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Questions Answered by John Michael Frick
1 Answer | Asked in Criminal Law for Massachusetts on
Q: If a piece of evidence was inadmissible at the time of arrest can the prosecutor bring it in at arraignment?

Both the prosecutor and the judge believed that this this pieceof inadmissible evidence was actually admissible . This came out in court 4 yrs. Later before trial. This was held against the defendant during the whole court process.

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

The concept of "admissibility" only pertains to evidentiary hearings and trials. An arrest is not an evidentiary hearing or trial. There is no judge or jury to consider the evidence. You can view "admissibility" as whether something is "admitted" for consideration... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I’m a salary employee who works for corporate was forced to work on a paid holiday when everyone was off

I have worked for the company for 4 years and have received the same holidays off with pay I switched to a different department which is still part of corporate office. We was the only team who was forced to work.

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Businesses can legally open and staff on holidays. Unless you are subject to a union contract, individual employees are free to contract with their employer as they choose unless the specific matter is precluded by law.

1 Answer | Asked in Banking and Collections for Texas on
Q: If your vehicle was repoed do they have the right to seize your bank account? I live in Garrison Texas I have an account

An account at cadence Bank in Garrison Texas they have froze my bank account because of this repoed car is that legal

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Generally speaking, a lender on a vehicle loan cannot freeze funds on deposit at a different bank or financial institution without filing a lawsuit and obtaining a pre-suit writ of garnishment.

Banks and financial institutions often ask their own customers to agree that, if the customer...
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2 Answers | Asked in Family Law, Domestic Violence, Civil Litigation and Civil Rights for Texas on
Q: What can I do to protect myself, my pets and my belongings from an angry vindictive boyfriend that I live with?

I've lived with my bf for over a year. Whenever we argue he kicks me out..sometimes for days. I have to sleep in my car with my two dogs. I dont work so I have no money. Sometimes I'm stuck for days without food or anyway to communicate with anyone (he takes my phone) . He also throws... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

While you can get a protective order from physical violence and the destruction of your property, that will require you and your boyfriend to live apart.

Legally, it sounds like the best thing for you to do is to secure a job, find another place to live, get your license reinstated, and...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: What happens if I can't continue to pay my ex wifes car note that was agreed in the divorce decree?

I agreed to pay 36 months of car notes for my ex wife in our divorce decree. Now I'm falling on hard times and struggling to pay it. If I don't pay, other than the vehicle being taken away, what happens to me?

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

If you are unable to pay the car loan, your ex-wife can pay it and then file a lawsuit for indemnity against you for whatever she is required to pay on the car note. If your ex-wife fails to pay the car note and the lender repossesses and sells it, your ex-wife can sue you for whatever amount the... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If I already own a house and get married then divorced some time later. Is she able to fight me for the house?

That’s it

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

It depends on the facts and circumstances existing at the time of your divorce. During a divorce, all property you and your spouse own is part of the marital estate and is presumed to be community property until you prove by clear and convincing evidence that such property is your separate... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I do not own a vehicle yet my apartment community wants to charge me for parking spot. Do i need to pay this?

This is what my lease says about parking, "If renting a parking spot within the Apartment Community, you must complete the Parking Agreement attached hereto as Exhibit F and comply with all applicable parking rules set forth therein. All parking premiums that you agree to under Exhibit F, will... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

The answer to your question depends on the content of any agreement you have signed. From the excerpt contained in your question, it appears that you are only required to complete the Parking Agreement and pay the parking fee "if" you are renting a spot within the Apartment Community.... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records
John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Medical clips are generally inert and rarely cause harm to a patient. In some cases, leaving medical clips inside a patient may not be a departure from the accepted standard of care. Even if it is, in most cases, leaving medical clips behind inside a patient will not cause injuries sufficient to... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If someone is under investigation how long can they be held in jail?

My brother is in jail on a drug charge the DA isn't accepting any pleas due to him being part of an ongoing investigation, how long can they prevent him from finishing up the charges he is being held in jail for? They keep resetting him rather than offering him anything and letting him sign... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

At any time, even without a plea bargain in place, your brother can enter a plea of guilty and ask to be sentenced by the court. This is called an "open plea." The judge will then determine his punishment within the range of punishment for the offense and he will receive credit for the... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I entitled to a refund of my entire security/pet deposit? My landlord is refusing to return it.

I informed my landlord of my forwarding address on 5/8. The disposition letter is dated 6/5, however, the letter was not postmarked until 6/12. That's 36 days. I have pointed out that state law requires tenants to be notified within 30 days and they exceeded that time frame but they still... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

The USPS postmarks mail when it is deposited in the US mail. While it is true they have no control over when it is postmarked, they do have control over when it is deposited in the US mail.

Remember that the mailbox rule has two parts: 1) the sender must deposit it in the mail on or...
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1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Texas on
Q: Can my neighbor forcefully remove a "No Trespassing" sign posted outside of my apartment building? Landlord was notified

My landlord asked if I would purchase the sign and put it up and he would reimburse me. Of course I have no issue with this and did as he requested. This would be the second sign I have purchased and put up because my neighbor keeps taking it down and there has been no other previous issues with... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes, but that may be considered an act of criminal mischief. There is clearly some sort of dispute between your landlord and your neighbor the details of which you are unaware. I recommend that you avoid becoming too involved.

You should report to your landlord that you did as asked,...
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2 Answers | Asked in Family Law and Health Care Law for Texas on
Q: Can my friend’s sister give me power of attorney of her brother who cannot speak for himself?

He is currently in the hospital with some brain damage. His sister has asked me to make important phone calls for her but of course because I’m not legally family I can’t get the information we needs unless she is the one who calls. He is going to need a lot of help and care and I’m not sure... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

No, only the brother can give you a power of attorney to act on his behalf and he can only do that if he is mentally competent. "Some" brain damage does not necessarily mean that he is incompetent, but it does raise a warning flag to make sure he is mentally competent before acting on... View More

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1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Can someone demand past house pymts over a year later, without sending notice of late pymt EVER?

We are purchasing an owner financed home for $27,000 6% interest,15 year. We bought it 2012, the man we are purchasing from, is now in assisted living, & son has taken over businesses, we found out we haven't had insurance for over a year (that we paid for) so son starts looking into... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes. The statute of limitations for breach of contract is four years. As a condition precedent to collecting attorney fees in a suit for breach of contract, he is required to make a written demand for payment at least thirty days before bringing suit. If you pay the demand within thirty days,... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is the owner of a subway franchise in Texas allowed to charge me $200 for failing a state inspection?

They just informed me today they will be deducting $200 from my paycheck in 2 days.

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

It depends on your employment agreement. In Texas, an employer may not make deductions from an employee's paycheck unilaterally for anything other than federal income tax, social security, and Medicaid/Medicare.

If you signed an agreement authorizing your employer to deduct fines...
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1 Answer | Asked in Employment Law for Texas on
Q: Reading a new job contract: there's a “$500 per day” penalty for not giving a 30-day notice. Can a job do this?

I am a nurse practitioner, and this was in my new job contract. This is my first time seeing something like this. So I was curious if companies can do this.

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

Most of the time, people can enter into a contract on any terms that are mutually agreeable unless they are illegal. Penalty clauses like this may be void as against public policy if they are excessive and not a reasonable forecast of the damages a party will sustain from a breach of the... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Construction Law for Oregon on
Q: Can I get an legal recourse from contractors who improperly installed my heat pump making it impossible to service.

They sealed the grate to the outside so I cannot access the condenser coils to clean them. And now my compressor has failed. If they had not permanently attached the grate to the outside them I could have cleaned it and made it last a lot longer. My building was built in 2008, not sure if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

The law generally provided an implied warranty that contractors will do their work in a good and workmanlike manner. Your question strongly suggests your contractor did not. Generally Oregon has a four-year statute of limitations for breach of implied warranty claims from the date the contractor... View More

2 Answers | Asked in Civil Rights and Libel & Slander on
Q: My son recently passed away,a girl he knew is saying I killed him. State police showed up at my house. I want a slander

It's turned people against me. She won't stop. Caused severe depression. Physically sick from her accusations

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

Yes if police believe him and take action that causes you compensable damages (like placing you under arrest), you can sue her for those damages. Because there is a privilege to report to police a crime you think happened, you will need to prove that she knows you didn't kill him and is... View More

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How to get legal help for Child custody when CPS is doing nothing?

Child is being neglected by the mother and CPS will not do anything. Child and mother live in Texas and the custody case is in Tarrant county.The mother's home is not clean we have pictures. The Child has reported to many family members that he only gets one meal a day and that laundry soap... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

You should retain an attorney who practices in the area of family law in or near Tarrant County to file a custody lawsuit. If reports of abuse or neglect have been made by someone other than you or your family members, you should subpoena records from CPS to use in your custody case and try to... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: My trailer is parked in a friends driveway when l went to pick it up he wants to charge me can he do that?
John Michael Frick
John Michael Frick
answered on Jul 1, 2024

If you commit a crime, your friend can notify police and file a police report. Law enforcement will then refer the case to the district attorney who will decide whether to file criminal charges against you.

The fact that your trailer is parked in your friend's driveway does not excuse...
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