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Questions Answered by John Cucci Jr.
1 Answer | Asked in Criminal Law for Texas on
Q: My son was involved in a scam that defrauded $12,000 from Bank of America.

Is it automatic that they will prosecute

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

No!

It is not automatic that he will be prosecuted.

If the DA's office or the police come to see him or otherwise contact him he MUST get a lawyer to help. Many times the Law will have an alternative method to resolve the debt and avoid a criminal charge. It is not always...
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1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Texas on
Q: If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble

If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble if they were told to not come back by my mom.

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

This is a sticky situation. If you live at the house, you can invite anyone to come see you. However, I would not expect them to "hang out" at the house. You would need them to only stay in your room. Thus, they can come pick you up, or visit you in private, but to do so is asking for... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: What compliance/regulations do I need to be aware of when taking investments from potentially non accredited investors?

I have a real estate investment company that focuses primarily on wholesaling. I come across the best off-market deals and want to begin flipping houses using investor money. What compliance/regulations do I need to be aware of when taking investments from potentially non accredited investors for... Read more »

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

What you are asking is a very complicated question. If you are acting as a fiduciary for investors you will need a license to do so in Texas. The way around that is to have investors become partners with you on a deay by deal basis. You would need to carefully set-up a different company for each... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Foreclosure for Texas on
Q: Good afternoon I like to know , what should i do regarding my home foreclose.

I have a past due ( 3 years) mortgage and due to pandemic ( lost job and parents hospitalized) could not able to pay . I have tried several time to modify the past due also requested for payment option. each proposal they turn down and send me a demand letter for full past due . Now i received a... Read more »

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

In Texas most mortgages are secured by a Note, a mortgage, and a Deed of Trust. Unfortunately, that allows the Bank to forclose without going to court. That letter they sent you is for real! Do NOT ignore it.

Your only real legal move is to file a lawsuit against the Bank to STOP the...
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1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: In Texas, what can I use to amend a complaint to add an additional plaintiff to the lawsuit? And do I add evidence?

Its a trial de neuvo and I want to add a plaintiff to join me not sure if I must write an introduction or state other facts. Or must it be a motion?

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

TX rule of Civil Procedure 502.7 is the rule to follow to amend your petition. A portion of that Rule is as follows:

a)Amending Pleadings. A party may withdraw something from or add something to a pleading, as long as the amended pleading is filed and served as provided by Rule 501.4 not...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can someone with a valid prescription for diabetic drug Jardiance have it mailed from a pharmacy in Canada legally?
John Cucci Jr.
John Cucci Jr.
answered on Mar 21, 2022

Yes. If the prescription is from a doctor in the US.

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Texas on
Q: a previous property management stated "unauthorized service animal" on a rental history, is this illegal?

My daughter moved and on the rental history from the previous property management they stated 'unauthorized service animal' her dog is a certified Emotional Support Animal.

John Cucci Jr.
John Cucci Jr.
answered on Mar 21, 2022

It is hard to understand what your issue is. If your daughter has moved out, then she no longer has a legal relationship with the landlord. If she was evicted because of false representations by the landlord, that is a different issue.

Yes, it is unlawful to evict, reject, or charge for a...
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2 Answers | Asked in Bankruptcy, Foreclosure and Child Support for Texas on
Q: I had a property lien on my home unjust but the attorney general, even after the back pay was discontinued (no arrears)

They refused to remove the lien . The AG over charged me for child support, financially crippling me , I had to get property tax loans , this went on for 10 years .. My way out was to refinance my house , but because of this fraudulent lien I was unable to refinance.. I’ve gotten the run around... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Mar 21, 2022

It is hard to tell what your question is. Nevertheless, it seems like you want to know if you can un-do what has happened to you.

If the house has been sold at a foreclosure auction by the Bank, that is one scenario. If the AG has sold your property for past-due child support, that is a...
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3 Answers | Asked in Criminal Law, Agricultural Law and Environmental for Texas on
Q: I got a warning but no citation, do I have to appear in court?

I got a warning from a TPWD Game Warden for no hunter's safety certificate. I was told to email proof of completion to the local judge and the issue would be resolved, i wouldn't have to appear in court (I have already done so). There is a handwritten appearance date at the bottom, what do I do?

John Cucci Jr.
John Cucci Jr.
answered on Mar 21, 2022

Your question is a bit confusing.

It sounds like you received a Warning from the Officer, with the condition that you send your proof of the safety class to the judge. You then seem to say you went to court as noticed. So if you did not yet go to court, then you need to send your proof of...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: Can I request transcripts of prior court case and enter it as evidence of perjury in a new case? And if so, how?

My ex-wife was caught lying to a judge a few years ago regarding violating an order of protection against her then-boyfriend. She was confronted, admitted to it, and then verbally reprimanded by the Court. Later she married the guy, and he ended up involved in four DCFS cases against my son (whom... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Mar 17, 2022

You can request the transcript of the proceedings wherein your ex lied to the court. Because you were a party to the former proceeding, you are entitled to get it. However, not every court has every proceeding recorded in Texas. You should make sure there is such transcript first. Then you can... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can I get commission if I have a buyer rep agreement but my buyer decided to go directly thru a new build without agent?

My client sent me a text they were going to work directly with new builder and decided not to put me as their agent. I do have a buyer's rep agreement and was wondering if I could still get a commission from the sale. I spoke with sales-rep and they said if buyer did not include me, I would... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Mar 13, 2022

I can tell you that whether or not you can enforce the buyer rep agreement depends on the exact language in the agreement. The fact that the buyers want to change the terms or their obligations, means nothing if they breach the agreement you both signed. Many new builders, insist on a certain... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Military Law and Social Security for Texas on
Q: I need a lawyer to review some evidence I have to decide if I have a credible case and what the fee might be.
John Cucci Jr.
John Cucci Jr.
answered on Mar 9, 2022

A good lawyer can review your evidence and tell you the value and whether or not it is admissible as evidence. Whether or not something is admissible often depends on what purpose or what theory of the case you are trying to prove.

I hope this helps.

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1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: My self and my wife own a property with an in law and now his son is claiming power of attorney with no proof.

We are currently trying to sell the property but we can't get a hold of the in law and his son is the only one who knows where he is none of his family has seen or talked to him in 8 months and now his son claims his father gave him power over his affairs and won't show documents stating... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Mar 8, 2022

You are in a tough position.

I would want to see the deed which gave you and your in-law the property. If the person has Power of attorney they would show it to you. A power of attorney can be rejected by the maker at any time, if that matters here.

While you can sell your interest...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I own my grandmother’s home I TX with my aunt. I have paid all the ta es for ten years. Her children want us to sale it

and split the proceeds. I have paid all the property taxes for 10 years. Can I force them to sign their half o we to me?

John Cucci Jr.
John Cucci Jr.
answered on Mar 3, 2022

Your situation is not simple. To give you solid advice on what to do I would need more information. Did your Aunt recently pass-away? How did you receive the property? Was it through a court proceeding?

If you paid all the taxes for the past 10 years alone, then you are in the power...
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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I'm meeting with a detective tomorrow regarding my ex who assaulted me. A lady I know who is coocoo called 911 on my ex

I know she told them it was me but it's her on the recordings. Can they know? How well do they listen to these? I figured she would HV checked that first

John Cucci Jr.
John Cucci Jr.
answered on Mar 2, 2022

Please be careful. Unless you are attempting to press charges on you Ex for assaulting you or abusing you, I would not talk to the police without a lawyer.

To answer you specific question: There is a way for an expert to determine if a voice on a recording is yours. The science has been...
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1 Answer | Asked in Criminal Law for Texas on
Q: Person called 911 on myex they try to blame me even after i told them was joking can you b guilty

If you told them specific details of the pers but I was home with kids how do I proceed they're lying

John Cucci Jr.
John Cucci Jr.
answered on Mar 2, 2022

If you are saying that you called 911 as part of a joke, then you can be charged with a crime.

I hope this helps.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can a notary have two 2nd degree felonies for “FRAUD USE/POSS IDENTIFYING INFO # ITEMS 5<10” on her record?
John Cucci Jr.
John Cucci Jr.
answered on Feb 28, 2022

The Secretary of State of Texas has the authority to appoint someone as a Notary Public. There are some basic eligibility rules that can disqualify someone from being a Notary Public. The law is as follows:

The Texas Government Code at Title 4, Sec. 406.004. ELIGIBILITY. (a) Each person...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can you get a passport with an outstanding warrant?
John Cucci Jr.
John Cucci Jr.
answered on Feb 26, 2022

You can try. But I guarantee when you return to this country, you will be arrested.

The reason I say you can try is because I don't believe the PP application asks if you have any warrants. The Government does do a background search on you as part of your PP application. Not all...
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1 Answer | Asked in Family Law, Real Estate Law and Probate for Texas on
Q: What form can I use for sibling inheritance buyout real estate form

My sister wants to buyout my half of house that we both inherited. What form can I use to put it In writing

John Cucci Jr.
John Cucci Jr.
answered on Feb 25, 2022

I couldn't give you the name of any particular form for the transaction you wish to make with your sibling. There are many issues to consider. Without a full review and search of the records and deeds regarding the property, and the manner in which your parents received the property, I could... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: If I was detained for a felony but then let go hours later with no consequences, can I have a felony on my record?

I wasn’t given any paperwork, the vehicle used was eventually returned to me after filing a petition.

John Cucci Jr.
John Cucci Jr.
answered on Feb 26, 2022

If you were never formally charged, and no one ever filed a Felony Information or other accusatory instrument against you, you will NOT have a felony on your record.

If somehow a charge was actually written and filed in a court, you will not have a fcelony conviction on your record,...
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