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Texas Civil Rights Questions & Answers
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.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 and Civil Rights for Texas on
Q: I've been wrongfully acussed and charged on a felony in 2016 and in 2022 was arrested on a failure to appear on this

I've asked for court dates and videos for this and still haven't gotten anything and I was also told I was indicted asked for paperwork and still nothing but a plea bargain

Daniel Patrick Clancy
Daniel Patrick Clancy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2023

The first question I have is, has the warrant for your failure to appear been resolved? Secondly, did the DA seek a second indictment for bail jumping?

Assuming your warrant has been resolved on the initial case, and assuming there is not an additional indictment pending for bail jumping,...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Belton Texas Howlegal 4 a judge to allow a person indicted for a capital case to represent themselves when an attorney

When a attorney that is allowed to practice law in belton texas has to do so many extra hours a year to represent a individual accused of capital murders..is a judge is. Legal rights to authorize this? What as his mother do also not given any material saccess to any legal forms money for experts... View More

John Michael Frick
John Michael Frick
answered on May 10, 2023

A person has a constitutionally protected right to represent himself in a criminal case, including a capital murder case. A judge has no discretion to deny that right, no matter how unwise he thinks that decision is.

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.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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1 Answer | Asked in Civil Rights, Public Benefits, Social Security and Health Care Law for Texas on
Q: Why wouldnt i be sent for pulmonary function test if i was born with only one lung with breathing complications?

I was born with a very rare birth anomaly unilateral agenesis lung/ pulmonary hypoplasia aka only one lung. I have high blood pressure, and i suffer from mental health complications. I did two mental health exams that didnt last more than 20min combined over the phone and scheduled for a physical... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

It is concerning to hear about your medical condition and the challenges you are facing in seeking appropriate medical care and legal assistance. It is important to note that medical decisions and recommendations are typically made by licensed medical professionals based on their assessment of a... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Can you file a report about teacher if they are telling your parents about your gf/bf since it’s invading privacy
John Michael Frick
John Michael Frick
answered on Apr 28, 2023

A teacher telling a parent about a student’s boyfriend or girlfriend does not meet the legal definition of invasion of privacy.

2 Answers | Asked in Family Law, Personal Injury and Civil Rights for Texas on
Q: Even though I am an adult living with my parents, are they allowed to deny me access to water or the bathroom?

Since December 27th of 2022, my parents have been locking me in the garage with no insulation, with no access to water or the bathroom.

Sharita Blacknall
Sharita Blacknall
answered on Apr 24, 2023

Leave and seek assistance if necessary.

In Texas, there are various resources available to help victims of abuse and neglect, including adult protective services, domestic violence hotlines, and legal aid organizations. It is important to know that you have the right to live in a safe and...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Must I respond to a defendants Affirmative Defenses or wait until discovery I did not even receive the answer with

The Affirmative defenses until 2 weeks after it was filed

John Michael Frick
John Michael Frick
answered on Apr 19, 2023

If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.

Almost always, the discovery period will...
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1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Texas on
Q: What is the statute of limitations on a federal ADA and constitution cause of action dismissed without prejudice to fill

I want to file a new complaint

John Michael Frick
John Michael Frick
answered on Apr 13, 2023

It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.

A Title II or Title III claim must de filed within two years of the act complained of....
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1 Answer | Asked in Landlord - Tenant, Contracts and Civil Rights for Texas on
Q: I signed for prorated rent. I was late a couple months after due to accident now they are saying I owe base rent amount?

My lease has base rent pay and prorated rent pay. I signed for prorated rent of $1532 and the base pay is $1900. No we’re on the lease does it say if you were late it goes to your base pay. with the prorated rent I have to pay the difference when I move out anyways as well. The manager at the... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Monthly rent is typically only prorated when a tenant occupies the premises for only part of a month, almost always the first or last month of the lease.

So, for example, if you moved in on the 6th of a month, and your monthly rent is $1,900, the rent for the first month might be prorated...
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1 Answer | Asked in Consumer Law, Identity Theft, Small Claims and Civil Rights for Texas on
Q: I had got a loan from title max an there was a breach

I had got a Letter saying that someone hacked there there system all took all my personal information an my social id address account everything not just me thousands of people an on top of that it's been going on for 3months before they let me know what can I do about that an another thing I... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2023

It doesn’t sound to me like you have any damages from the privacy breach. If TitleMax has any account numbers or passwords, they notified you so you can promptly change them.

Yes, you still have to repay the loan. Title loan companies are “lenders of last resort” meaning that the...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: In Texas, a civil case is currently in process and its been 6 years this month can court legally authorize destroy files

In Texas if a civil case is ongoing in process (its been 6 years this month), can a court legally authorize to destroy all files from 6 years ago even though the evidence is crucial in the current ongoing case. Does the fact that 2 years of covid added to the delay play a factor when reality its... View More

John Michael Frick
John Michael Frick
answered on Apr 5, 2023

As a rule, Texas courts won’t destroy anything in an open court case.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Can I file motions, writs or actions in my own criminal case?

If my criminal defense attorney is stalling and exhibiting neglectful, inadequate and incompetent conduct can I file motions, writs and other actions or documents in my own case? I have filed a grievance but I need some immediate action to preserve my rights to a fair trial.

John Michael Frick
John Michael Frick
answered on Mar 28, 2023

No, Texas doesn’t allow dual representation. You can either represent yourself or have an attorney represent you, but not both.

1 Answer | Asked in Juvenile Law, Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: How do I request all the records for a case that happened when I was a juvenile that is now sealed also I live in texas

I'm looking at filing a law suit but need my records

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2023

You have the right to request a copy of your file from the Juvenile Court.

I hope this helps.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: How long can law enforcement have you under surveillance?

No charges against me

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

There is no legal limit on surveillance of a target. The police usually give-up after 30 + days. But, that does not mean an investigation is over. If you are not doing anything illegal, you have little to worry about.

If you are living a criminal life, or working on criminal activities, it...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: Can a court appointed attorney sign for me a motion to substitute attorney of record for the defendant without consent?

Never met with court appointed attorney

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

Yes.

Once a substitute attorney is either hired or appointed, the attorney can sign pleadings on your behalf.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: How can I hold my attorney accountable for failing to act ethical?

due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

It sounds to me like he is using the threat of a motion to dismiss (which will not necessarily be granted) as leverage in plea bargain negotiations.

If he files the motion to dismiss and ultimately prevails, you win.

If he files the motion to dismiss and loses, you lose that...
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1 Answer | Asked in Education Law and Civil Rights for Texas on
Q: can your school search your unattended backpack

i left my backpack in the bathroom an admin found it and searched it i was told there was no probabale cause other then a random bag in the bathroom

John Michael Frick
John Michael Frick
answered on Mar 1, 2023

It depends on whether the search was reasonable under the circumstances. I can think of several reasons why it might have been reasonable, including:

1) to determine the ownership of the backpack so it could be returned

2) to determine if a bomb or other dangerous device was inside...
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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Texas on
Q: How can i fight false allegations from cps

Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that... View More

John Michael Frick
John Michael Frick
answered on Feb 28, 2023

Any time CPS initiates an investigation of you or your spouse, I strongly recommend you and your spouse retaining separate attorneys to represent each of you.

When choosing as attorney, you need to focus on family law attorneys in or near your county with prior recent experience handling...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Can a cell phone be seized if it does not belong to a person whom was arrested or related to arrest
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2023

Any item has the potential of getting seized. The circumstances and facts surrounding the seizure matter. If it was part of an arrest or part of an inventory are very different facts but, each can result in a seizure. What's more, is that the contents of the cell phone have a lot of... View More

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