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1 Answer | Asked in Criminal Law for Texas on
Q: I'm being charged with willing n knowing having stolen property and the person that gave them to me saying I didn't

An my bondsmen went off my bond cause I didn't have the money n court is coming up

John Cucci Jr.
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answered on Jan 20, 2025

I didn't see a question in your posting.

The basics in a criminal matter are as follows:

1. Do NOT talk to police or the DA's office about anything. You are only required to give your name and address.

2. Remember that Bondsmen/Bondswomen, are usually NOT on your...
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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Can I sign for my ex wife on current loan paperwork if she refuses? By decree she’s not responsible for this loan anymor

Divorced 4 years I’m currently requesting a mortgage modification for my home loan which requires my ex signature to proceed since her name is still on the loan agreement but she refuses to sign my forms also refuses to submit a quit claim. Property was awarded to me in the divorce.

John Cucci Jr.
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answered on Jan 15, 2025

You can not sign for your ex-wife, without her permission, or authority.

If you are seeking a modification of your mortgage with the same lender as when you bought the house with your wife, you need to go back to the divorce court for a modified Divorce Decree. Otherwise, you should be...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: will a possession of marijuanna arrest without a conviction keep me from obtaining a massage therapy instructor license?

i was arrested in 2018 i completed pre-trial diversion and am eligible for expungement but it has not happened yet because of financial barriers. i have had no subsequent legal troubles or arrests. i have been a licenced massage therapist for over 10 years with no issues in retaining my license... View More

John Cucci Jr.
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answered on Jan 10, 2025

If you completed your DIVERSION program "satisfactory" and the judge told you in court, that your weed case was dismissed, then your application for a massage Instructor, will not be stopped or hurt, due to your past criminal charges. You should get the expungement as soon as you can.... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Foreclosure for property tax default is there a 2 yr right of redemption if notice was only served by mail or newspaper

Title company wants to add this exception to my coverage in Schedule B of the title commitment citing " Rights of parties served by publication to file a motion for a new trial at any time within 2 years from the date of the tax judgment in the suit. This is a vacant property already sold to... View More

John Cucci Jr.
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answered on Jan 9, 2025

You are correct in your reading of the redemption laws. However, there have been some cases, through appellate courts, that have given the person who lost their property, via tax sale, that were given a 2-year redemption period if the property was their last home. Regardless of whether or not, they... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is there anything that can be done for an attempted assault with a knife that happened in the past?

Happened between a father and son, son is an adult. Father got upset at son and told him to get out of his house as he approached son with a knife. This occured after Son tried to explain what he was doing to clean house before guests arrived. Son had to physically attempt to remove weapon for fear... View More

John Cucci Jr.
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answered on Jan 8, 2025

I assume the son was charged with a crime.

The best way to handle things is to get a witness or the victim to HAND-WRITE their statement stating exactly what you have told us at Justia. That should help. But do not do anything without the approval of your attorney. There are always things...
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1 Answer | Asked in Criminal Law for Texas on
Q: If I’m on felony deferred probation, and I successfully get complete it, am I immediately allowed to carry a firearm? TX

After I complete it, it goes as a dismissal, which means no final conviction. Which should mean I am clear to own and carry a firearm in Texas?

John Cucci Jr.
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answered on Dec 22, 2024

Once the judge says in open court, that you have completed your probation, and says your felony is dismissed, you can then have all of your civil disabilities returned.

I would get a certified copy of the dismissal, before I would get a gun.

I would also get my criminal charge...
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1 Answer | Asked in Criminal Law for Texas on
Q: How long does the d.a.office have to indict a person arrested for fraud in Texas before they have to dismiss ?
John Cucci Jr.
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answered on Dec 18, 2024

There are two (2) rules for the timing of an indictment in TX.

Once you are arrested for a FELONY, the DA has 90 days to Indict you. If they don't Indict you within 90 days, you can get the court to release you on an ROR bond. That means $0 bond. Released on your own Reconnaissance....
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1 Answer | Asked in Real Estate Law for Texas on
Q: Are foundation warranties automatically transferred to a new owner of a home that had previous foundation work done?

My wife and I purchased a home in 2020 that had previously had foundation work done by a company called Dawson Foundation Repair. The home started to show signs of settling in 2022, so we reached out to have them come adjust the piers that were already installed/potentially install additional... View More

John Cucci Jr.
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answered on Dec 18, 2024

An agreement from a private company is transferrable to a new owner. However, that agreement contains the details and obligations, of the parties to it. If you can get a copy of the original agreement, the terms of transfer will be there. If not, then there is a problem.

If there is a small...
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1 Answer | Asked in Criminal Law for Texas on
Q: Two years ago, I got a letter in the mail from another state ( Massachusetts) for a warrant if I remember correctly.

For stolen property I fell into a scam and had money deposited in my account it’s completely my fault. However I live in Texas, I am saving up the money so late next year I can get a lawyer. How will it affect me here in Texas for the mean time? Can I get my drivers license? I flew last year to... View More

John Cucci Jr.
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answered on Dec 17, 2024

A Felony warrant is a problem. If a police officer pulls you over, and runs a warrant check, if it shows up, they will arrest you. What's worse, is that they will hold you until they extradite you to MA. If you get a good TX attorney, they can work it out for you with an MA attorney. My office... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for Texas on
Q: How can I get a senting to jail over looked and dismissed ,

the state the probation and my lawyer all agreed on a second chance extend probation Ginsburg off my terms of probation and the judge said no to that and sentenced me to jail this is my first offense and I haven’t been in trouble the four yesrs following my arrest . When an mrt was issued I had... View More

John Cucci Jr.
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answered on Dec 3, 2024

It's hard to know your status right now. Meaning that I do not know if you are on probation right now or if you are concerned with a new charge.

If you are on probation, and need to detox, or other kind of help, your lawyer can make a motion to alter or change the details of your...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Apt manager obtaining signature of a Resident with a third party who hasnt signed the addendum to the Rental Deed. Is it

Legit? Towing the vehicle of a DISABLED without NOTICE just on the pretext that new LP details couldnot be conveyed to My Vip parking portal though the first time registered is done 5 months ago. Despite having my details with them not informing me before towing tantamount to utter disgrace,... View More

John Cucci Jr.
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answered on Nov 16, 2024

Sorry to hear about your LL problems.

There is no such thing as a rental deed. It's either a lease or an agreement to rent living space in TX.

The terms of any lease in TX, can be made or changed by the Landlord "LL" and Tenant, as long as BOTH agree. If you pay extra...
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1 Answer | Asked in Civil Rights and Small Claims for Texas on
Q: Am I able to take legal action with PayPal if they refuse to give me my money back after a refund is issued?

I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.

John Cucci Jr.
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answered on Nov 16, 2024

The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.

PayPal is obligated to give you a refund if...
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1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Can Foreclosure 3 properties in Texas. sue the scammer, borrow. I need to collect the money amount in notes. Not enoug

1. Foreclosure of three properties

2. Sue borrows for lost money, she is a scammer, who has many police reports and FBI reports over by other private JV partners.

They took money to fix the property and sell it, they took the money and never fixed it, waiting until the lender... View More

John Cucci Jr.
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answered on Nov 5, 2024

It is really hard to know what your questions are. Are you the seller/borrower? Are you the lender ?

I will assume you are the lender for this question. Texas has great consumer protection laws, which were made to protect consumers, and small businesses, from unsavory characters and...
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1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: What do I do if I am being charged wrongfully because my step daughter has been manipulated by her mother to hating me?

I am being accused of being charged with a misdemeanor assault on family, my husbands 15 yr old daughter has been manipulated by her mother to hating me after 7 yrs of being with her father now that she is older according to her mother she has a mind of her own and attacked me at a restaurant in... View More

John Cucci Jr.
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answered on Oct 15, 2024

Wow! That is a terrible situation.

The most important thing you can do is to NOT talk to anyone about your case anymore. Save it for your lawyer.

I would like to see the video to give you a solid answer about your case. If there are others who took video of the event and your...
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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Can a divorce decree recorded with the county serve as valid title transfer in Texas, or must a deed follow for owner?

Could a divorce decree in Texas be legally recognized as a sufficient transfer of title, similar to a deed, if it is recorded with the county? If not, what specific legal requirements or steps are necessary to convert a divorce decree into valid title ownership? For my adverse possession claim, I... View More

John Cucci Jr.
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answered on Oct 13, 2024

Your questions are complicated and hard to answer without seeing your Divorce Decree, and other deeds and filings on the property, prior to your Decree.

The short answer: No. A divorce decree does not transfer ownership or title to land. You need to get your ex to execute a deed, or you...
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3 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can I force a transfer of probation from one state to another if my living arrangements are unsafe or life threatening?

My current living arrangements for my probation in Arizona have become life threatening. I need to transfer my probabtion to Texas but I have some probation violations and I worry that may lead to a denial of transfer.

John Cucci Jr.
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answered on Oct 5, 2024

The first problem you will have, is what you already pointed out. It is unwise to ask for, or demand a change in your Probation, when you have failed to fully comply with your terms of probation.

Nevertheless, if you can show PROOF, that your life or health is under a clear and present...
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1 Answer | Asked in Real Estate Law for Texas on
Q: A cop took it upon himself to demolish my home and bragged to me he was going to do it on August 1 of this year when he

came out to my house and predicted he would do this, which he did two or three weeks ago after forcing me - and I meaning physically - into the psych ward of a hospital before commencing the demolition. I had no forewarning and everything is gone, and I mean everything. I want to sue this piece... View More

John Cucci Jr.
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answered on Oct 4, 2024

I'm not sure you have all the facts straight. I mean no disrespect.

A police officer does not have the power or authority to demolish any house anywhere. A city may demolish a house inside its limits, but only after Due process.

I have seen towns and cities demolish houses...
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3 Answers | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: How do I get my one year old back after 3 months away from me?

I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home

John Cucci Jr.
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answered on Sep 22, 2024

If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More

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1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: I live with my step-parents I'm 16 i work and pay for my own stuff

So I got grounded and my step parents took my vr and my phone that i paid for myself . Also they take my paycheck and put it in there bank account and only gives me $100 dollars out of each paycheck which i think is ridiculous cause I worked hard for that money what can I do....about that can I... View More

John Cucci Jr.
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answered on Sep 22, 2024

The status of step-parents has different meanings for different people and forums.

A legal step-parent, is a parent because the parent figure has ADOPTED the step-child. This creates the legal status of the child as if s/he was the natural-born child of the step-parent. Thus, that parent...
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1 Answer | Asked in Criminal Law for Texas on
Q: can i appeal to the supremre court of Texas

Exclusion of Expert Testimony: Whether the trial court committed reversible error by excluding the testimony of one of Ramirez’s expert witnesses, Dr. David Beaver, an Austin-based linguist, due to his limited “experience with South Texas culture.”

Limitation on Cross-Examination:... View More

John Cucci Jr.
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answered on Sep 21, 2024

You need to get a good Appeal Lawyer.

First: you need to file a Notice of Appeal Immediately! You have 30 days from your sentence to file the Notice of Appeal.

If you are past that time limit, you must still file the Notice of Appeal with the District Court Clerk immediately. After...
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