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Questions Answered by John Cucci Jr.
2 Answers | Asked in Criminal Law for Texas on
Q: Prosecutor saying he going to indict for second degree assault public servant.Is this a second degree felony?

Have been told that law has changed on assault public servant in Texas.Also body cam shows person kicking but don't show actually officer being kicked in jaw as he claims.Is it a weak case to take in front of jury trial for prosecutor?

John Cucci Jr.
John Cucci Jr.
answered on Sep 30, 2022

Mr. LeGrande is right! The DA tries to prosecute hard on any case where a public servant has been struck or injured. What's more is that no lawyer can tell you how good or bad your case is until they have all the evidence and discovery to review. There are many things to consider before you go... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: My niece is on parole and claimed this as her residence when released how do I remove her from my home

I didn't give my niece permission to live here and now I've got problems with her behavior parole board is coming to search premises because I've complained about her being here. I'm not equipped to care for financially or otherwise to have her here shes aggressive, difficult,... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 24, 2022

Unfortunately, if she has been staying there for over 30 days, you will have to evict her or make a claim that she is violating her parole conditions. If you do the latter (Parole Vio.), she will go back to prison.

Maybe you should tell her she had better find a new place, or face a...
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1 Answer | Asked in Criminal Law for Texas on
Q: My fiance is 66 and disabled and has serious health issues. Is there any way I can get him medically released from jail

My boyfriend health issues are as follows. High Blood Pressure, COPD,Severe Back and knee problems, Arthritis, Sleep Apena and Congested Heart Failure. Is there any way he can get medically released because of his health

John Cucci Jr.
John Cucci Jr.
answered on Sep 23, 2022

MRIS is a program in the texas department of Corrections that allows for screening and movement into a more medically intensive environment for a prisoner. There is a process to get evaluated and then the Doctors and /or administrators decide what measures of care and/or even release, would be best... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Texas on
Q: Transfer on death deed. How does that work? Is this better than a will? My moms only asset is her house.
John Cucci Jr.
John Cucci Jr.
answered on Sep 16, 2022

What you are referring to is a "Life Estate" deed which can be useful and save money and possibly other debts.

The Life Estate deed is generally used to avoid surrogate or probate court and to avoid the government from attaching the property if your mom has the need for medicaid...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can a Texas judge refuse to hear a motion? DA is offering a plea contingent on not having my motion to quash heard.

I have had a motion to quash submitted for over a year now. I am in pre-trial settings and the judge is refusing to hear my motion until the day of trial. Because of this, the DA is not going to offer their current plea if i wait until trial date to have my motions heard. I only want to plea if the... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 15, 2022

It is allowable to have a Motion witdrawn as part of a plea negotiation and deal. In otger words, you can withdraw your motion to get an acceptable deal. The DA can also withdraw a deal if you decide to go forward with a Motion. The idea is that a Motion takes time and effort and other work.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Libel & Slander and Wrongful Death for Texas on
Q: My so was wrongfully convicted double jeopardy and also denied when he filed for an appeal.
John Cucci Jr.
John Cucci Jr.
answered on Sep 15, 2022

Not sure what your question is. If you can ask exactly what your issue or question is I will be glad to answer for you. Otherwise please call my law office or another experienced criminal attorney for an appointment. Please have the appeal decision ready for any questions.

Good Luck!

1 Answer | Asked in Foreclosure for Texas on
Q: I was left property in my mother's will. I was paying the mortgage 2 years.

Bank and mortgage company were notified of her passing, and were accepting payment from me. Then property was foreclosed and sold with no notification, until after the sale...

John Cucci Jr.
John Cucci Jr.
answered on Sep 10, 2022

If you still have possession of the house/property, you can file in court for an injunction and stop the foreclosure. If you have left, you would have a very hard time getting back possession. Notice is a key part of any foreclosure. This would also be helped if you had the property put through... Read more »

3 Answers | Asked in Contracts, Real Estate Law, Tax Law and Small Claims for Texas on
Q: What to do if company won't honor warranty?

I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 10, 2022

This is a classic move by a home builder company. Unfortunately, it is time to sue.

You need to visit with an experienced lawyer who handles real estate contracts and litigation.

Your rights are in the agreement you entered into with the seller and/or builder. The details will...
Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: I tried to get out of my vehicle with my purse officer would not allow me to get out with it can he search it if I give

Consent to search the vehicle I did not give consent for purse

John Cucci Jr.
John Cucci Jr.
answered on Sep 6, 2022

I am curious as to why you were stopped by the officer. The context would probably matter in your situation.

I hope this helps.

1 Answer | Asked in Criminal Law for Texas on
Q: At a traffic stop by k9 officer he mage me leave my purse in vehicle I felt intimidated into consenting because if I

Refused the search the dog would of been used anyway. Can they search my purse because he made me leave it inside the vehicle

John Cucci Jr.
John Cucci Jr.
answered on Sep 6, 2022

In a regular traffic stop, an officer may ask you to exit your car for officer safety. The dog may not enter your car at first. The dog may sniff the outside of your car, if it shows a HIT, then the officer has probable cause to search your car.

The officer may not, in usual circumstances,...
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1 Answer | Asked in Criminal Law for Texas on
Q: A JUDGE HAS PREVIOUSLY PRESIDED OVER AND SENTENCED AN INDIVIDUAL CAN HE LATER ACT AS A MAGISTRATE JUDGE AND SIGN SEARCH
John Cucci Jr.
John Cucci Jr.
answered on Sep 4, 2022

Unless there is a "legal reason" to have the judge recused, then the judge can preside over any case assigned to him/her.

Legal reasons are:

Judge has a personal interest in the case;

Judge had previously acted as a lawyer in the case;

Judge has exhibited...
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1 Answer | Asked in Criminal Law for Texas on
Q: My girlfriend got arrested for possession and distribution manufacturing of an controlled substance.

She had a pipe and several baggies with trace amounts in each. Less than a 1/4 gram in total. She's never been in trouble before. What can we do?

John Cucci Jr.
John Cucci Jr.
answered on Aug 30, 2022

The best thing to do is not talk to police. Each county in TX has it's own way of handling drug cases.

Most go easy on a 1st offender. You should hire an experienced attorney who knows how to handle her case and keep the matter OFF her Record. It is still possible to walk away from...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I just purchased a mobile home and moved it onto my mother's 1 acre piece of land that she owns and that is paid off.

We signed an agreement saying that she allowed this to happen. Well we have since been in an argument and now she is threatening me if I don't move it off the property. She is also a cosigner on the loan to my home. What are my rights

John Cucci Jr.
John Cucci Jr.
answered on Aug 29, 2022

Your rights are what is in the agreement your Mom-in-law signed. I would like to see it, but you are in good shape if it has a long time period. If it is silent, she can evict you after 1 year, if it is on rural property.

If you have paid her for an indefinite period of time you are in...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Regarding a voluntary homeowners association in which the Board of Directors are not following the bylaws, is a voluntar

Is a voluntary HOA subject to follow TX Code 209 and/or Open Meetings Law?

John Cucci Jr.
John Cucci Jr.
answered on Aug 29, 2022

This is an unsettled question of law but seems to be that if you do NOT join a voluntary HOA, then you are NOT entitled to open meeting requirements or notices.

I hope this helps.

Good Luck!

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Texas on
Q: Can I file a quit claim deed on my fathers home without harm to his VA mortgage on benefits?
John Cucci Jr.
John Cucci Jr.
answered on Aug 27, 2022

The answer you seek would require me or any other attorney to review all of your dad's estate planning documentys and assets. Plus, the latest deed and lien on the subject property. Why are you giving a deed?

Do you own the property with your dad?

I can guide you, but do not...
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1 Answer | Asked in Criminal Law for Texas on
Q: My boyfriend was arrested and detained on fakse charges. Hes bipolar and suffered a crisis that led to the jail sending

Him to hospital. Without any notification to me abd his momThe charges were dismissed but he was transferred to a mebtal hospital. They won't tell us where though he signed hippa forms for me and her

John Cucci Jr.
John Cucci Jr.
answered on Aug 27, 2022

They do have a 72 hr hold sometimes to be sure of a suicide watch. After 72 hrs if you do not get in touch, call me or another attorney.

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Libel & Slander for Texas on
Q: Where can I get a writ of habeas corpus article 11.09 application form when charge can later be used for an enhancement?

It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...

John Cucci Jr.
John Cucci Jr.
answered on Aug 26, 2022

Habeas Corpus Writ Application forms should be available at the Court of Criminal Appeals website. If not, use the 11.07 app form and review the 11.09 rules to be sure you comply.

Good Luck!

1 Answer | Asked in Divorce, Real Estate Law and Appeals / Appellate Law for Texas on
Q: a divorce and decree order if one spouse was awarded sole property but both spouses are on the ownership can 1 evict

But on the 2 other properties the other spouse was awarded the properties yet one of the 2 properties is still in the other spouse's name And taxes are owed on all 3 properties Also no deed of ownership has been presented from the spouse trying to evict from the 1 property. Also the public... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 25, 2022

This is a thorny question. I would need all documents involved to give you a solid answer.

Get a good appeal attorney.

Good Luck!

1 Answer | Asked in Criminal Law for Texas on
Q: If I hired a contractor and he doesn't finish the job and I still owe him the last 10% can I take him for criminal

He has numerous complaints

John Cucci Jr.
John Cucci Jr.
answered on Aug 25, 2022

First of all DO NOT PAY a contractor untill they are completely finished with the job.

If you do there is a presumption that you were satisfied.

LMK how that goes.

Good Luck!

1 Answer | Asked in Criminal Law for Texas on
Q: Did the law changed last year on assault public servant.Is it 2nd or 3rd degree felony in Texas.?
John Cucci Jr.
John Cucci Jr.
answered on Aug 23, 2022

3rd degree felony!

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