officer is protected by qualified immunity. In this situation, i think a good case can be made that the arrest was a violation of your rights and that the police officers behavior should not be protected by the law, because this was a clear and obvious... View More

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 19, 2023

The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you)... View More

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2023

Yes, if the allegations were fabricated by the cop out of vengeance. It is very important to present substantial evidence of the past dealings and relationship between Joe Jones and the cop outside of the cop's occupational involvement with Jones.

Typically, when an employee acts...
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1 Answer | Asked in Civil Rights, Constitutional Law and Construction Law for Texas on
Q: If I am on a construction site that is on private property, can the security company legally ask me for my ID?

I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal... View More

James L. Arrasmith
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answered on Dec 17, 2023

On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: Is illegal, unwarranted search and arrest on the search and falsifying evidence a serious infraction against

Is it an infraction against DA and or Sheriff? If so what are the defendants options for recourse?

James L. Arrasmith
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answered on Dec 17, 2023

If you're facing a situation involving illegal, unwarranted searches and arrests, or the falsification of evidence, this is a serious matter that can potentially impact both the district attorney and the sheriff's department involved. These actions can constitute violations of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: during traffic stop officer claimed probable cause stating he smelled marijuana,not true, cuffed me and my son. just

before he begin to search my vehicle i told him i didnt give him permission to do so he stated again probable cause at that time i told him him that this was all wrong we havent done anything wrong and if we could get someone else out here cause this wasnt right he was lieing and he had no right... View More

James L. Arrasmith
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answered on Dec 17, 2023

If you believe your civil rights were violated during a traffic stop in San Antonio, Texas, you have several options to consider. Firstly, document every detail of the incident while it's fresh in your mind. This includes the officer's name and badge number, the time and location of the... View More

1 Answer | Asked in Employment Law and Constitutional Law for Texas on
Q: Can your employer ask you for a copy of your ISP bill if you work remotely from home?
James L. Arrasmith
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answered on Dec 17, 2023

In Texas, an employer may request a copy of your ISP (Internet Service Provider) bill if you are working remotely. This request is generally considered reasonable, especially if the employer needs to verify your internet expenses for reimbursement purposes or to ensure that you have adequate... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Texas on
Q: Do I have grounds for a discrimination lawsuit

My fiance just signed a contract for a tenant. The landlord didn't ask for a criminal background check just wanted to know who was staying in the home. I have a criminal background so now after we gave up the deposit and 1st month rent the landlord is saying that I might not be able to live... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, it's essential to first review the lease agreement that your fiancé signed. Check if there are any clauses regarding criminal background checks or requirements for tenant approval. If the lease was signed without such stipulations, the landlord's later refusal to allow... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Military Law for Texas on
Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?

So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very... View More

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Dec 8, 2023

Unfortunately, the statute of limitations is paused once a case is filed. However, you do have a right to a speedy trial. To avail yourself of that right you need to clear the warrant (this is something that an experienced criminal defense attorney should know how to do in the jurisdiction with the... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Military Law for Texas on
Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?

So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very... View More

James L. Arrasmith
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answered on Dec 8, 2023

Discovering an unexpected warrant can be unsettling, especially when it's linked to actions you were not involved in. The first step in addressing this is to contact a lawyer. An attorney can help you understand the specifics of the warrant and advise on the best course of action.

In...
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2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Employment Law for Texas on
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I

I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual.

With respect to your employer, in the absence of a written employment agreement that precludes your employer from...
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2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Employment Law for Texas on
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I

I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't

James L. Arrasmith
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answered on Dec 8, 2023

Your situation raises several legal concerns. Firstly, being terminated for damaging equipment you weren't operating seems unjust, especially if there's no evidence implicating you. It's important to review any employment contracts or company policies you were subject to, as they... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Constitutional Law for Texas on
Q: Can gaslighting a person with a mental health history of schizophrenia bipolar depression become against the law ?

I know it is when money is involved. But bottom line wrong and agents the conversational Rights of the people with a past history of mental health?

James L. Arrasmith
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answered on Nov 28, 2023

Gaslighting, which involves manipulating someone into questioning their reality, can be particularly harmful to individuals with mental health conditions like schizophrenia or bipolar depression. While gaslighting in itself is not specifically outlawed, its effects could fall under broader legal... View More

1 Answer | Asked in Constitutional Law, Civil Rights and Internet Law for Texas on
Q: How would I go about any concerns cyber security on my Google account concerning everything somehow being accessible

Without my acknowledgement or consent?

James L. Arrasmith
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answered on Nov 28, 2023

If you're concerned about the security of your Google account and unauthorized access to your information, it's crucial to take immediate steps to protect your data. Start by changing your account password to something strong and unique. Also, enable two-factor authentication, which adds... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What lawyer do I need for violation of my fourth amendment unlawful search at Wal-Mart

Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

The shopkeepers' privilege expressly grants an employee the authority of law to detain a customer to investigate the ownership of property in a reasonable manner and for a reasonable period of time if the employee has a reasonable belief that the customer has stolen or is attempting to steal... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What lawyer do I need for violation of my fourth amendment unlawful search at Wal-Mart

Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More

James L. Arrasmith
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answered on Nov 28, 2023

Based on the details provided, this appears to be a potential violation of your Fourth Amendment rights protecting against unreasonable searches and seizures. A few key points:

• Loss prevention personnel and police cannot simply demand to search personal belongings without consent or...
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2 Answers | Asked in Constitutional Law and Admiralty / Maritime for Texas on
Q: No judicial courts in America since 1789. So what jurisdiction are courts under? And is it legal?
John Michael Frick
John Michael Frick
answered on Nov 14, 2023

The Judiciary Act of 1789 established the federal court system authorized by Article III of the US Constitution. Federal district courts are authorized to exercise admiralty or maritime jurisdiction.

The current Texas state court system was established by the 1891 amendment to the Texas...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: I am a victim in a sexual assault case in Texas. Cops have had my phone 3 days, how do I get it back??

The police didn't have a warrant for my phone. I was supposed to get my phone back the next day, its been 3 and nobody i've talked to knows where my phone is or where I can go to find it. Can the police legally keep my phone as long as they want or do I have the right to get my phone back?

James L. Arrasmith
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answered on Nov 13, 2023

In Texas, as a victim in a sexual assault case, you have certain rights regarding your personal property, including your phone. If the police took your phone without a warrant, they may still keep it temporarily if it's considered evidence or relevant to the investigation.

However,...
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