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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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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.... View More
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
I have lung condition and property has humidity 57-62% humidity. AC repair has been here 3X, recommended dehumidifier.
![John Cucci Jr. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
How does writ of possession pertain to probate no landlord tenant
![John Cucci Jr. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
I have lease agreement everything. Can I press criminal charges
![John Cucci Jr. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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
he took my money from my sister and refused to give it back because his car was damaged. Is that legal?
![John Cucci Jr. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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.
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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.... View More
![John Cucci Jr. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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
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. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
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... View More
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