Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Cucci Jr.
2 Answers | Asked in Criminal Law for Texas on
Q: In a felony drug case what does it mean for the case when the Texas department of public safety lab results report

Disclosure event:sample switch discovered after results reported ; description of event: evidence was analyzed for incorrect case number

John Cucci Jr.
John Cucci Jr.
answered on Jan 20, 2023

The mixed-up lab test and results may be good news for you. This does not mean your case is going to be dismissed. However, it does show that the Lab and the Police, etc., have problems. That may turn into a win or a dismissal. There are many other factors in any criminal case. Hopefully, your... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Traffic Tickets and Gov & Administrative Law for Texas on
Q: Are San Antonio city ordinances, such as parking ordinance, enforceable in the cities Extra Territorial Jurisdictions?
John Cucci Jr.
John Cucci Jr.
answered on Jan 17, 2023

The answer to your question would require a look at the ordinances and the language defining the extra-territorial jurisdictions. Usually, all are enforceable.

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Texas does the defendant need to be in the same county as the arrest has taken place?

I was arrested for online solicitation of a minor under 14 in a police sting. The communication was taking place on a app and I was in Harris county and the officers were Montgomery county, there was a meet setup and the meet up was in montgomery county and that was where i was arrested. In 2008... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 17, 2023

Your question leaves out some possible scenarios. Sometimes all the actions of the defendant must occur in the same county. There are also possible crimes, including solicitation, that can result in a conviction, even if one of the elements or other actions of the defendant do not occur in the same... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Texas on
Q: I bought land in Belton, given a warranty deed claiming 100% ownership. Later I an adopted sister was on the tax rolls

The property sits on East Central and the absent half sister has contributed nothing for taxes, maintenance or management and she is a ward of the state. The first 90 days I owned it I was contacted by the city of Belton and informed I had less than 30 to get it cut or they would take action... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 14, 2023

You need a lawyer!

Your concerns are technical and deal with Estate laws and property laws and probably local government laws and rules.

A warranty deed is enforceable in court. But there are time limits on bringing a lawsuit. Your case seems complicated and would require a review...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: What exactly is a Non-Commencement affidavit on a Real Estate transaction registered with the state.

How serious is the government about perusing blatant false sworn affidavits that were a key part of cheating me out of rightful wages. After I cleared, staked, paid $15,000 for 58 tandem axel loads of engineered fill, installed erosion protection on one house pad and had my equipment operator... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 14, 2023

I want to help you but its hard to understand your questions. I would like to see any contracts that are the basis for the real estate transaction in which you are involved.

The terms of your agreement and TX laws will apply and probably answer your concerns.

Please ask again...
Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Should I get a new lawyer if I really and truly feel as I am not being represented to the fullest by the current lawyer

With a possible trail soon

John Cucci Jr.
John Cucci Jr.
answered on Jan 14, 2023

If you feel that your lawyer is not doing a good job for you, you are probably right.

Ask yourself:

Did the lawyer file any motions?

Did they hold any hearings?

Did they contact any witnesses.

Did they share the police reports or witness information?

Good luck!

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: If a person gets a paraphernalia charge for a pipe with substance in it is that final. Or are they gonna enhance later

Someone told me they will come back later with a felony charge

John Cucci Jr.
John Cucci Jr.
answered on Jan 9, 2023

The DA could charge you with possession of a CDS if it is extracted from the pipe and tested positive.

I hope this helps.

Good Luck!

1 Answer | Asked in Real Estate Law for Texas on
Q: Buyer changed tittle without closing and no agreement to transfer property over tittle company granted him ownership ..

Nothing was signed but a security contract stating it was an advance and rest of agreed amount would be paid at closing still waiting

John Cucci Jr.
John Cucci Jr.
answered on Jan 9, 2023

I was unable to understand what your question was. Please give me more details and tell me what you are concerned with. Basically, tell me what you want.

Good Luck!

1 Answer | Asked in Criminal Law for Texas on
Q: I bought a truck from a man and I drove it for 6 months. I got pulled over and found out the truck was stolen.

So I was charged and convicted for unauthorized use of a motor vehicle in Brownfield Tx. I received 12 months state jail. The vehicle was reported stolen from Seminole Tx and now I am being charged in Seminole Tx for the same incident I’ve been convicted for. Is that legal or is it double... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 9, 2023

It sounds like you have a few legal defenses to the new charge. I would need to see the new Indictment to properly advise you on the double jeopardy. There are some tricks to it, but if you were truly scammed on the initial purchase, why was that not raised as a defense on the 1st case?

You...
Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Real Estate Law for Texas on
Q: Need to know what law it falls under to file a suit against a police department a real estate agent and a mobile home

Mover. Please department for a failure to I don't know protect somebody when they tried to file multiple reports of being stalked raped Drugged ect.

Real estate agent for ethics for calling me causing me to be homeless with 2 children. Stealing thousands of dollars worth of merchandise... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 9, 2023

You can not sue the Police unless you have established a "special relationship." That has not happened in your matter. Unfortunately, the police have no legal obligation to make a report, investigate, or arrest anyone. Believe it or not, that's the law.

On the Real Estate...
Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Need info on unlawful possession of firearm by felon and would an affidavit from the owner of the vehicle help any?

My spouse has been Charged with unlawful possession of A firearm by felon. He got pulled over with a friend catching a ride home for a broken taillight, and was taken to jail for unlawful possession of a firearm by felon. The vehicle and the guns are registered to the driver. To his knowledge he... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 9, 2023

As explained by the other lawyer, There are a lot of issues that need to be addressed to help your spouse. Make sure no one talks on the jail phone about the case and strategy. It is ALWAYS recorded.

It sounds like a winnable case. But lots of work and preparation must be done.

Good Luck!

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for Texas on
Q: Someone altered a unpaid promisary note and filed a mortgage on my home

What do I need do do to get this unpaid mortgage realeased

John Cucci Jr.
John Cucci Jr.
answered on Jan 9, 2023

Is there a question?

Sounds like some investigations need to happen. If the note is based in fraud, it is not enforceable.

Get a good lawyer and get after it ASAP.

Good Luck!

View More Answers

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Texas on
Q: Hello, My question regards sale of land in Texas. I am one of 5 heirs to a very small tract of land.

I verbally agreed to sell my interest but didn't sign a sales contract. The realtor handling the deal had a sales contract that only had one party's name & signature as seller (not my name). The only info I had prior to closing was the sale price, that the proceeds would be split... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Dec 31, 2022

You need an attorney to handle this for you. The good news is that it should be easy to draft an agreement or release for the buyer to get their money back that protects you. However, I would need to see everything you previously signed, and anything presently offered for your signature.... Read more »

2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: Property in dayton texas. Is it required for Executor to do a document adding names to deed with approv of current heirs

Grandfather owner of land,had a WILL naming 6 heirs. My mother past1983 & my Grandfather past 6mo later. The 5 heirs left agreed to add my Mom 4children on as heirs.Probate was done 1984. Fast forward the Executor has past away recently and their are 4 heirs left, 3 sisters & Spouse of... Read more »

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

Yes!

It would have been great and easy if someone would have reduced everyone's intentions to writing.

Since that did not happen, you do need to clear up the Estate and wrap it up also.

The good news is if everyone works together, the solution would be relatively easy....
Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Civil Litigation for Texas on
Q: I need a lawyer to Sue Yes Communities or help us get out of our mortgage. What kind of Attorney do I need?

We have a mortgage but rent the lot. The office manager and her staff harassed my 14 year old son and then the office manager put her hands on him shoving him from behind. I would to Sue and if we can't then get out of my mortgage somehow so we are able to move and buy a house else where.... Read more »

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

The way to handle your situation is to get a good lawyer who has litigation experience and real estate experience.

I would need to know more about your mortgage to advise you on that.

If you are paying rent on the lot where your trailer home is, the contract will tell you most of...
Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: State jail felony poss enhance to 2 degree offering me 5yr. Think i can get probation have job work every day.
John Cucci Jr.
John Cucci Jr.
answered on Dec 15, 2022

Each case has different circumstances. Whether or not, you can get probation depends on many factors. Your criminal history, your age, your work situation, and your mental health, all matter.

Get a good attorney.

Good Luck!

View More Answers

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Finished deferred adjudication for felony possession of marijuana in a correctional facility in 2016. can i own a gun?
John Cucci Jr.
John Cucci Jr.
answered on Dec 11, 2022

If your original case which was the basis for your deferred adjudication has been dismissed by the court, and you have no other Felony convictions, you are NOT a FELON and therefore have no legal impediment to obtaining a gun.

I am assuming there are no other cases against you and no orders...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I’m writing a book about a hacker exposing a corrupt corporation. Can the hacked info be used to prosecute?

I want to know if someone can be arrested, tried and convicted based on information leaked from a third party? I’m doing some research for a book I want to write that revolves around hacking a corrupt corporation and have the information leaked. It wouldn’t be government related so there... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Dec 11, 2022

No matter how you expose criminal activity, there will be consequences.

Be careful!

1 Answer | Asked in Criminal Law for Texas on
Q: Fiance incarcerated for 180+days no indictment, what do I need to do to get him home.

Class a felony assault

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

If everything you posted is true, then you need a lawyer to file a Writ of Habeas Corpus. If he has not been indicted, the Writ should set him free. The DA can still try for an indictment. The time limit on any charges is probably 3 years. I would need more information for that answer.

I...
Read more »

4 Answers | Asked in Contracts, Criminal Law and Real Estate Law for Texas on
Q: Can we sue the previous owners of a home we just bought for falsifying their Seller's Discloser?

We purchased and closed on a home July 19, 2022. The Sellers falsified information on the real estate home disclosure form. Because they stated that everything was in working condition and failed to disclose many hazardous matters that they were apparently aware of, along with literally covering up... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Dec 12, 2022

It sounds like you have the basis for a lawsuit for breach of contract and/or fraud and other causes of action. There are statutes of limitations on Fraud that expire after ONE YEAR from the fraud or one year from the discovery of the fraud. Be sure to get a lawyer ASAP to avoid any statute... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.