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Texas Civil Rights Questions & Answers
1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: Common law in texas
John Michael Frick
John Michael Frick
answered on Dec 16, 2024

Yes, Texas follows common law.

1 Answer | Asked in Civil Rights and Consumer Law for Texas on
Q: Basis for Jurisdiction Is a Federal Question do violations of Manufactured Housing Standard Act and DTPA go there?
John Michael Frick
John Michael Frick
answered on Dec 10, 2024

The "National Manufactured Housing Construction and Safety Standards Act of 1974" is a federal act so questions concerning its interpretation and enforcement likely give rise to federal question jurisdiction. But, be aware that the Act contains a lot of provisions that are enforceable... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Texas on
Q: How do I know I'm choosing the right medical malpractice lawyer?

I was taken to the ER and treated terribly. Found out over a month later from my surgeon that I should have at the very least been offered surgery the day of the accident. They sent me home in a cheap sling and said go see an orthopedic. To top it off they were rude and I couldn't even call... View More

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2024

A Texas attorney could advise best, but your question remains open for a week. Your question involves individual and personal decisions. The short answer is that you will need to have confidence in the attorney's knowledge and experience, and you will need to trust the attorney and feel... View More

2 Answers | Asked in Estate Planning, Civil Rights, Elder Law and Energy, Oil and Gas for Texas on
Q: Can my husbands estate be distributed without letting me know? The company has been in touch with me for other things.

I have a feeling my late husbands estate information is deliberately being kept from me, I didn't think so at first now I do, not any of my letters or telephone calls been answered, I wrote to the Insperity Holdings, the HR company that was used at the time my husband was alive letting them... View More

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

As a spouse, you are an heir entitled to notice of the probate of your husband's estate. Usually, you would be the person requesting the court to appoint you as executrix or as the administrator of your husband's estate, and you would be the one giving notice to his other heirs. You... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Texas on
Q: How do I get free copies of the original lawsuits, and motions, filed in these cases?

I want to learn how to structure a civil rights lawsuit against the United States and naming individual states as accomplices. But showing a federal conspiracy authorized by the united states government by multiple state participation.

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

If they are available online through a court's web portal, you can usually save or print them out from your own computer.

1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: The cops and a family member couldn't find a way to legally arrest me until this... Is this conspiracy, entrapment?

"Yeah, if he takes off on the quad again, he's probably going to the store, which means it's a DWI."

Officer ...: "You call us on that. It's also not street legal."

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

No, this is not conspiracy or entrapment.

1 Answer | Asked in Civil Rights for Texas on
Q: Do I have grounds to take legal action?

On Black Friday, I went shopping for a TV with my boyfriend and step dad. My boyfriend and I paid on one register, while my step dad paid on the register next to us at the same time. My boyfriend and I decided to get new phones. Once we got done with our phones, we attempted to exit the store... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

No. Shopkeeper's privilege.

A shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as the shopkeeper has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property.

1 Answer | Asked in Divorce, Civil Rights, Legal Malpractice and Family Law for Texas on
Q: My attorney did not inform me that there would be witnesses at the hearing including the custody evaluator

My attorney did not provide correct evidence regarding the child abuse my child has suffered and confirmed by Tx children’s child abuse clinic. Also , my attorney has a friend at the law firm that represents my ex and the friend was my ex’s initial contact. Also, for my deposition I was told by... View More

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

It doesn't appear to be "malpractice." That being said, an attorney should take into consideration the legal naivete of a client and should fully inform the client about what to expect. A person who has never had experience with the legal system and does not watch television or... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: In order to be charged with resisting arrest, wouldn’t you need to be under arrested and not detained?

Basically you get pulled over, and refuse to exit the vehicle until they called a Sargent, get ripped out of the vehicle then let go with a traffic ticket. Then 2 weeks later get picked up on a warrant for resisting arrest? Is that possible?

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

The criminal offense includes more than simply an arrest. The statute reads:

"A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an...
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0 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: I was arrested while I was being transported to the county jail the deputies made calls from my cellphone to contacts.

Further more the investigators confiscated the cellphone and some money from my property ,but I was not notified or signed a property sheet of what was confiscated.Are those actions violations of my fourth amendment rights

1 Answer | Asked in Civil Rights and Small Claims for Texas on
Q: Am I able to take legal action with PayPal if they refuse to give me my money back after a refund is issued?

I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.

PayPal is obligated to give you a refund if...
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1 Answer | Asked in Family Law, Immigration Law, Civil Rights and International Law for Texas on
Q: I have a question for a somewhat complex situation, any help or advice would be appreciated.

I know someone who came here illegally, but missed her chance of getting citizenship because she could not obtain a Mexican passport, which is a prerequisite of the US citizenship process. Someone in Mexico had reportedly made a typo when spelling this person's name on the birth certificate.... View More

James L. Arrasmith
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answered on Nov 15, 2024

This is a challenging situation that requires careful attention to the documentation issues first. Mexican consulates can help correct errors on birth certificates through a legal process called "rectificación de acta," which addresses typographical mistakes.

Your friend should...
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2 Answers | Asked in Civil Rights and Constitutional Law for Texas on
Q: How can you help me understand my civil rights
John Michael Frick
John Michael Frick
answered on Nov 11, 2024

Most attorneys who practice in the area of civil right can assist you in understanding your civil rights. A Q&A forum like this is appropriate for a specific question about a specific matter which requires a short answer. For more broead general educational purposes, you might consider taking... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Texas on
Q: my spouse in which I’m divorcing has committed defamation and slander and perjury and under oath

I am in the end of my divorce and child custody case. my spouse has committed perjury by informing the judge of false accusations regarding myself trying to commit suicide. He committed perjury by advising the judge that he has ever taken care of the children. At any time he committed perjury by... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Statements made in judicial proceedings including divorce actions are absolutely privileged and cannot provide the basis for claims of defamation or slander.

Perjury is a crime which can be reported to law enforcement. It will be up to police and to the district attorney whether the State...
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1 Answer | Asked in Civil Rights and Criminal Law for Texas on
Q: I am looking for a criminal lawyer who would be available for a short consult on a possible civil rights violation in tx

Police profiling and wrongfully detained. Prosecutor brought up the existence of juvenile records (which are sealed) to further incriminate

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

You don't need a criminal defense attorney unless you're facing criminal charges (or may be soon.) If you're looking to sue regarding a possible civil rights violation, you'd want to look for a civil rights attorney or a personal injury attorney, more generally.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: I'm a victim of Remote Neural Monitoring. I need a lawyer to send a Cease and Desist to a Fusion Center. Any takers?

I'm of sound mind. I need legal help, not a doctor. I'm guessing an FBI Fusion Center may be aware of what's going on and may cooperate with an attorney. Thus far, I've been ignored by law enforcement.

James L. Arrasmith
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answered on Oct 27, 2024

I'm sorry to hear that you're experiencing these challenges. It might be helpful to consult with an attorney who has experience dealing with government agencies. They can assist you in drafting a cease and desist letter to the Fusion Center.

Since law enforcement hasn't been...
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2 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Texas on
Q: I've most likely been erroneously placed on a Terrorist Watchlist. How can I be removed and stop privacy violations?

I'm writing out of desperation. I've been stalked for years and have gone to authorities many times.

I'm experiencing Remote Neural Monitoring and what is referred to as V2K or Voice to Skull. In short, a government agency is reading my thoughts and torturing me twenty-four... View More

John Michael Frick
John Michael Frick
answered on Oct 24, 2024

You should contact the Principal Deputy Director of the TSC at the FBI for information about being removed from the US terrorist watch list.

As for remote neural monitoring and V2K, there is no government agency responsible. Experts pretty much agree that such technology does not yet...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: if charged with a felony but not convicted. Can the police keep your weapon from prior incident where no charges broug.

I use my gun and self-defense a few weeks before the possession charge. I was considered the victim and no charges were brought against me but now after the drug charged, they will not let me pick up. My weapon is legal and am I allowed to have a family member pick up my weapon signed over to them.... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're going through this situation. Even if you weren't convicted, certain charges can lead to restrictions on firearm possession. The police may hold your weapon based on the nature of the felony charge and any related concerns.

Transferring your gun to a family...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: What if I get locked put of my apartment of an intruder committing intrusion The deadbolt lock to my apartment has nokey

My claim iam an illegal alien living a life of compliance in lubbock texas

James L. Arrasmith
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answered on Oct 20, 2024

If you find yourself locked out of your apartment because of an intruder, your safety is the top priority. First, ensure you are in a secure location away from any immediate danger. Call 911 to report the intrusion and let the authorities handle the situation. They can provide protection and help... View More

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