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Questions Answered by John Michael Frick
1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can I request a new court appointed attorney if the one boyfriend has is negative and unwilling to fight for him

The attorney he has stays negative and is refusing to argue certain facts in his case she was going to file a motion to suppress but now says she will not cause her argument contradicts the law and has threaten if he goes to trial they will maximize his sentencing is that legal

John Michael Frick
John Michael Frick
answered on Oct 10, 2024

No, you cannot request another attorney for your boyfriend. Only your boyfriend can do that. In most cases, if the attorney is court-appointed, the court will deny such a request based on the description set forth in your question. However, he may gain some traction with the argument that his... View More

1 Answer | Asked in Personal Injury for Louisiana on
Q: has there been any Neuropathic communication cases about being exploited for money ever been settled in the state La.?

has there ever been mind chip cases about exploitation.

John Michael Frick
John Michael Frick
answered on Oct 9, 2024

A search of the Lexis database for the terms "neuropathic communication" and "mind chip" reveal no reported case decisions in Louisiana using either of those terms. I also searched for the more common terms "neurogenic communication disorder" and "brain... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Who do I get to help me to make my landlord from the apartment complex go over her ledger because they're charging to mu

Charging me too much for late fees they have their computer that is not updated and they keep on charging and charging

John Michael Frick
John Michael Frick
answered on Oct 8, 2024

Your landlord cannot charge you late fees unless you are late as described in your lease agreement. How often the landlord updates their computer is irrelevant to this determination. If your rent is due on the 1st and you pay your rent on the 1st, it doesn't matter when they input that... View More

1 Answer | Asked in Civil Litigation, Contracts and Energy, Oil and Gas for Texas on
Q: I purchased solar panels through Pink Energy aka Power Home solar in October 2021. I financed the panels and Generac

battery through Good leap for 44K. I have since filed a complaint with the BBB and called to resolve this issue on non working Solar panels with Good leap. My account has been placed in forebearance. I need help with this issue.

John Michael Frick
John Michael Frick
answered on Oct 8, 2024

Good Leap is a finance company. Typically, finance companies do not handle repairs to products like solar panels or automobiles. Think of your solar panels like they are your car. If your car isn't working, you go to the dealership that sold you the car for warranty repairs, not to the bank... View More

1 Answer | Asked in Personal Injury and Products Liability for Texas on
Q: I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel

I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel I quickly stopped and saw that that a weld had broken i welded the part to make it home under further inspection I discovered that the original part shouldn't even have any welds and someone had... View More

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

Assuming that you purchased the vehicle new and it is still in warranty, you likely have a claim against the manufacturer under the warranty to have the stabilizer bar properly replaced.

If you bought the vehicle used, it is most likely you bought the vehicle "as-is" and that any...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Could you advise and offer reference details on a matter of an employer using ‘Bait and Switch’ tactics?

The employer placed an advertisement with ‘Indeed’ for a position with an estimated salary of $69k-$92k. Upon the offer letter/hiring, it was $20.46. After persistent research and enquiring, it led to a wrongful/illegal termination. Could you advise and offer reference details?

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

This type of tactic is unfortunately becoming increasingly common. Legally, it is difficult for a job applicant responding to such an ad to prove damages because the job applicant will decline the job offer if the compensation is substantially below what is advertised. At best, the job applicant... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Cps wants to Terminate my right but I refuse to give them up. What is the next step!They have my kids n are place Family

What will happen with my kids if I refuse to give up my rights. CPS wants to Terminate my rights and I'm not going to give them up. What will the out cone.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

The outcome depends on what evidence CPS and you introduce at trial. If you cannot afford an attorney in this type of proceeding, the court will appoint one. That being said, you should retain an experienced family law attorney who has handled CPS termination cases before, if you are able to do... View More

1 Answer | Asked in Consumer Law and Criminal Law for Texas on
Q: Hi a friend of mine just put a down payment on a car and made some payments but she missed one payment a few days ago

And due to financial situation she wasn't able to pay the one payment and now a few days later they have sent a text message saying they're going to arrest her for stealing the car. Is that a scam or can they really arrest her for missing one payment.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

No they cannot arrest her for failing to make a car payment on a car she bought. They can, however, repossess the car if they properly recorded a lien against the car.

They could only arrest her if she stole a car registered in their name. When you buy a car, you (or the dealer) must...
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3 Answers | Asked in Criminal Law for Texas on
Q: How to get my husband out of prison wrongly convicted murder Convicted under law parties for capital murder
John Michael Frick
John Michael Frick
answered on Oct 2, 2024

He can appeal his conviction. If the deadline to appeal has passed, he can file a writ of habeas corpus. He may have to prove "actual innocence." That means he would have to prove that he was not a party to the underlying criminal activity that ultimate resulted in the murder.

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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments can they over charge me?

my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments

the initial amount owed did not exceed the 1000 USD but the collection agency plans on charge me over 6K

even after I went and explain the situation to the board regarding the... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

The short answer is yes. An HOA is usually entitled to recover "reasonable and necessary" attorney fees to collect unpaid dues payments. The amount of attorney fees that is "reasonable and necessary" depends upon the amount of time involved. This amount often exceeds the... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can a court order prevent me from bringing someone with me, who I am dating, to my children's activities?

Never has there been any sort of incident where someone accompanying me has caused a scene or issue. The only issue would be my ex wife being pissed off, and her attorney having too cozy of a relationship with the judge. This "issue" was never previously discussed in any litigation. This... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Yes, a court order can theoretically do that. Since you mention a "decision letter," that suggests you had a contested custody battle with your ex-wife. It would be surprising in post-divorce custody litigation for such an order to be made without a very good reason established by the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: how do i drop charges?

i am the complaining witness, and pressed charges against someone while severely intoxicated. i do not remember the events as they correctly happened though i told the police officer who originally took my statement i believed i was put in a chokehold. but i want to take it back and they told me if... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Theoretically, you can submit an affidavit of non-prosecution to the district attorney prosecuting your case. In cases involving domestic violence, that does not always work because the victim and perpetrator typically know one another and may be in a relationship. That raises a concern that the... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: Received a 4,000.00 bill from doctors office 3 years after surgery. Never got a call, statement during the three years.

The only reason I knew I had the outstandng balance was because I tried to make appointment and was told I could not coe in until i took care of the bill. They sent me statement. But it was three years old, no late fees, has not been turned over to collections or never have they called me for... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Sounds like they have been very passive in collecting this outstanding bill. It is typical for many service providers to decline to perform new services when they have not been paid for past services. Nobody likes to work for free. If you can pay this outstanding bill, you should. If you are... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Neighbor broke my car window with a can thrown from within his apartment. What is my recourse?

My neighbor in the rental complex (Austin Texas) was in his apartment and began to throw things out the window. One of the cans hit and broke my windshield. There are witnesses and I am filing a police report, although it is 12 hours later. Will his apartment rental insurance or his auto... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

He is probably liable for his own negligence. His automobile policy likely doesn't it. His renter's insurance may or may not cover it depending on the language of the policy and the particular facts. Your own automobile policy almost certainly covers it under either comprehensive or... View More

1 Answer | Asked in Family Law and Divorce for Texas on
Q: My wife has held our marital home for 5 years now , unable to buy me out and refusing to sell. Fire no insurance

2020 I removed our daughter from the conditions she was living in and took her with me , asked for divorce . My wife was supposed to buy me out or sell the house we agreed in July that year , there was no question about our daughter going with me , and nothing to fight over in a divorce nor was I... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on several facts not mentioned in your question.

1. Did you get divorced?

2. If not, does your agreement comply with the Texas Family Code as an enforceable partition and exchange agreement?

3. If you did get divorced, does your decree award her the home as her...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I have a residential house under contract for rent, executed effective August 1, 2024, the applicant was through Zillow,

I have a residential house in Calera, Alabama, under contract for rent, executed effective August 1, 2024, the applicant was through Zillow.

The tenant defaulted on the rent for September 1. Phone calls and text messages were sent but she failed to acknowledge and respond to either through... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

You will need to follow Alabama eviction law. In Texas, an email notice to vacate would be ineffective. A landlord must deliver written notice to vacate in the form required by the Texas Property Code. Most other states have similar, albeit not identical, requirements. Whoever oversees your... View More

1 Answer | Asked in Small Claims for Texas on
Q: Neighborhood car salesman sold me a car 2 years ago and now wants his plates back.

I made car payments but I lost track of them and I asked him can he send me bank statements so I can see how much I owe him and he never did

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

He has no obligation to send you his bank statements. You can check own bank statements to see how much you owe him.

When someone sells you a used car, you have thirty days to register it in your name and get new plates. A licensed used car dealer would remove the plates from the vehicle...
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1 Answer | Asked in Criminal Law and Elder Law for Texas on
Q: dad lent mom's car to daughter without mom's consent. mom is brain damaged from a stroke. mom wants car back and they...

won't return it. can I report it stolen? I am their son. the car is in Mom''s name.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

No, you can't report it stolen because you are not an owner of the car. Your mom will have to report it stolen.

Alternatively, if you believe your mom is no longer mentally competent as a result of her stroke, you can apply to court to be appointed as the guardian of her person and...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it unlawful lockout if a landlord locks us out as we are moving? We are paid up completely. Owe him nothing.

We have made repeated attempts to arrange a time only to be ignored. We have conversations in writing stating that he doesn’t want us to get our stuff.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your lease has ended and whether you have vacated the premises. Generally, absent an agreement to the contrary, if you or your landlord have ended your lease, you have until the last day of your lease to remove stuff, and anything left after that date is usually considered to... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What do I do to finalize my divorce. It's already filed in Williamson county
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your spouse has been served, has waived citation, has answered, or has agreed to the terms of a decree of divorce.

If your spouse has not been served, you will need to request issuance of citation and make arrangements to have your spouse served. Or, in the...
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