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Questions Answered by John Cucci Jr.
1 Answer | Asked in Criminal Law for Texas on
Q: I have a warrant for exploitation of a child / elderly what does that mean in Texas ?

I never touched either of these boys and they will swear to the police that I did not.

John Cucci Jr.
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answered on Nov 13, 2023

Do NOT talk to the police without a lawyer. Even if you think you have great proof that you are innocent, they will lie to you and get you talking, etc.

Call a good lawyer and admit nothing. The boys may have made statements to CPS already. Invoke your right to an attorney.

If the...
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1 Answer | Asked in Criminal Law for Texas on
Q: Hello, 2006 I finished up everything on a felloney asult and Battery. Question: can I buy a hunting shot gun tx or n.m.

I live in el paso texas now but am thinking about moving to New Mexico

John Cucci Jr.
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answered on Nov 12, 2023

Once you have been convicted of a Felony, you lose your gun rights.

You can recover your ability to possess a gun if you receive an Expungement or a Relief from Civil Disabilities from the court.

The only other way you can recover your right to possess a gun is to ask your county...
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1 Answer | Asked in Civil Rights and Civil Litigation for Texas on
Q: How can I get my car back if it's been seized and my case thrown out?

Please officers seized my car there was illegal immigrant in the trunk of our car that climbed in there we did not put him in there we were unaware that he was in there he must have got in there when we were at the store we cooperated they pushed and taunted us we are secure party creditors they... View More

John Cucci Jr.
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answered on Nov 12, 2023

The good news is that seizure of your car is a civil matter. You should have received paperwork and a NOTICE of seizure of your property. That will have a case number and a court reference, so you can make your claim and get your car back.

The bad news is that there are strict time limits...
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1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Texas on
Q: Proposition 1 that just passed in Texas reads like it would override deed restrictions in neighborhood HOA's. True?
John Cucci Jr.
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answered on Nov 9, 2023

Be careful with Prop 1.

It grants a Constitutional right to landowners to conduct farming and similar activities without regulation from local municipalities. This is different from DEED RESTRICTIONS.

If your property is part of a subdivision, which is restricted by a deed that...
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1 Answer | Asked in Foreclosure for Texas on
Q: Loan modification denied 3 times, reason npv Payment plan was to high, How can I stop foreclosure

Mortgage co won't work with me, only option to pay full amount past dued

Who can help me get mortgage current, don't have the money for attorney

John Cucci Jr.
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answered on Nov 5, 2023

The only real way to stop foreclosure in TX is to sue the bank and get a stay(temporary restraining order) of the f/c sale. I have never lost one of these cases and they always give the borrower leverage and time to re-design or re-make the loan and its terms. This all supposes that you are... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I am a retail store owner in San Antonio. I had a belligerent customer who I had to tell to leave my store.

I am a retail store owner in San Antonio. I had a belligerent customer and someone we suspected was stealing who I had to tell to leave my store citing trespass. He would not leave. I grabbed his arm and started to push him out of my store.

He started screaming that I was assaulting him.... View More

John Cucci Jr.
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answered on Oct 28, 2023

DO NOT TALK TO THE POLICE ANYMORE

You have been placed in an untenable situation and if you touched him (screaming man) in a non-harmful manner, as part of your effort to escort him out the door, I believe you have not acted unlawfully. The problem is that the details surrounding your issue...
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1 Answer | Asked in Criminal Law for Texas on
Q: i am already in TDCJ i have separate charge n a different Cty. wait till I am released and come take me upon release

it is in guadalupe county

John Cucci Jr.
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answered on Oct 10, 2023

I think you would be better off dealing with the second charge ASAP. That is because the judge on case #2 might make your new sentence "concurrent" with the matter you are currently serving.

Write a letter to the DA, your lawyer, and your new judge ASAP, to get things moving.

Good Luck!

2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: A leasing company does not want to return my admin and app fee and security deposit

I have cancelled my leasing application within 48 hours. What can I do?

John Cucci Jr.
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answered on Sep 26, 2023

Your question is if you can get a refund b/c you never moved in and have decided not to take the apartment. I'm just making sure I have the facts correct.

I don't believe you are entitled to your application fee, if they reviewed it or went through it with you.

The Admin...
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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Hello, I recently had two individuals come at night vandalizing my vehicle. I have video proof. What actions can I take?

Both age 15/16, my age being 16. I know who they are and have video proof

John Cucci Jr.
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answered on Sep 24, 2023

I would have your parents call the other kids' parents to try to resolve things. If not, then call the police and give then a COPY of your video proof. Do not wait long as that will eventually cause a problem. The other kids' parents probably have home insurance which may pay for the... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If you’ve been charged but not indicted on a crime, does it 180 day rule apply

Canthe police, search your house without having a search warrant in hand

John Cucci Jr.
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answered on Sep 21, 2023

You have 2 questions.

1. There is a Criminal procedure rule whereby if you are arrested, and NOT released on Bail/Bond then the DA has 90 days to get an indictment, or you can get released. If you are arrested, then get out on bail/bond, the DA has 180 days to get an Indictment, or you can...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My neighbor built a fence on my property. I been there 31 years, him 21. Claim it's his property. What do I do?

I've had a demand sent to him but he has failed to remove the fence. Should I file trespassing against him & file against who he claimed did a survey on property without my permission in my absence from my home. Do I have the right to remove the fence myself? I'm a Senior on a fix... View More

John Cucci Jr.
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answered on Sep 20, 2023

I would like to know how far his fence encroaches on your land.

The best way to deal with your problem is to get a survey and have the surveyor mark the boundary lines, or hire a lawyer to deal with your neighbor. Then, if his fence is on your land, you should send him a certified letter...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Should buyer insist that spouse of seller sign on conveyance of non-homestead property?

Buying non-homestead property being sold by a married man who acquired it recently (during marriage) and I think his spouse should sign to acknowledge the sale of community property even though only his name is on the deed. Title company says husband will sign Homestead Affidavit and wife will not... View More

John Cucci Jr.
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answered on Sep 20, 2023

You are not way off-base. I would require a waiver by the wife, proof of a separate property regime by the spouses, or require that the wife sign the deed. While the Title Company is liable if there is a problem later, I would not want to be making a claim later or needing to deal with a legal... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can an HOA management group, when sending violation letters, add an administration fee to the notice letter?

Our HoA Management company is sending out violation notices with administrative fees tied to the letter. There is nothing about admin fees in our CCRs/Bylaws, nor could i find anything in Texas property code. When asked regarding this issue the management group stated " The administration fee... View More

John Cucci Jr.
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answered on Sep 16, 2023

Any inquiry about a HOA and its power and authority starts with looking at the deed that created it. If it is clear that the HOA is not in compliance, then they should not be able to enforce rules that are unlawful or unreasonable.

Notice and an opportunity to be heard are necessary by any...
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1 Answer | Asked in DUI / DWI for Texas on
Q: Can I remove someone else's interlock from my car? Their name is no longer on the title

My ex did not follow up with the calibration of the device, and will not complete the steps to have it removed from the vehicle. However their name is no longer associated, in any way, to the vehicle. I am making the payments on this truck, and can not even start it because the device has been... View More

John Cucci Jr.
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answered on Sep 16, 2023

You can remove the interlock. I would send the bill to my Ex.

You have no obligations to him or the court. Therefore, you can remove the device from YOUR vehicle.

Your Ex needs to update the court and/or the probation department about his vehicle status.

I hope this helps.

Good luck!

1 Answer | Asked in Criminal Law for Texas on
Q: What does it mean when a case is set for plea?

Ex-husband has a felony case with the Harris County DA’s Office and the next setting has been set for plea. Does this mean that he will formally plead to the charge or does it mean something in regards to a plea agreement?

John Cucci Jr.
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answered on Sep 11, 2023

Set for a plea can mean a lot of things. It usually means that a plea offer was given to the defendant, and the next court date is the deadline to accept or reject the offer. It can also mean that a plea agreement has been made and the formal guilty plea will occur on the date set.

It can...
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1 Answer | Asked in DUI / DWI for Texas on
Q: Can my probation officer file motion for the removal of interlock from my car or can I do it myself or do I need lawye?

I'm on dwi probation for 17 months and the ignition interlock is to be installed in my vehicle for half of the probation period. I don't make a lot of money and I have spent so much and have debts because of this. Do I need a lawyer to file a motion for the removal of the interlock or can... View More

John Cucci Jr.
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answered on Sep 11, 2023

The good news is that you, your lawyer, or your PO can request the court allow you to remove the Interlock device. If your PO is willing to make the request, that would be the best way as the court usually grants the request from the PO.

If your PO will not do it, it MUST be done by a...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: If not expressly stated in HOA bylaws as non permissible, can I legally have a home standby generator installed?

Since my townhouse area has had at least 3 power outages in the past year, one lasting over three days, resulting in my home being untenable, would any HOA objection to the installation of a home standby generator be enforceable?

John Cucci Jr.
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answered on Sep 9, 2023

As long as the installation of the generator does not violate any other rules, you should be OK. I would be concerned with where you place the generator. Most HOAs require you to have any mechanical systems in the back-yard or otherwise placed out of view from the front.

I hope this answers...
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1 Answer | Asked in Criminal Law for Texas on
Q: Son charged with felony assault just because someone said you did it without even investigating

He having a mental break down he called me and all I could hear in background was him and guards yelling and he has not call me anymore

John Cucci Jr.
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answered on Sep 8, 2023

Sorry to hear about your son. He is entitled to a bond/bail. If you can show up for his bond hearing, that would help.

You need a lawyer ASAP, so you can try to get him home while his case is pending.

I hope this helps.

1 Answer | Asked in Contracts and Construction Law for Texas on
Q: Hello, We have issue with Building Erector that was supposed to finish steel building for us and quit & no communication

We have a issue with our Building Erector that was supposed to finish a steel building for us which will be our home. We hired him back in June. He told us that they could finish it in within two weeks but we knew it would take them about a month because we thought two weeks is pretty fast but one... View More

John Cucci Jr.
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answered on Sep 4, 2023

Sorry to hear your problems.

The lien could only be from a supplier of materials.

If the contractor supplied the materials, you can reject any lien or attempt for the same.

You should get 2 different bids to finish the work.

In each bid u should require a...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Is it legal when an HOA management company sends violation letters and hit the homeowner with an administrative Fee?

EDIT: I have to add this because it seems that they are trying to circumvent the CCRs and bylaws be their response to my email, here is the response: "

Unfortunately, per the contract we hold with the board, there are admin fees assessed to homeowners when sending violation letters.... View More

John Cucci Jr.
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answered on Aug 24, 2023

If the HOA has not complied with the HOA rules and regulations, then they can not enforce any citations, fines or other costs.

I would let the HOA know your position, and send any writings or objections by certified mail to assure proper Notice, etc.

I hope this helps.

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