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Questions Answered by John Cucci Jr.
1 Answer | Asked in Criminal Law for Texas on
Q: I let my sister hold $10,000 of my cash in Texas. Her husband lent us his car and it was damaged can he take my money?

he took my money from my sister and refused to give it back because his car was damaged. Is that legal?

John Cucci Jr.
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answered on Apr 20, 2024

Not legal unless the deposit of the money was for the purpose of securing or insuring the car you borrowed. What he did is called conversion, and may be considered a felony theft. If he doesn't give the $ back, or try to make arrangements with you, then you should call the police to get your money.

1 Answer | Asked in Criminal Law and Sexual Harassment for Texas on
Q: What are the ethics rules when a patient sexually assaults their doctor and the doctor continues to treat the patient?

A doctor is sexually assaulted by their patient, does not report the situation to law enforcement, and continues to treat the patient for another two years until their death. Is the doctor violating any ethics rules? Does the doctor have an obligation to refer the patient to a new physician who... View More

John Cucci Jr.
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answered on Apr 15, 2024

That's a horrible story!

The patient should have gone to jail!

Each State has ethical rules with which every Doctor must comply as part of having a license to practice medicine.

However, none of the rules limit the rights of any doctor, who is a victim of a crime....
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1 Answer | Asked in DUI / DWI for Texas on
Q: What should I do if have a dui and GAP insurance won’t cover the difference
John Cucci Jr.
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answered on Apr 2, 2024

Sorry about your trouble.

unfortunately, most auto insurance policies have exclusions on coverage when damage or losses are the result of a DWI event. There is some hope. If you have not been found guilty or otherwise will fight the DWI charges, you can still make the claim. Whether or not...
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3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

John Cucci Jr.
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answered on Apr 1, 2024

If the test you are referring to is being used to violate probationers, it can be called-out at a hearing to test the science and the reliability of the same. That would require the accused to file for a dismissal or "not true" before the hearing to revoke.

Unfortunately, to hire...
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1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

2 Answers | Asked in Criminal Law for Texas on
Q: A detective has left me a voicemail twice now asking me to call him. Should I return his call or have an attorney do it?

I am on probation currently. I have not had any contact with law enforcement and have not committed any new offenses of which I am aware. So it perplexes me why a detective is calling me. I know not to talk to police under any circumstances other than to invoke my 5th Amendment rights. I cannot... View More

John Cucci Jr.
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answered on Mar 24, 2024

I would not have you call back until you see an attorney. In my office, we have the client come in for an appointment and call the Detective on the spot, to understand what the issue is or was. It saves you and the attorney time, energy, and protects you from an ambush by police. Usually, the DET... View More

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My mom passed away. She had a house with a mortgage no will. Someone wants me to transfer title.

Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?

John Cucci Jr.
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answered on Mar 23, 2024

Be careful!

I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.

I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they...
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1 Answer | Asked in Real Estate Law for Texas on
Q: how can I transfer property (house and lot) title to my name? My husband died and left no will, we lived together here

My husband and I were married and have been living here for 10 yrs. We bought this house together but I found out that my name is not in the title when he died. We were living in this house when he died at the hospital and he left no will.

John Cucci Jr.
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answered on Mar 19, 2024

The good news is that the property is yours until your death, automatically.

There can be a snag, if you had any children during the marriage. But, if you bought the property during the marriage, while you both lived in TX, and have no kids from the marriage, the property is yours alone....
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1 Answer | Asked in Criminal Law for Texas on
Q: What is the standard for dismissing a class C criminal case?

This relates to a class C misdemeanor case (disorderly conduct) in a municipal court in TX.

If after the discovery the State fails to produce any credible evidence that could or would result in a conviction beyond reasonable doubt in a jury trial, can that be used as basis for dismissal,... View More

John Cucci Jr.
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answered on Mar 5, 2024

Texas does not have any simple vehicle for a motion to dismiss a criminal case. Your best move is to file a Speedy Trial Motion. If the State has no evidence against you, they will not be able to put on their case at trial, and the case will be dismissed. There are some very specific issues that... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Would my friend be at fault for hitting her ex-boyfriend on her grandparents property with a

He was told to leave numerous time and hade refused to do so I was then told by her he grabbed her by the neck and pushed it up as he was going to give her a kiss, and she refused to kiss from him, but he kept trying to force it on her so she told me that she grabbed a bat and hit him and she had... View More

John Cucci Jr.
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answered on Mar 1, 2024

She needs a good lawyer. I'm sure part of the reason she was arrested was because she admitted to hitting him. You must always keep quiet when speaking to police about anything you may have done. Even the borderline issues because police are NOT to be trusted. Any admission of physical contact... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I have a RTB on a cps case. My case was dismissed and expunged in court. Will this show on any background checks?
John Cucci Jr.
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answered on Feb 14, 2024

It does take some state agencies up to 6 months to expunge the records of your arrest. But it should all be cleared eventually.

Please understand that the State Expungement does NOT take anything off the FBI records. A Federal FBI search of you would still show the arrest, etc. However, the...
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2 Answers | Asked in Real Estate Law for Texas on
Q: Would it be possible to ever change my deceased mothers property to my name if she had no will.

My deceased mothers property is just sitting there and I've been paying her back taxes. When she was alive she stated she wanted to leave one lot and the trailer that's sitting on it to me and the other one with a trailer to my niece. I have 2 brothers and one sister I don't think... View More

John Cucci Jr.
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answered on Feb 4, 2024

Yes. To get it in your name exclusively, or exactly as your mom stated, you can have papers drawn up, including an Affidavit of Heirship, and agreements between your two brothers and your sister. If they all agree, you can have the property transferred as you stated. If they will not agree, you... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: My boyfriend has been charged with ASSAULT FAMILY/HOUSEHOLD MEMBER W/PRE conv. His bond conditions say victim unknown?

Is that normal for them to list a victim unknown or is this a paperwork error that could result in dismissal?

John Cucci Jr.
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answered on Feb 4, 2024

There is a problem with a victim not being named. Sometimes, the name is a "Jane Doe" to protect the victim, but victim unknown is too vague to stand up to a motion to dismiss.

It does depend, whether or not, the written charges are by Indictment or by Information. By information...
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1 Answer | Asked in Criminal Law for Texas on
Q: How can I get my record expunged online?
John Cucci Jr.
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answered on Feb 2, 2024

In Texas, there are very few things that can be expunged from your record. You must have won your trial, got your case dismissed in court, or had a deferred adjudication, that you completed, and had a judgment of no conviction.

If your case had one of the above results, you can only get an...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Selling an inherited home in Puerto Rico. Can my travel expenses be deducted when proceeds be distributed?

We do not live in Puerto Rico. I have traveled to PR 4 times in order to get the house ready for sale and also initiated and paid for all documents required starting with the “Declaratoria de Herederos”, appraisal, cleaning and other services to keep the house in good shape. Inclusive paying... View More

John Cucci Jr.
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answered on Feb 1, 2024

If the property is being sold through an Estate that is in court, allthe expenses to manage the property and in preparation for it's sale, can and should be accounted, and figured into the distribution to heirs.

If you do not have an attorney on the Estate case, you should get...
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1 Answer | Asked in Criminal Law for Texas on
Q: Could I also press charges against the multiple people who assaulted my 20 year old son besides himself?
John Cucci Jr.
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answered on Jan 30, 2024

You should be able to press charges if your son was assaulted. However, who you deal with at the police department will be important.

Did police get called to the scene immediately after the event? How badly was he injured? Did he go to the hospital?

The police are supposed to...
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2 Answers | Asked in Real Estate Law for Texas on
Q: I had my corporation stolen with a forged signature. Need advice on what to do to take the next step.

I am reaching out because I need legal assistance for a real estate fraud case.

I am not sure what my options are at this point, or how to proceed legally. Based on the information I have, I believe that a forged signature was used during the process, and the corporation was stolen. I am... View More

John Cucci Jr.
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answered on Jan 28, 2024

You need to act fast!

You can do a lot of damage control and undue any fraud if you move fast. It will require court intervention and may end up needing some police involvement. However, police are not needed. The court is needed.

See a lawyer ASAP. Gather all of your corporate...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: I received a harassment cease and desist letter from the police dept. Do they expire or have a statute of limitation?

Before my divorce, my then wife left me a note on my door one day telling me to no longer contact her for any reason. She blocked my email, phone number, and all social media accounts. One day, I sent a message to the only social media account she hadn’t blocked me from, one that she hadn’t... View More

John Cucci Jr.
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answered on Jan 27, 2024

Sorry to hear your troubles.

While there is no real time limit on a cease and desist, letter from the police, you should take it seriously.

If you need to contact her for a legal reason, you should hire an attorney to do that. If you can not afford one, you should call the police...
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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
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answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

John Cucci Jr.
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answered on Jan 19, 2024

Unfortunately, unless the court made it part of your plea, you can not seal or expunge a DWI conviction in TX.

If it was part of a Deferred Adjudication, then there may be a chance for an expungement. But, I would need to see all the paperwork and the final judgment. If the case was...
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