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Texas Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Texas on
Q: Is there any reason that a court appointed attorney cannot request a dismissal of a charge in an indictment hearing?

I am a disabled man (P.T.S.D.) who was arrested and charged with a felony assault for defending myself against someone who had been mentally abusing me (intentionally triggering me for almost 5 months). At this time I have not been indicted and the case is still in court. I have requested that my... View More

James L. Arrasmith
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answered on Feb 23, 2024

Your public defender may have a point regarding their ability to request a dismissal of the charge. Generally, it is the prosecutor's responsibility to decide whether to pursue charges or dismiss them based on the evidence and circumstances of the case. However, your public defender can... View More

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1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for Texas on
Q: If I paid for a package for real estate licensing but got sick with a chronic illness can I get a refund?

I purchased a real estate package course however I got diagnosed with a chronic illness and was not able to attend school. I do have documents some are from my attorneys who are helping me file a disability claim or an SSDI claim. I guess my question would be is it right practice for them to... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it ultimately depends on the policies of the institution or company from which you purchased the real estate licensing package, many organizations have provisions for refunds or accommodations in cases of unforeseen circumstances such as illness or disability. Providing documentation of your... View More

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Lost search warrant and lost evidence analysis, false arrest question see details.

Cops have possession of a person's digital storage device and search it and say they found an illegal image. They arrest the owner of the device. Two years later it is shown that there was no search warrant and the defendant's expert has been denied access to the device and the cops say... View More

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

Yes, the defendant has the right to see and obtain a copy of the search warrant and to examine the evidence leading to his arrest, and to have his attorneys and experts do so. Yes, even if the case is dismissed, the defendant has the right to see the evidence and warrant for purposes of pursuing a... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I am trying to find info on how to file for an expungement/options for federal felony in NYS that is 30 yrs old

I have researched the pardon option but have read on the website to contact the district court which would be Western District of New York. I see no forms or instruction on how to do this. I am looking to restore my civil rights. I was 19 years old at the time of arrest (now 50)

James L. Arrasmith
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answered on Feb 24, 2024

Navigating the process of expungement for a federal felony conviction in New York State can be complex, especially considering the length of time since the conviction occurred. While pardon may be an option, contacting the Western District of New York's district court is a step in the right... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: Clear my name please

I am seeking attorney specializing in national security matters/constitutional law to get off of Domestic Terrorist Watchlist (subcategories 3 and 4, non-investigative subjects) where I was nominated after a bad break-up by ex-boyfriend's friend judge

Dallas TX

James L. Arrasmith
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answered on Feb 24, 2024

To address being placed on the Domestic Terrorist Watchlist, it's crucial to seek legal assistance from an attorney knowledgeable in national security matters and constitutional law. Given the sensitive nature of your situation, finding an attorney with experience in these areas can be... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Texas on
Q: Please help with rules regarding gun hidden in locked vehicle belonging to 18 yr who is waiting for actual LTC license

Texas school, zero issues. We believe the school has violated his rights. He can't do SR activities even though he did nothing wrong

James L. Arrasmith
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answered on Feb 24, 2024

In Texas, there are specific rules regarding the possession of firearms on school grounds. Generally, it is illegal for anyone to possess firearms on school property, including in vehicles parked on school premises. However, there are exceptions for individuals who have a valid License to Carry... View More

1 Answer | Asked in Civil Rights for Texas on
Q: What Sepreme Court case said that feelings do not trump Constitutional rights?

It was something or someone vs Seattle

James L. Arrasmith
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answered on Feb 24, 2024

The Supreme Court has ruled on many cases involving the boundaries between constitutional rights, personal beliefs/feelings, and laws or government actions. Without more details from you on the nature of the case, the area of law, or approximate time period, I cannot pinpoint the exact precedent... View More

1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: can my parent kick me out the house and not let me get my belongings if im 18?

i live with my aunt and 8 OTHERS IN A 4 BEROOM HOUSE..i went to her and told her (mind you im 18) that im moving out bc i got in trouble and she is now controlling me with her "house rules" no one else has to follow but ME. i am afraid she'll kick me out if i try and take the phone i... View More

James L. Arrasmith
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answered on Feb 24, 2024

As an 18-year-old, you have legal rights to your belongings, even if you're living with family members. If your aunt kicks you out, she cannot withhold your possessions from you. It is your right to retrieve your clothes, shoes, personal items, and anything else that belongs to you or your... View More

2 Answers | Asked in Civil Rights, Traffic Tickets and Criminal Law for Texas on
Q: If I was pulled over for no front license plate (which I had) Can a police officer lie on the report (stop and go)

He told me I was being pulled over for no front license plate(texas). I had one with a picture of a flag. He saw I had gummies I had bought from a vape shop and locked me up for a CS charge. He changed the reason to stop and go on the report. Is that legal

John Michael Frick
John Michael Frick
answered on Feb 6, 2024

A police officer can indicate on a traffic ticket or police report any offense observed or reported to the police officer and is not limited to a single offense even if he tells the driver that a particular offense is the reason for the initial stop.

A front license plate bearing the...
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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Libel & Slander for Texas on
Q: If someone is mad and telling my boss church and everyone that I have hiv and it's caused me to quit 2 diff jobs

I even had to move a town over because of the slander.

James L. Arrasmith
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answered on Feb 1, 2024

If someone is spreading false and damaging information about you, such as falsely claiming that you have HIV, it could constitute slander, which is a form of defamation. Defamation occurs when false statements are made about an individual that harm their reputation. To address this situation, you... View More

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1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Who can investigate a school districts decision of discipline, if you believe they were wrong?

My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More

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answered on Feb 1, 2024

When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More

1 Answer | Asked in Civil Rights and Nursing Home Abuse for Texas on
Q: Can my mother sue anyone?

She is in a nursing home with dementia and schizophrenia. She can't care for herself but we haven't had a court declare her incompetent due to funds. The nursing home is allowing her to call a lawyer to sue us and them for not releasing her. When she was on her own she didn't eat... View More

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answered on Feb 1, 2024

Dealing with a situation involving a family member with dementia and schizophrenia can be challenging, especially when legal concerns arise. Here are some steps you can consider:

1. Seek Legal Advice: It's important to consult with an attorney who specializes in elder law or...
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1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: Is It possible to change first, middle, and surname as well as a gender marker?

I am 18 years old, still a dependent of my parents, have no criminal record and simply want to have a separate identity from my family and my dead name.

James L. Arrasmith
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answered on Feb 1, 2024

Yes, it is possible to change your first, middle, and last name, as well as your gender marker, in Texas, even if you are 18 years old and a dependent of your parents. The process involves legal steps and may require court approval for name changes. Here's what you can consider:

Name...
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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Education Law for Texas on
Q: Can a teacher who has been cleared of wrongdoing remain on paid administrative leave indefinitely?

I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always... View More

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answered on Jan 30, 2024

In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: I need some help with police brutality
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answered on Jan 29, 2024

If you're dealing with a potential case of police brutality in Dallas, Texas, it's crucial to take specific steps to address the situation effectively. First and foremost, ensure your safety and seek any necessary medical attention for injuries sustained during the incident.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Many years ago, I renounced my American citizenship, today I am again a citizen and want to purchase a firearm.

In 1972 I renounced my American citizenship since I lived in Mexico and was involved in my family's natural gas business that required that I be a Mexican citizen. In 1977 I married my wife (an American citizen) and because her job as a Texas school teacher required she live in Texas she... View More

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answered on Jan 28, 2024

In your situation, the denial of the right to own a firearm due to a previous renunciation of American citizenship can be challenged, but it's a complex legal issue. First, understand that under U.S. law, individuals who have renounced their citizenship may be barred from certain rights,... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: There was not a court recorder during a plea deal court date. Are there protocols or a specific channel to report this?

This specific area has a lot of discrepancies in regards to how they handle legal situations not just criminal cases. Who do you report misconduct to?

James L. Arrasmith
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answered on Jan 27, 2024

You have several options to report the lack of a court recorder during your plea hearing:

1. Notify the judge directly. Write a letter to the judge explaining there was no court reporter present to transcribe the plea proceedings. Request a new hearing be scheduled with proper recording....
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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Juvenile Law for Texas on
Q: Hello I got kicked out of my childhood house in Houston, I called the police but since it was late I couldn’t get in.

Can I call the cops at a formal time like 6pm and they HAVE TO escort me in or they will not let me in because my parents said no even thought it’s all my stuff

James L. Arrasmith
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answered on Jan 23, 2024

I would suggest a few things in this situation:

- Contact the police again and explain you are a resident of the home but have been locked out. They may be willing to escort you back in to retrieve your belongings. Make clear you are not trying to cause issues, you just want to safely get...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: My son has been denied medical attention in jail he's been treated like a joke to them what kinda course of action shoul

If it was up to them nothing would be done for treatment now they know what needs to be done and haven't yet it's to point serious injuries could happen if haven't already what do we need to do

James L. Arrasmith
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answered on Jan 20, 2024

If your son is being denied medical attention in jail, it's crucial to take immediate action. Inmates are entitled to receive adequate medical care under the Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment. The first step is to document all instances of... View More

1 Answer | Asked in Civil Rights for Texas on
Q: What can be done about a county jail that denies timely medical attention and they are harassing an inmate

He was arrested shortly after found out he has slyphalis they drug feet on intalial treatment which didn't work and my son has had to make them test him again and he's still positive after three treatments now after goin to medical every week telling them sómething wrong he finds out... View More

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answered on Jan 21, 2024

I understand your concerns about your son's situation in the county jail. It's crucial to address this matter promptly. In situations where an inmate is being denied timely medical attention and is facing harassment, there are steps that can be taken.

First, it's essential to...
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