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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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1 Answer | Asked in Criminal Law for Texas on
Q: Should my son accept a plea deal or go to jury trial for a disorderly conduct charge for loud music?

My son must decide about a plea deal in 3 days. He was charged with disorderly conduct for allegedly playing music that was disturbing his neighbor. He leases the house and was not the person playing music. He answered the door when the police came. Playing music is how his band makes their... View More

John Cucci Jr.
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answered on Jun 10, 2024

Does your son have a lawyer?

I would tell my client to go to trial. Jury trial. A vague criminal charge is unlawful and an abuse of police power. The DA must show some kind of standard that the law has set as to the decibel level for loud music to be unlawful. That's why some cities...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

John Cucci Jr.
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answered on Jun 8, 2024

Sounds terrible.

All of the issues are part of Administrative process. The inmate has the right to have all of the paperwork and Notice of all the alleged violations by the inmate. You need to get all of those documents and comb through them to see if there really are violations, and...
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1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Texas on
Q: Probate in TX has an expiration of 4 years. Does that include entire process from start to finish legally?

My Brother's (ages 18 & 26) Father died in May 2021. The home is paid off, but everything is in their deceased Father's name. Vehicles, Property,Bills etc... my brother was told he needs to get Probate taken care of in order to have everything transfered in his name. What are the... View More

John Cucci Jr.
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answered on Jun 5, 2024

There are some issues that need to be addressed. There is a 3 year time limit on filing for a Probate or Administration for an Estate in TX.

Since there was NO WILL, there MUST be an Administration filed to establish an Estate and to administer the same. An Administration is filed when...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: how to remove current public records of felony marijuana conviction that was sealed in 1975?

I was convicted by guilty plea for felony possession of marijuana in 1975. After serving probation, my attorney got a court order saying the guilty plea was allowed to be withdrawn, and the indictment was dismissed and stricken from the docket. Also it says I was released from all penalties... View More

John Cucci Jr.
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answered on May 27, 2024

The answer depends on what you mean by sealed. If there is a court order saying that your conviction should be purged from the public records, you can file in-court to have that order executed and force the reporting agency to remove it.

Otherwise, I would need to see the paperwork which is...
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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: i have been charged for a class A misdemeanor in Texas. Warrant out for arrest i no longer live in texas

I have since moved out of state and i am unable to return to texas due to not being able to get time off from work. Can a Lawyer represent me on my behalf. The charge is for domestic violence.

John Cucci Jr.
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answered on May 25, 2024

If there is a warrant for your arrest, you will need to face it, and show up for a surrender. Otherwise, it will linger, and be a problem for you. Most police departments in the US, will not waste their time, if they run into you. But, you will be at risk for an arrest.

Some judges allow...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can we break lease if medically the humidity is making it hard for me to breathe?

I have lung condition and property has humidity 57-62% humidity. AC repair has been here 3X, recommended dehumidifier.

John Cucci Jr.
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answered on May 22, 2024

This is a tough question to answer without me looking at your lease. If you had the medical condition you would base your exit upon, it may not be OK to break the lease.

If the Landlord has provided you with a good safe apartment, and your health issue was not addressed in your lease, s/he...
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1 Answer | Asked in Criminal Law for Texas on
Q: What happens if you miss court for being incarcerated in another state but the bailsbond haven’t got off your bond?

My husband is incarcerated in another state (TX) but ended up missing court in (LA) due to him being incarcerated (he’s also on bond in LA) , what usually happens? Also the bailsbond company didn’t jump off his bond for missing court

John Cucci Jr.
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answered on May 22, 2024

The most important thing to do is get proof of your husband's time in the TX jail. That needs to get to his lawyer or the judge in TX. The bond didn't get cancelled YET. There are 60 days to get the proof of incarceration, before the bond is forfeited. At that point it will not matter,... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Filing a partition suit in Burnet Texas? X husband and I own a house in Burnet County. X husband is getting all rent

He won’t pay me the 50 percent of property we bought ten years ago. Any suggestions? I was told to file a “partition suit “ my email: bstommel@icloud.com

John Cucci Jr.
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answered on May 21, 2024

Your question says nothing about whether or not, you are getting divorced.

If no, then you have a problem.

If yes, or you already are divorced, then you can sue for your 50%, and an accounting, for immediate relief, and ask for partition or sale of the property, and split the...
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2 Answers | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

John Cucci Jr.
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answered on May 15, 2024

A Writ of Possession is where the Court instructs the Sheriff to give possession of a property or apartment to someone, who has a newly granted legal right to possession of the property. Example, is when an heir (son of deceased), has received an Order or decision of a Probate Court, naming him as... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: TCP 209.0057 what is a legit estimate of a POA of less than 2500 property owners to charge for a recount?

Our POA refused to produce the documents of TBC 22.158 prior to voting in the latest election on 5/11/2024. They also refuse to produce any documents even when properly requested through certified mail. Home owners are met with harassment and extra fees. A group of property owners want a recount of... View More

John Cucci Jr.
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answered on May 12, 2024

You are in a tough spot.

However, you have rights, by TX law, and by the by-laws and rules of the Association. Which can be attacked or dissolved, if you were to garner enough homeowner votes.

One way to gain some leverage is to sue the association for their actions that are not...
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1 Answer | Asked in Foreclosure and Landlord - Tenant for Texas on
Q: Landlord didn’t pay the mortgage and now we’re being evicted. I think she knew and still took my money. What do I do?

I have lease agreement everything. Can I press criminal charges

John Cucci Jr.
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answered on May 10, 2024

You can seek criminal charges against your landlord if you have solid proof. But it is always up to the police and the District Attorney, as to whether or not, the case will be prosecuted.

You can sue the landlord, and the foreclosing bank for possession. If your lease is for more than...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Who can legally carry a gun in texas?

My partner was denied to buy a gun in a federal background check for unknown reasons. He’s a permanent resident and not a felon and his background should be clean. He already owns a gun that was a gift from a friend. Is it legal for him to carry it?

John Cucci Jr.
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answered on May 10, 2024

There can be a lot of different reasons your partner was denied the gun purchase by the Federal background check. Those checks are done in an inconsistent basis and can be political in nature. He may have a name that is the same as a person who is a felon or has pending criminal charges. There can... View More

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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2 Answers | 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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