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Questions Answered by John Cucci Jr.
1 Answer | Asked in Criminal Law for Texas on
Q: IF A CASE HAS BEEN HEARD IN ONE COURT AND WAS DISMISSED AND DENIEDIN THAT COURT CAN THEY TAKE IT TO ANOTHER COURT

MY GRANDSON WAS ARRESTED FOR SOMETHING AND PUT IN JAIL. WHEN IT WENT TO COURT ,THE JUDGE DISMISSED IT AND DECLINED IT TWICE. THEY ARE STILL TRYING TO PERSUE THE CHARGES. TWO DIFFERENT JUDGES.

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

Your grandson will be happy to hear that the 5th Amendment to the US Constitution forbids a person from being charged twice for the same crime. If this is happening, you need to get a copy of both Indictments, and compare the two. The Indictment is the written instrument that must be filed to... Read more »

1 Answer | Asked in Criminal Law and Business Law for Texas on
Q: Hello, Is mere participation in a gifting circle (pyramid Scheme) a violation of TX Business and Commerce Code 17.461

I foolishly believed a friend when he said that participating in gifting circles was not illegal. I only paid money into the gifting circle. I never spoke with, promoted, or recruited anyone into this circle. I am being looked at as a possible suspect for promoting a pyramid scheme. The law... Read more »

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

To start, please do not tell anyone else, what actions you have done, unless they are an attorney. From what you wrote, Technically, you probably did not commit a crime when you joined the pyramid by tendering money for membership. However, if the police are talking to you or have told you that you... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can my husband sign his rights away to property that was bought well into our marriage without my consent?

My husband and his two brothers were buying 30 acres together. We had a mobile home on the property that we got behind on the taxes. His brother had him sign something that was supposed to keep them from taking the land or that is what I was told. Now I find out that it was something saying my... Read more »

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

Sorry to hear about your problem. If you are married EVERYTHING, either of you obtain that has value is "joint property." Thus, if your husband obtained an interest in land, the release of the ownership he purchased, would require your consent to be lawful and without recourse. To be... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: There has never been an open HOA meeting and this year we were hit with an increase and special assessment - can they?

New developer took over the community and according to records they purchased 71 lots in 2016 now they are saying they took over a poor HOA and now hitting the new homeowners with an increase and special assessments.

John Cucci Jr.
John Cucci Jr. answered on Jan 19, 2022

Sorry about your problem. The way you should proceed now is to get a copy of the HOA bylaws and/or rules. They should have language in there that covers Notice rules, Meeting rules, and other matters concerning the board of directors or executive positions on the HOA, and how that is done. Once... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Do cops need a separate search warrant to enter a 10x8 tool shed that is behind lock and key and is 75 foot from house

The shed was not specifically detailed on the warrant but at the end of the warrant it goes on to say (and any other structure or building on the premises).doesn't it have to be specific on where to search.also to get in the building they trashed my house found my girlfriends car keys that... Read more »

John Cucci Jr.
John Cucci Jr. answered on Jan 19, 2022

Your question has many legal issues. You nailed the first question: Do Police need a separate warrant for a locked shed? Maybe yes, maybe no. The answer depends on who's shed it is, and who, if anyone has dominion and control of the shed. The best case for you would be if you had a lease to... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Yes I understand I’m in trouble. Would you be willing to assist me ?
John Cucci Jr.
John Cucci Jr. answered on Jan 18, 2022

Yes!

My business is all about helping people in trouble.

1 Answer | Asked in Real Estate Law for Texas on
Q: what happens to me now and can I get them to stop?

The place I'm rent and still have a vail lease that doesn't run out for a 2 years. Now the place has been abandon by the owner and seized by the county. To settle out hoa debts. Now the hoa is harassing me daily to run me off. This is in Texas.

John Cucci Jr.
John Cucci Jr. answered on Jan 18, 2022

You do have some rights, however, you may need to start a lawsuit, in court, to assert your rights. You would need to find out if there are any pending foreclosure proceedings and whether or not, your landlord is still alive, or find out where they are and what their status is right now.... Read more »

2 Answers | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: I recently was charged for human “smuggling” in Texas passing the checkpoint in Zavala County, Texas. Please help

I don’t consider this to be smuggling since I didn’t gain no money and I didn’t cross anyone over the border the illegal aliens were already in Texas I just had to pick them up. And now I got a charge for this and pending court date.

John Cucci Jr.
John Cucci Jr. answered on Jan 18, 2022

Sorry to tell you that smuggling does not have to include traveling over a border. Simply kidnapping or transporting someone without their consent is a crime. The manner in which you handle the person you illegally transport, will determine how hard you will be punished.

I would need more...
Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: What can I do if I paid and attorney 7500 and he tells me he not my attorney he is working with my court appointed

So she can get paid

John Cucci Jr.
John Cucci Jr. answered on Jan 4, 2022

The good news is that all attorneys in Texas must provide the client with a Retainer in writing.

The retainer should state the amount of the fee and whether or not the fee is a flat fee, monthly fee or other kind of fee structure.

If you gave any attorney payment they must account...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Thank You, She refuses to show me the Will and it is not registered at the courthouse. I’m trying to prepare.
John Cucci Jr.
John Cucci Jr. answered on Dec 9, 2021

I believe this is the 2nd part of an earlier question.

If so, you can force her hand by sending her a certified letter demanding the Will. Like I said earlier, even if it does give 1/2 to her, you get to live in the house until you pass-away, or get re-married.

It sounds like she is...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My late husband left his half of the house to my daughter and I'm concerned about her forcing me to sell.
John Cucci Jr.
John Cucci Jr. answered on Dec 9, 2021

I assume when you said your late husband left his half of the house to your daughter, I assume it was done so with a Will. I would like to see the Will to give accurate advise. However, If you and your husband bought the property during your marriage, you can rest easy as you will get to use the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Who can I have prove to the courts that a photo had been tampered with?

My brother is getting charged with Manufacture & delivery Enhanced first-degree felony for a controlled substance. His lawyer he paid for withdraw himself from the case. They said they have him on video selling to someone. They sent him two screenshots of the video and said they can't... Read more »

John Cucci Jr.
John Cucci Jr. answered on Dec 8, 2021

Sorry to hear about your brother.

Your questions are many, so I can only give you short answers with this forum.

Your brother ( any defendant ) is entitled to know exactly what crime he is charged with, including where and when. If it is not in the Indictment, you can make a motion...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I file a claim against the property owner for damages due to a fire, which has left me homeless??
John Cucci Jr.
John Cucci Jr. answered on Dec 8, 2021

Your question leaves me with a lot more questions.

I assume you were the tenant at a property. I also assume there was a lease. If so, then the lease may have covered this issue and usually rules the situation.

If not, and you are saying that the fire and damage was caused by...
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1 Answer | Asked in Criminal Law for Texas on
Q: Do a transfer order have to be on file in order for a defendant to be tried in a totally different district courtroom

I was moved from one courtroom to another on the day of trial, but never agreed to do so

John Cucci Jr.
John Cucci Jr. answered on Dec 7, 2021

Your trial may be moved from one court to another. Its a different thing if that happens mid-trial, A trial technically starts when you swear-in the first juror. Also, if you are moved mid-trial, that is also allowed as long as you are not prejudiced.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Elder Law for Texas on
Q: My husband has early onset Alzheimer's, he is 71 and I am 69. I own property gifted to me as my seperate property.

Can I file transfer on death deed to my children, possibly as a Medicaid asset protection trust devise if he has to go to nursing home?

John Cucci Jr.
John Cucci Jr. answered on Dec 7, 2021

There are a few different ways to handle your issue. The simplest is a "Life Estate" where you deed the property back to yourself for the remainder of your life, then it automatically goes to the person you wish to obtain the property after you die.

This is great if you have a low...
Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Can a assistant D.A. alter the content of the indictment without taking it back to be rescreened by the grand jury?

Indictment doesn't match the complaint. Certain things that were voted on was changed by the A.D.A...

John Cucci Jr.
John Cucci Jr. answered on Dec 7, 2021

The State may amend the Indictment but they need to file a motion and get "leave of court" to do so. What's more is the change or amendment must not be so different that it changes the charges or otherwise prejudices the defendant.

Hope this helps.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Signed a lease, paid deposit and fees. Unit was to be ready on 1/15. Now they say the current people are not moving,

They don't have another unit in my price range and they are telling me I am out of luck and to call a lawyer. I now have 13 days to move and nowhere to go. Should they offer me a unit at the same rate as the lease I signed if available? They took my money and I have a signed lease.

John Cucci Jr.
John Cucci Jr. answered on Dec 2, 2021

Sorry to hear your problem.

For starters, you can not force the LL to give you a unit. However, the LL has breached the agreement you had. Do you have a written lease? If so, look for a section about performance or non-performance or breach. The recourse that is/are available to you might...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What requirements are needed for a Judge to sign off, and approve a search warrant for a residence?

Hello, my name is Reid. I currently work with a community that plays a game called FiveM (GTA Modded). In this virtual world it is a simulation of real life, including a police force, Department of Justice, Business Owners, and of course criminals.

In this community I have been appointed... Read more »

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

While this server is made to help the public understand the law, your request does fit for an answer as you will indeed be the person dispensing "real" warrants with consequences.

The simplest answer to what it takes to get a warrant signed by a judge is read the Fourth Amendment...
Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: if i am being charge with criminal mischief that happened like over a year ago and the took the the building down and

sold the property can i still be sentence and they had no one fix it they did themself thr same daY

John Cucci Jr.
John Cucci Jr. answered on Nov 16, 2021

I can try to answer your question, but I would need more information to give a full opinion.

If you have been charged with a crime, including damage to property, it does not matter if the "victim" easily fixed the property. Criminal charges are filed for something that happened...
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1 Answer | Asked in Criminal Law for Texas on
Q: I have 3 pending class c misdemeanors for disorderly conduct discharge disarm, can a witness testify against me?

On May 25th my eldest child was in trouble for bullying at school, which led to me disciplining her. While getting onto her my neighbor, came beating on my door. After the 2nd time he punched on my door and I was met with no response, I opened my door and there he stood. After explaining that my... Read more »

John Cucci Jr.
John Cucci Jr. answered on Nov 10, 2021

The District Attorney can call any witness he or she wants in the efforts to find you guilty of a crime. What's important is that you can also call up any witness you want to defend yourself. It sounds to me like you were justified for what you did.

I would see a lawyer who is...
Read more »

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