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Questions Answered by John Cucci Jr.
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

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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?

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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?
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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.

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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.

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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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1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Texas on
Q: Good morning, My husband (which we are currently separated living in different homes) decided to have a protection

order against my church pastor (which this was informed to me verbally, but no written evidence was provided by him) even though I requested it. Me and my children go to this church, and is very small and the pastor, his wife and his family have become truly a family to us, helping us even in times... View More

John Cucci Jr.
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answered on Jan 19, 2024

Yes you can.

If there is an Order of protection against anyone, it must be Noticed to the person who it would be against. Thus, if there was an OP against the Pastor, he would have received Notice of it, and a Notice of a court date for him to dispute it.

If none of that has...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Does offering a loan to buyer, based on agent's commission, & forgiving the loan for successful referrals, violate RESPA

I have a question regarding real estate law in Texas. If a buyer agent offer 100% of the buyer agent's commission to the buyer at closing as a loan and the buyer needs to pay back the loan over the terms of the mortgage (30 years). Subsequently, if the buyer makes 1 referral who successfully... View More

John Cucci Jr.
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answered on Jan 17, 2024

Real Estate Agents/Brokers, can NOT share any part of a RE sales commission with someone who is not also licensed to sell RE. What's more, the new sale, and those involved would ALL have to receive Notice of the parsing-out of any sales commission. So it is unlawful for at least two (2)... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If I have a case that’s suppose to be a felony , but it’s no case or case number on the case what can I do

Never been to court for the felony , only the misdemeanor which was thrown out .

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answered on Jan 16, 2024

If you were never actually charged with a Felony, the DA may never file against you.

There are time limits on all felony charges. They are called Statutes of Limitation. Some felonies must be brought against a defendant within 3 years. Some crimes have longer time limits, like Murder and...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I be punished if my motion camera moves automatically and puts my neighbor and her house in the camera view?

She never told me the camera bothered her, instead she posted on Facebook about it and asked who knew of a good lawyer. This all started when I posted an automatic audio recording of her screaming at the top of her lungs at 10:27pm scaring me my sick son out of our sleep. I have had issues with... View More

John Cucci Jr.
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answered on Jan 15, 2024

That's a tough situation. Generally, you should not be filming in other people's house or yard, as that is, at some level, an invasion of privacy. At it's worst, it could be considered, stalking and maybe other misdemeanors, like harassment, or a sort of trespass.

Be...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: I was convicted of Marijuana possession over 4ounces 50 years ago in Dallas County, Texas. Can I legally buy a firearm?
John Cucci Jr.
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answered on Jan 13, 2024

There are three ways you can be qualified to buy a Firearm in TX, as a prior convicted felon..

1. Get a pardon from the governor;

2. Receive permission from the local Sheriff to buy and possess a FA; or

3. Have your conviction expunged by District Court Order. This last one...
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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

John Cucci Jr.
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answered on Jan 12, 2024

It looks like you are from San Antonio.

There are some lawyers who do take Police Misconduct case, all over Texas. However, the likelihood of an attorney taking a police misconduct case, is low. The reason is, even with good facts and proof of liability against the officer or Police...
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1 Answer | Asked in Criminal Law and Child Custody for Texas on
Q: I've been falsely accused of sexual assault of a minor as a minor over the age of 14. I am now 30. Can you help me?

My sister has falsely accused me of assaulting her when we were younger in August of 2023. Juvenile had me come in for fingerprints September of 2023 and an assessment January 3rd 2024 , and January 5th 2024 I was called and given a court date for the case on January 19th 2023. I have evidence this... View More

John Cucci Jr.
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answered on Jan 5, 2024

Do NOT talk to anyone else about your case or the circumstances surrounding it. Get a great lawyer ASAP!

These cases are terrible and the State and the people working for the State are going to steam-roll you! Do not talk to any police, or detectives. Tell everyone that you want a lawyer...
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1 Answer | Asked in Criminal Law for Texas on
Q: What motion says the state has 180 days to pick u up from prison for court after 3 bench warrants & still not picked up

My loved one has been in prison 2 years on a drug charge but caught an illegal dumping charge before the drug charge. He has had court every month but they don't pick him up. I went to the court and the Assistant DA told me that his court appointed lawyer could file a motion to get the case... View More

John Cucci Jr.
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answered on Jan 4, 2024

There is a lot going on for your loved one.

It is true that if an arrest has been made, or a charging instrument (not Indictment) on a case, and the DA does not get an indictment within 90 days or the DA fails to produce an accused within 180 days, a Motion can be made to dismiss the...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can anything be done when a drug court coordinator is bias against an offender to the point of sanctioning for rediculou

The coordinator is part of a team that is supposed to help these offenders get better. Not constantly belittling them to the point of giving up and wanting to go Awol

John Cucci Jr.
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answered on Jan 4, 2024

Unfortunately, some Court Coordinators are not nice people. However, you must keep your cool. Do not let some miserable person drag you into her sad world. Just keep up everything you are required to. Once you have completed your sentence, etc., you should write to the judge and let them know of... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is online fantasy ageplay between consenting ADULTS illegal in Texas?

I partake in the BSDSM kink ageplay and DD/LG to cope with trauma from my childhood. I make it clear I am a legal age to my partner before roleplaying a young age. This is fantasy, text only, no pictures are EVER exchanged.

Due to the sexual nature of the private conversation having to do... View More

John Cucci Jr.
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answered on Jan 4, 2024

What you have asked, confined to the exact language you have sent, is NOT illegal. If the conversation and subject matter, stay as such, you are fine to continue. Criminal liability would be implicated if any child, or involvement of children, were involved. Also, be sure the conversations are only... View More

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