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Questions Answered by John Cucci Jr.
1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I have signed the contract and inspection was completed, now I want to back out of selling my house in San Antonio.

Per my realtor the answer was no. Is there anyway I can back out? Of course after paying the buyers back for anything they have spent on inspection and ETC

John Cucci Jr.
John Cucci Jr. answered on Oct 14, 2021

There may be a way out of the deal. The contract for sale of the property will have language on this issue. If there is "specific performance" or other language that allows the buyer to have a court force you to complete the sale, then you have a problem, and can not stop the sale.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: i have been followed and watched for close to two months i believe by the DEA,but they wont speak to me .. why?

they also wont come knock on my door or any other house i may be at and i have even pulledin to the police station while followed but they dont come in why?

John Cucci Jr.
John Cucci Jr. answered on Oct 12, 2021

So if you are being watched, because you are conducting criminal activity, stop. Then 30 days later you will not see them again.

If you want to know if you are the target of an investigation, you can hire an attorney to contact the agency, and ask if you are truly a target. There may be...
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1 Answer | Asked in Criminal Law for Texas on
Q: In Texas, does the law say that the Grand Jury must reflect a representative cross-section of the community.

This is my fourth time to ask this question and no one wants to answer or knows the answer I guess. Is it unconstitutional if the make up of the Grand Jury doesn’t represent a cross-section of the community? Say the community is 50% Hispanic, 30% white, 15% black and 5% Asian then you can’t... Read more »

John Cucci Jr.
John Cucci Jr. answered on Oct 9, 2021

Your question does not have a perfect answer. Texas Criminal Procedure Law Chapter 19A details the qualifications of grand jurors. There is no specific provision that mandates a cross-section of ethnicity on the Grand Jury. However, the 14th Amendment to the US Constitution does allow for a... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: In Texas are you able to revoke a bond as the co-signer
John Cucci Jr.
John Cucci Jr. answered on Oct 9, 2021

When you sign a bail bond you are obligated to pay whatever it says in the contract that you sign with the bondsman. Every bond is made with a written agreement. If you are signing a bond agreement, the written terms of the agreement are your obligations. However, if the bondsman allows you, he can... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a Class A misdemeanor (theft) charge be enhanced to a 3rd or 2nd degree felony. For a repeat habitual offfender?

Individual has been to prison X2 for theft and a fraud crime and numerous small thefts . His lawyer keeps telling him they can do this but I can't find no where in the law books were such is alowd asept for a dwi

John Cucci Jr.
John Cucci Jr. answered on Oct 5, 2021

Hi:

Your question can be generally answered but I would need to see the "charging instrument" or Information, to give solid legal advice. Nevertheless, Misdemeanor crimes can have the sentenced enhanced or extended through Chapter 12 of the Penal Code of Texas. Thus, if you have...
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1 Answer | Asked in Criminal Law for Texas on
Q: In texas is there a 90 day psych hold? Can you get by a court appointed Atty during your hold?

My gentleman friend is being held in the Sheriffs holding cell for his 90 psych hold. Can they hold him that long with no representation?

John Cucci Jr.
John Cucci Jr. answered on Sep 26, 2021

Texas has laws that will allow a psychological detention (hold) where that person's criminal charges are dismissed. The detainee(patient) is ALWAYS allowed to have his or her attorney. When you are sentenced or placed under government custody or for Mental Health Services, you do not lose your... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Civil Rights for Texas on
Q: Can I do anything about DA submitting a court doc with my personal info that is public if I am under witness protection?

I am under witness protection due to being victim of aggravated assault with a deadly weapon but DA has shared the witness list which is now public information online. This is also shared with the defendants lawyer. The list shows my name & address. Is there anything I can do? I've tried... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

Your situation seems terrible.

Witness protection can have different meanings and different levels of protection. The DA's office should have a "victim's advocate" or something similar. It is usually the task of that unit or person to handle your concerns. If that is not...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Foundation issues after sellers disclosure indicates no issue.

We purchased a home from a wholesaler - the sellers disclosure stated no issues with the foundation, while remodeling the house we found issues with the foundation & was wondering what remedy there may be for resolution.

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

All real estate sales are made with a written agreement. That agreement will likely have language in it that covers or does not cover any defects in the foundation. The fact that it was a "wholesale" purchase gives me pause as it may have been excluded from any warranty.

Find your...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental paymen

I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental payments in excess of $45,000. I was never aware that I was a co-signer and thought I was just listed on the lease as being an occupant since I only stayed there a few weeks a month to... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

Hi:

I am a parent also.

So if you never signed anything at all, then you can probably get out of this mess. If you did sign, you need to defend yourself if the lawsuit has been filed. If you get served with sue-papers, do not ignore them. Get to a lawyer, and defend yourself....
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: How do I know if I’m being watched federally
John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

No one can know everything.

If you think you are a TARGET of an investigation with a federal agency, you can hire an attorney to make a formal request, as to whether or not you are a target of an investigation, or Grand Jury target. However, that will not assure you that you are not...
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1 Answer | Asked in Family Law, Contracts and Real Estate Law for Texas on
Q: Will we need legal help?

The owner of the house we just signed a lease/paid deposit for was working with a property management company but has fired them for his own reasons. They still have the property listed for rent, the lockbox hasn't been removed, and we want to make sure we're covered. We have a lease... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

If you have a lease signed by the home owner, you are in good shape. On the first day of the lease, you need to be there and occupy the house. That will solidify your tenancy. I would talk to the owner to confirm your move-in date. The fact that you paid the deposit puts you in good shape legally.... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Texas on
Q: i got a reverse mortgage loan. the company said they would pay insurance , they haven’t done so and it expired

the contract says insurance and taxes need to be kept up I am really concerned

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

So you are right to be concerned.

If the agreement between you and the mortgage company requires them to pay for home insurance, then they are obligated to do so. If that is true your best move is to send the mortgage company a certified letter demanding that they provide coverage. If they...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My boyfriend and I went half on a home in cash how can l protect myself if he decided to sell with out my consent

Both our names are on the deeds

John Cucci Jr.
John Cucci Jr. answered on Sep 3, 2021

You will be happy to know that if both of your names are actually on the deed, and the same deed has been filed in the county wherein the property is, then the property could never be sold without your signature. ( Unless someone commits fraud or forges your signature. )

If you are unsure...
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2 Answers | Asked in Criminal Law for Texas on
Q: My husband was incarcerated in another jail on the date the indictment is accusing him of a crime, dissmissal.?
John Cucci Jr.
John Cucci Jr. answered on Sep 1, 2021

Sorry to hear of your problem.

So what you have said is that you have proof that your husband was incarcerated on the day of the alleged crime. If so, it would be great proof to have the case dismissed. However, most DAs are not so quick to dismiss a case, even when it is obvious that the...
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2 Answers | Asked in Real Estate Law for Texas on
Q: I'm needing to transfer deed of parent by affidavit of heirship. Is there a timeframe of death for filing?

There's no will or durable power of attorney. Parent's was living with me at time of death; 17 mos. Do I file in Hays Cty or place of property Victoria Cty?

John Cucci Jr.
John Cucci Jr. answered on Aug 30, 2021

This question needs a little more information to give a full answer.

The question does not state who is asking. Is it the child of deceased, husband, boyfriend, or other. Status is very important when trying to answer a question on inheritance. There needs to be information on any siblings...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: The roof cover over the bathtub in my apt came crashing down. Can I sue the leasing since it could have been fatal ?

I had been complaining about disturbance and thumping from upstairs for a while and this is also one cause for the incident I believe. I was saved since I was not inside.

John Cucci Jr.
John Cucci Jr. answered on Aug 29, 2021

If a landlord is negligent or something on the property breaks due to lack of care by the landlord, there may be negligence. However, unless you are actually hurt ( not just scratches ), there is no lawsuit as there must be a breach of duty ( negligence ), by LL, coupled with that breach causing... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: How do I correct a light trespass in an unincorporated town in Texas?

Neighbor's wall pack security light encroaches onto our property.

John Cucci Jr.
John Cucci Jr. answered on Aug 23, 2021

Hi:

I would first suggest that you talk to your neighbor, who has the offending light. This may save you lots of time, trouble, and it is the right thing to do. . . if possible. I would like a more complete description of the light, the timing of it and other relative details, like whether...
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1 Answer | Asked in Criminal Law for Texas on
Q: Our son convicted of possession of child phonograph. TDCJ put child safety zone. Court nor parole board put this on.

We have Troy's judgement that we can send and also he has his paper work from the parole board that he received before going to the program and it said nothing about child safety zone. We understand that the trial judge and the parole board are the only ones who have authority to put... Read more »

John Cucci Jr.
John Cucci Jr. answered on Aug 23, 2021

Hi Mr. & Mrs. Johnson:

Sorry to hear about your troubles.

I would love to have more information and documents to give you a comprehensive answer. However, with the info you gave you are correct when you say only the judge or board may add or change restrictions on a sentence or...
Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: In TX can you expunge or seal “assault of family” misdemeanor?
John Cucci Jr.
John Cucci Jr. answered on Aug 20, 2021

To get an Expunction in Texas, there can NOT have been a Conviction for the underlying crime. In other words, if you were charged with family assault, but went to trial and won, you could get the arrest removed. But if you took a plea or were otherwise convicted, even if you only received... Read more »

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2 Answers | Asked in Criminal Law and Employment Law for Texas on
Q: In Tx how long does assault on family misdemeanor stay on record for employers.

I thought it was 7 years but that was in 2013 and I just applied for a job (2021) and it came out on my record and I was not accepted. Is the 7years after found guilty date or after the 5 years probation was completed?

John Cucci Jr.
John Cucci Jr. answered on Aug 20, 2021

While it might sound terrible, nothing on your criminal record gets removed automatically. You must apply for either an Expunction or Sealing of your record. The expunction, has very strict rules, and is only allowed when you have NOT been convicted, or when your conviction ( by plea or trial ), is... Read more »

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