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Questions Answered by John Cucci Jr.
1 Answer | Asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for Texas on
Q: How can I get a senting to jail over looked and dismissed ,

the state the probation and my lawyer all agreed on a second chance extend probation Ginsburg off my terms of probation and the judge said no to that and sentenced me to jail this is my first offense and I haven’t been in trouble the four yesrs following my arrest . When an mrt was issued I had... View More

John Cucci Jr.
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answered on Dec 3, 2024

It's hard to know your status right now. Meaning that I do not know if you are on probation right now or if you are concerned with a new charge.

If you are on probation, and need to detox, or other kind of help, your lawyer can make a motion to alter or change the details of your...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Apt manager obtaining signature of a Resident with a third party who hasnt signed the addendum to the Rental Deed. Is it

Legit? Towing the vehicle of a DISABLED without NOTICE just on the pretext that new LP details couldnot be conveyed to My Vip parking portal though the first time registered is done 5 months ago. Despite having my details with them not informing me before towing tantamount to utter disgrace,... View More

John Cucci Jr.
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answered on Nov 16, 2024

Sorry to hear about your LL problems.

There is no such thing as a rental deed. It's either a lease or an agreement to rent living space in TX.

The terms of any lease in TX, can be made or changed by the Landlord "LL" and Tenant, as long as BOTH agree. If you pay extra...
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1 Answer | Asked in Civil Rights and Small Claims for Texas on
Q: Am I able to take legal action with PayPal if they refuse to give me my money back after a refund is issued?

I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.

John Cucci Jr.
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answered on Nov 16, 2024

The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.

PayPal is obligated to give you a refund if...
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1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Can Foreclosure 3 properties in Texas. sue the scammer, borrow. I need to collect the money amount in notes. Not enoug

1. Foreclosure of three properties

2. Sue borrows for lost money, she is a scammer, who has many police reports and FBI reports over by other private JV partners.

They took money to fix the property and sell it, they took the money and never fixed it, waiting until the lender... View More

John Cucci Jr.
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answered on Nov 5, 2024

It is really hard to know what your questions are. Are you the seller/borrower? Are you the lender ?

I will assume you are the lender for this question. Texas has great consumer protection laws, which were made to protect consumers, and small businesses, from unsavory characters and...
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1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: What do I do if I am being charged wrongfully because my step daughter has been manipulated by her mother to hating me?

I am being accused of being charged with a misdemeanor assault on family, my husbands 15 yr old daughter has been manipulated by her mother to hating me after 7 yrs of being with her father now that she is older according to her mother she has a mind of her own and attacked me at a restaurant in... View More

John Cucci Jr.
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answered on Oct 15, 2024

Wow! That is a terrible situation.

The most important thing you can do is to NOT talk to anyone about your case anymore. Save it for your lawyer.

I would like to see the video to give you a solid answer about your case. If there are others who took video of the event and your...
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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Can a divorce decree recorded with the county serve as valid title transfer in Texas, or must a deed follow for owner?

Could a divorce decree in Texas be legally recognized as a sufficient transfer of title, similar to a deed, if it is recorded with the county? If not, what specific legal requirements or steps are necessary to convert a divorce decree into valid title ownership? For my adverse possession claim, I... View More

John Cucci Jr.
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answered on Oct 13, 2024

Your questions are complicated and hard to answer without seeing your Divorce Decree, and other deeds and filings on the property, prior to your Decree.

The short answer: No. A divorce decree does not transfer ownership or title to land. You need to get your ex to execute a deed, or you...
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3 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can I force a transfer of probation from one state to another if my living arrangements are unsafe or life threatening?

My current living arrangements for my probation in Arizona have become life threatening. I need to transfer my probabtion to Texas but I have some probation violations and I worry that may lead to a denial of transfer.

John Cucci Jr.
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answered on Oct 5, 2024

The first problem you will have, is what you already pointed out. It is unwise to ask for, or demand a change in your Probation, when you have failed to fully comply with your terms of probation.

Nevertheless, if you can show PROOF, that your life or health is under a clear and present...
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1 Answer | Asked in Real Estate Law for Texas on
Q: A cop took it upon himself to demolish my home and bragged to me he was going to do it on August 1 of this year when he

came out to my house and predicted he would do this, which he did two or three weeks ago after forcing me - and I meaning physically - into the psych ward of a hospital before commencing the demolition. I had no forewarning and everything is gone, and I mean everything. I want to sue this piece... View More

John Cucci Jr.
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answered on Oct 4, 2024

I'm not sure you have all the facts straight. I mean no disrespect.

A police officer does not have the power or authority to demolish any house anywhere. A city may demolish a house inside its limits, but only after Due process.

I have seen towns and cities demolish houses...
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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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