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2 Answers | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Can I be pulled over for reversing 40 ft in texas.

I reversed down my road about 40 feet, instead of turning around. There were no pedestrians or any other vehicles on the road at the time. It's not a single lane road. I reversed the put it in drive where I made it to my friend's house to pick him up for work and I had taken keys out of... View More

John Cucci Jr.
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answered on May 30, 2023

There might be a violation of your Civil rights and it could be seen as an unlawful detention, and search.

But you did admit to breaking the law and driving after you smoked weed. That is enough to stop you and arrest you. It feels bad because it is weak. But I have done hundreds of...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My dad died almost 5 yrs ago. I was lied to about the property he owns until my step mom let it slip. Both on deed.

Am I entitled to heirship if they never filed a survorship

John Cucci Jr.
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answered on May 30, 2023

If your question is whether or not, you may have an interest in the property that was owned by your dad, I would have to see the deed from which he received his ownership rights.

Nevertheless, If your dad and his wife lived at the property, while married, she probably has the right to live...
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2 Answers | Asked in Child Custody, Civil Rights and Family Law for Texas on
Q: I have a endanger of a child who has been in child protection custody for a 1year now shes been place with a family

Im trying to get her place back home had her go to family can i get her back with me soon in how long do it take for her to be back with me i did all they asked of me

John Cucci Jr.
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answered on May 26, 2023

If you are truly are ready to get your child back, and have a nice place to keep her, ( his/her own room ), then you need to file in Family Court for custody.

If you have a drug habit, or other major problems, don't waste your time.

You should get a good lawyer to file for you....
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1 Answer | Asked in Criminal Law for Texas on
Q: if you are on parole and blue warranted can they change your charges from mist misdemeanor to felonies charge
John Cucci Jr.
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answered on May 19, 2023

A Blue Warrant is one issued by Parole Board for an alleged violation of your Parole terms. The Warrant must be properly submitted and signed and approved. Whether it is for a Felony violation or a Misdemeanor violation, it is still a warrant.

There is no reason to change it, as it calls...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can you fight a case when released on parole, but believe you were over charged for the crime

Release on parole in Florida on a Interstate compact from Texas

John Cucci Jr.
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answered on May 14, 2023

If you already pleaded guilty, and it was more than 30 days ago, you are out of luck trying to fight the case.

There are some esoteric and rare cases where you can fight your conviction even after 30 days, but that is very unlikely, unless you found new evidence, that was not available at...
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1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Can I pull out on residential contract?

Seller failed to disclose previous known water penetration not due to flooding on Sellers disclosure, resulting in a $145,000 insurance claim, that was rewarded.

Seller apparently told my agent who failed to tell me. I found out through my own insurance agent after being asked a few... View More

John Cucci Jr.
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answered on May 14, 2023

I would have to see the contract you signed to give you solid advice.

Nevertheless, Notice of problems with the house and defects is required by the seller. However, sometimes, even though seller signed a disclosure, they can escape liability, where the contract says buyer takes property...
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1 Answer | Asked in Criminal Law for Texas on
Q: What does DISC ACKNOWLED FLD mean
John Cucci Jr.
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answered on May 13, 2023

I believe you are referring to an entry on the court clerk's website. The abbreviation you question is "Discovery has been Filed and Acknowledged." Discovery is the general term for documents and recordings by police and/or the DA's office that must be turned over to the... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Im looking fir a criminal defense attorney gor my son hes 18 years old and deaf facing a serious charge and in jail

Hes is harris county they have reset several court date for lack of interpreter to talk to and for my son

John Cucci Jr.
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answered on May 13, 2023

My office helps all handicapped people. There are a lot of good lawyers on Justia.

The court and his lawyer MUST accommodate your son, and the fact that they have not got him an interpreter is unlawful and shameful!

The defense lawyer is required to notify the court at least three...
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1 Answer | Asked in Criminal Law for Texas on
Q: I have a criminal record in texas but changing my name in Arkansas, can I safely use that court order in Texas?

I have a past criminal misdemeanor in Texas, I was born in Texas and seek to use a name change court order from Arkansas (my state of residence currently) to amend my birth certificate and change my name on all my identifying documents. I need to know if I can safely use the Arkansas court order or... View More

John Cucci Jr.
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answered on May 13, 2023

I am NOT an Arkansas Lawyer.

However, I have practiced in many states and they all want your full past criminal history as part of your application for a name change. If that is so in Arkansas, then they will probably require you to notify where ever you got the Misdemeanor, as part of the...
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2 Answers | Asked in Real Estate Law for Texas on
Q: If a right of way has been in place for 60 years but the street dept has not used It, and now wants to take part of

Front yards can the law of adverse

Possession be used?

John Cucci Jr.
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answered on May 12, 2023

Your question is a bit vague. However, The law of adverse possession has a 10-year rule when your claim is against a private person or company. The rule is 30-years for an adverse claim against a government or municipality.

There are strict rules with an adverse possession claim. One of...
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1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Texas on
Q: If my friend 16 and she lives in Texas If she runs away would she get in trouble and would she be forced to return hom
John Cucci Jr.
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answered on May 7, 2023

Your friend's best legal move is to petition the District court to be emancipated. That is relatively easy if she can get at least one of her parents to sign for her application.

In answer to your question, I don't believe CPS would try to grab her, but technically, without being...
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2 Answers | Asked in Real Estate Law for Texas on
Q: Travis County has increased my land value for my home from $30000 to $300000. 900% increase

I've done searches in TCAD in my neighborhood and I see bigger lots in gated community, some with lake view have not been increased and in some instances have gone down. I can put the document together. I just need someone to represent me in my protest.

John Cucci Jr.
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answered on May 4, 2023

The increase you posted is unbelievable!

In Travis County you have a deadline of May 15, 2023, to protest and challenge your appraised value and taxable values. You can do it yourself or hire a lawyer like myself or other professional. The process is not very long and the county does meet...
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1 Answer | Asked in Criminal Law for Texas on
Q: Is it a law that once the results of a chapter 64 are received, the trial judge must automatically hold a hearing?

The judge never held the hearing. Is it true that in order to submit a mandamus to get the the judge to follow that law someone has to request the judge to follow that law?

John Cucci Jr.
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answered on May 4, 2023

Article 64.03 of the TX Criminal procedure law states what actions the court MAY take.

Your question does not state which method you used to ask for the testing of DNA materials in your case.

Do you have a lawyer that filed the Art. 64 motion?

In any event, if a District...
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1 Answer | Asked in Real Estate Law for Texas on
Q: do we have any recourse? Our neighbors solar panels glare in & heats up the house increasing cooling bills

It heats up the whole back of the house and causes glare to vision.

John Cucci Jr.
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answered on Apr 29, 2023

You could have a reason for a civil action. The most important thing you would have to establish is that there is a provable connection between the solar panels and your increase in costs for cooling. This may be proved by showing the cooing bills for before and after the install. Then I would want... View More

1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: New built house (4 months) infested by termites. What can I do against builder? Even if treated, value is no so down.

Hi, We bought a brand new built house from a Builder mid December 2022 in Katy, TX.

3 months ago, my wife suspected termites. We called the builder company and the pest control company linked to the builder: They suspected termites but then they said it is not...

We got an... View More

John Cucci Jr.
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answered on Apr 27, 2023

A refund on a house purchase is a rare event. The hardest part of bringing such a case in your situation is proving that the termites were already in the house when you bought it. The second part of proof that you will need is that the contract did not say the house was sold "AS IS."... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: In texas finalized divorce if a party who was given inclusive right and use a property does not vacate at the end

Of their time the judge awarded them can the other spouse evict them and a JP Court or do they have to go back to the court that granted the divorce

If the plaintiff does decide to file through the JP Court and is successful in the eviction can they later on file a contempt motion in the... View More

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answered on Apr 27, 2023

Great question.

If the Divorce case is still active, you can go to your judge and file a motion to dispossess (evict), your ex.

If you bring a copy of your divorce case Order which states that your ex must leave after a certain amount of time, you can go to Eviction court to evict...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can u be charged with aggravated assault when no weapon has been found. Only false claims

There was a shooting and a friend was pointed out with no involvement in the incident. Has been arrested and charged. I myself and 22 daughter can witness he was in home when shooting started

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answered on Apr 26, 2023

The level of proof necessary for an arrest is much lower than what is needed for a criminal conviction. On an Agg Assault, you could still get convicted, even if no weapon is found. Circumstantial evidence is allowed at trial, and can often be enough proof, with other facts, for a conviction.... View More

1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: Two sons had older mobile home destroyed in flood in LaGrange, Tx. Both claimed for personal property with FEMA.

Only the older, more responsible son claimed for the house with FEMA. With FEMA money a residential lot was purchased and a new house was built by Mennonites. I did all the paperwork and put the deed in only that one son's name. Now , years later, the other son has been given 100% disability... View More

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answered on Apr 25, 2023

Adding someone to a deed is serious business. Do not take it lightly. People fight over it all the time.

If the present owner wishes to add his brother as an owner, it should be for a reason other than to escape taxes.

I believe the 100% disabled vet needs to only own a portion of...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can an issue of mental incapacity be time barred
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answered on Apr 24, 2023

There are rules in the Code of Criminal Procedure regarding pleas and defense regarding mental defects as a defense to a crime (See Article 46 & 46B). Most judges will allow you to change or adjust your defenses in a criminal case, but once the case is set for trial, the judge can limit your... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can I get bond reduced or ankle monitor requirement lifted to post bail

Boyfriend arrested a couple weeks ago on domestic violence charge against me. I told the arresting officer there was no violence and I was not pressing charges but the arrested him and gave him the max bond amount and added a required ankle monitor as a condition which is another $500. Can I do... View More

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answered on Apr 24, 2023

The DA's office is always weary about the Domestic Violence victim "dropping charges."

The best you can do is to contact your boyfriend's attorney and let him know you want to help.

The lawyer can ask for a Bond hearing and present you as a witness.

If...
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