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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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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apartment managers will not give me a receipt for a cashier's check which pays for rent. That is their rule what do I do
John Cucci Jr.
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answered on Sep 21, 2024

The good news is that the cashier's check usually has a stub attached, which is good proof you paid. What's more is that, your cashier's check should be cashed against your bank account, so your proof of payment, and the identification of the person or business who deposited the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: How can I turn my 401k into real-estate and what would I need?
John Cucci Jr.
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answered on Sep 13, 2024

That is a loaded question. You can turn your 401k into a real estate holding for your retirement. There are some forms to be filled-out with the , and there are some time limits for the same.

The general idea is that you can buy property with the 401k money, then identify the investment...
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1 Answer | Asked in Foreclosure for Texas on
Q: if you defaulted on a mortgage for an investment prop. with a personal guaranty what can be done to prevent a judgement?

the lender has filed a suit against us and I am trying to see what options we have.

John Cucci Jr.
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answered on Sep 11, 2024

The best way to prevent a judgment on a mortgage, you guaranteed, is to pay what is due.

If the bank has sent you the default letter, and has requested and demanded an acceleration of the note, making the whole amount due, it will be sold at auction soon.

The only way you can stop...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can anything be done about my felonies? I'm tired of being punished.

I was convicted of 2 felonies at age 17 for False Alarm or Report and Burglary of a Building with intent to commit criminal mischief for breaking into an empty office building and spraying fire extinguishers with some friends when i was 17 in Texas in 2013. I have not been in trouble since. I am... View More

John Cucci Jr.
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answered on Sep 6, 2024

Being a Felon is a burden. To answer your question: "Can I do anything about my felonies?", I would have to see your court records. Some felonies can be expunged, or removed from your records. However, that is available in very few situations. If you pled Guilty, and there was no... View More

2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: adversely impacted by Texas bill SB 1801. The County Appraisal District is attempting to collect taxes for 5 years back

can we invoke "ex post facto" doctrine in this case

John Cucci Jr.
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answered on Sep 6, 2024

My understanding of the Bill you mentioned, is an additional part of the Tax Exemption law in Texas. The Bill allows the Tax Appraiser in each county to verify the property owner's exemption status every 5 years. That verification may be done in portions, and broken up into multiple years of... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: What does bring defendant to court in person withdrawal modification plea mean

My husband is on deferred probation but he's in jail for mtag

John Cucci Jr.
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answered on Sep 5, 2024

It sounds like they will be bringing your husband to modify the terms of his deferred adjudication, or to revoke his deferred adjudication, for a violation of the terms of the same. Depending on which county your husband had pled, you can look-up his case and the status. To Revoke someone's... View More

3 Answers | Asked in Divorce and Civil Rights for Texas on
Q: my soon to be ex hus somehow has gained access without consent to private info in my personal cell. Is this illegal?
John Cucci Jr.
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answered on Sep 5, 2024

Hard to say if your Ex Husband's possession of your private info is illegal. The following questions would have to be answered first:

1. How did he get the Info?

2. What is the nature of the info?

3. Is he publishing the info? If so, to whom?

4. Can you show...
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1 Answer | Asked in Criminal Law for Texas on
Q: If I paid an Attorney At a law office by phone $7,500 to represent me in a criminal case and when I showed up to court

He did not have any information for, didn't remember he was representing me, hasn't shown me any evidence pertaining to my case, wants me to sign for the probation offered, and doesn't even work at law firm I pd the 7500 to and no one there even attempted to let me know he was no... View More

John Cucci Jr.
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answered on Aug 31, 2024

Wow! The manner by which you were treated is terrible and unethical. To start, your lawyer should have had you enter into a written Retainer agreement, which should have basic language explaining the reason and scope of the attorney representation. If you hire an attorney and he has other... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Can I file a complaint and Sue a police officer for not doing there job when some breaks into your home

My home was broke into and tooken over by people that had no right to be in the home they physically threw me out and when I call the police they said it was a civil matter

John Cucci Jr.
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answered on Jun 22, 2024

NO!

The police do not have to enforce laws. While it is the job of the police to enforce criminal laws, you can not force them to do so. I know it sounds crazy, but that is the law. The only time a police officer must act, is when a "Special Relationship" has been established....
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1 Answer | Asked in Criminal Law for Texas on
Q: Should my son accept a plea deal or go to jury trial for a disorderly conduct charge for loud music?

My son must decide about a plea deal in 3 days. He was charged with disorderly conduct for allegedly playing music that was disturbing his neighbor. He leases the house and was not the person playing music. He answered the door when the police came. Playing music is how his band makes their... View More

John Cucci Jr.
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answered on Jun 10, 2024

Does your son have a lawyer?

I would tell my client to go to trial. Jury trial. A vague criminal charge is unlawful and an abuse of police power. The DA must show some kind of standard that the law has set as to the decibel level for loud music to be unlawful. That's why some cities...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

John Cucci Jr.
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answered on Jun 8, 2024

Sounds terrible.

All of the issues are part of Administrative process. The inmate has the right to have all of the paperwork and Notice of all the alleged violations by the inmate. You need to get all of those documents and comb through them to see if there really are violations, and...
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1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Texas on
Q: Probate in TX has an expiration of 4 years. Does that include entire process from start to finish legally?

My Brother's (ages 18 & 26) Father died in May 2021. The home is paid off, but everything is in their deceased Father's name. Vehicles, Property,Bills etc... my brother was told he needs to get Probate taken care of in order to have everything transfered in his name. What are the... View More

John Cucci Jr.
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answered on Jun 5, 2024

There are some issues that need to be addressed. There is a 3 year time limit on filing for a Probate or Administration for an Estate in TX.

Since there was NO WILL, there MUST be an Administration filed to establish an Estate and to administer the same. An Administration is filed when...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: how to remove current public records of felony marijuana conviction that was sealed in 1975?

I was convicted by guilty plea for felony possession of marijuana in 1975. After serving probation, my attorney got a court order saying the guilty plea was allowed to be withdrawn, and the indictment was dismissed and stricken from the docket. Also it says I was released from all penalties... View More

John Cucci Jr.
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answered on May 27, 2024

The answer depends on what you mean by sealed. If there is a court order saying that your conviction should be purged from the public records, you can file in-court to have that order executed and force the reporting agency to remove it.

Otherwise, I would need to see the paperwork which is...
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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: i have been charged for a class A misdemeanor in Texas. Warrant out for arrest i no longer live in texas

I have since moved out of state and i am unable to return to texas due to not being able to get time off from work. Can a Lawyer represent me on my behalf. The charge is for domestic violence.

John Cucci Jr.
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answered on May 25, 2024

If there is a warrant for your arrest, you will need to face it, and show up for a surrender. Otherwise, it will linger, and be a problem for you. Most police departments in the US, will not waste their time, if they run into you. But, you will be at risk for an arrest.

Some judges allow...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can we break lease if medically the humidity is making it hard for me to breathe?

I have lung condition and property has humidity 57-62% humidity. AC repair has been here 3X, recommended dehumidifier.

John Cucci Jr.
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answered on May 22, 2024

This is a tough question to answer without me looking at your lease. If you had the medical condition you would base your exit upon, it may not be OK to break the lease.

If the Landlord has provided you with a good safe apartment, and your health issue was not addressed in your lease, s/he...
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1 Answer | Asked in Criminal Law for Texas on
Q: What happens if you miss court for being incarcerated in another state but the bailsbond haven’t got off your bond?

My husband is incarcerated in another state (TX) but ended up missing court in (LA) due to him being incarcerated (he’s also on bond in LA) , what usually happens? Also the bailsbond company didn’t jump off his bond for missing court

John Cucci Jr.
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answered on May 22, 2024

The most important thing to do is get proof of your husband's time in the TX jail. That needs to get to his lawyer or the judge in TX. The bond didn't get cancelled YET. There are 60 days to get the proof of incarceration, before the bond is forfeited. At that point it will not matter,... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Filing a partition suit in Burnet Texas? X husband and I own a house in Burnet County. X husband is getting all rent

He won’t pay me the 50 percent of property we bought ten years ago. Any suggestions? I was told to file a “partition suit “ my email: bstommel@icloud.com

John Cucci Jr.
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answered on May 21, 2024

Your question says nothing about whether or not, you are getting divorced.

If no, then you have a problem.

If yes, or you already are divorced, then you can sue for your 50%, and an accounting, for immediate relief, and ask for partition or sale of the property, and split the...
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