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Texas Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Texas on
Q: If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble

If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble if they were told to not come back by my mom.

John Cucci Jr.
John Cucci Jr.
answered on Apr 12, 2022

This is a sticky situation. If you live at the house, you can invite anyone to come see you. However, I would not expect them to "hang out" at the house. You would need them to only stay in your room. Thus, they can come pick you up, or visit you in private, but to do so is asking for... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Is it a violation of my amendment rights if I have a public defender and spoke on the phone once. Before trial I have a

A new attorney and we're going to trial in 2 weeks or less or maybe 3 weeks but they're not prepared for my case and I haven't ever spoke to him before and the only information they have is what the prosecutor gave them instead of investigating my caseit been over 2 years

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 6, 2022

Although you have the right to an attorney, you don't have the right to a GOOD attorney. You have to pay for that and it's really expensive.

That said, if your attorney does nothing (or almost nothing) to prepare then that can be "ineffective assistance of counsel"...
Read more »

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3 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for Texas on
Q: Do i have a case against theft and prevention do they have the right to bodly hirt me and the other person?

I had shoplifted a pair of shoes and we walked out onto the sidewalk when 2 men regular clothed came up behind me grabbed me and my purse swung me around and was physically pulling me my friend said dont touch her and they borh grabbed him up and busted him against the wall and trash can and... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 19, 2022

They don't have a right to touch you. You need to get a lawyer and get the camera, I am sure they are going to say you hit them first or used force, That is how a simple shoplifting turned into a robbery,

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: I Trying to See who can lead me in the right direction with my cps case

my mom had temporary custody of my daughter but she past away an now is in state custody and I talked to the caseworker and stuff but they make it seem like if she got taken from me and what makes me look bad cuz I have one dirty UA but I haven't had my daughter and my custody for years so my... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 29, 2022

If your rights have not been terminated retain a lawyer. You will need to stay drug free. It doesn't not matter if your child not in your possession when you use. You can't use drugs

1 Answer | Asked in Civil Rights and Criminal Law for Texas on
Q: Do I have to provide the names of employees they were at facility cleaning and give it to the police. Wallet stolen

We were told if they were going to do an investigation and look at the camera from the office as well as the store where attempt was made at Walmart. This happened last night so clearly they don’t have the investigation completed My point is that if we provide the names and it turns out one of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 22, 2022

You could probably make them get a warrant but you might want to ask a local criminal defense attorney who knows how the cops operate in your jurisdiction... they can make more problems for you if they are unprofessional jerks.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can a police man tell me he is going to search and bring a drug dog AFTER I SAY NO TO A SEARCH OF MY VEHICLE?

My fiance was pulled over for registration being out. After running his name the officer asked him to step out of the vehicle, patted him down, but he was not arrested. The officer then asked if he could search. My fiance said no. The was no probable cause that I am aware of I'm this... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 8, 2022

It might be possible for his attorney to seek suppression any evidence that was found as a result of the search but a good attorney will probably first need to carefully study the offense report, arrest affidavit, BodyCam recording, DashCam recording, and the log file showing the data sent back and... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Who do I contact about a bond being set excessively high?

My fiance was arrested for POC PG1 >=4g<200g. His bond is set at $200,000. This is his first drug offense. I wouldn't have really thought anything about it and would have waited to file for a reduction, until I noticed that there is another inmate, in the same facility, with the same... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 9, 2022

The purpose of bail is to ensure the defendant's appearance at court and to ensure the safety of the community or victim. A POCS case doesn't really have a victim so perhaps there was something about his situation that concerned the judge about the defendant's willingness to appear... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Civil Litigation for Texas on
Q: Falsely accused of theft of property, can I sue police department and the company?

I was charged with shoplifting from a worldwide company. Loss prevention falsely identified me after doing a Facebook search. This is now on my record. I have been labeled as a theif! Ive missed several employment opportunities, I had to move back in with my parents because all agencies have denied... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 3, 2022

If all charges relating to the arrest were dismissed then you will eventually become eligible to petition for an expunction. An expunction is the means for clearing your arrest record. There are a couple of situations where you can go ahead with an expunction without waiting for the statute of... Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Native American Law for Texas on
Q: If I have proof can I back this statement up with an appeal

1) caseworker said if I'm negative I don't need to take drug test or treatment

2) there was no violence in my home

3) I am enrolled in a tribe and proof I'm native American

4) I done all my classes and completed them I paid for my classes. Got proof for that... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 13, 2022

If you submit this evidence at the trial level you can use it in your , It would be wise to hire a lawyer.

1 Answer | Asked in Libel & Slander, Criminal Law and Civil Rights for Texas on
Q: What if the investating officer tells the victim to do something for instance in my case my ex filed a report and put a

Criminal trespassing on me the officer told her that if she was in fear of me retaliating against her he said if she was that he could get a warrant for something she had said I did months before she made the report the officer thst issued a warrant and told her that when they come to our residence... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 16, 2022

It is likely that none of that will matter if your criminal defense attorney is basically a plea broker. Hire the best criminal defense trial attorney who is based in the same county where the case is pending. The prosecutor will probably start from a position of believing that the officer's... Read more »

1 Answer | Asked in Family Law, Adoption and Civil Rights for Texas on
Q: Hello I have a family law question.

My daughter just had a baby in November and baby tested positive for methamphetamines. Child protective services were called and she almost lost her baby to them but she had a good friend that she signed over Power of attorney to so her friend could take the baby. I didn't know about this... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 15, 2022

Based on these facts, CPS has likely been granted temporary custody of the baby due to the fact that drugs were found in its system at birth. CPS likely ran a background check on the friend and found that the friend posed a safe environment for the baby, so they've placed the baby with the... Read more »

2 Answers | Asked in Personal Injury, Workers' Compensation, Criminal Law and Civil Rights for Texas on
Q: Exceptions to Workers’ Compensation Immunity

I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

Filing a lawsuit to recover damages is not a matter of criminal law.

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1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Constitutional Law for Texas on
Q: hi

So i believe that yesterday i have been rudely denied FHA due to nation origin/race.

i have an entire night of conversation via iMessage and Roomies.com with Mr. X wife about how everything is going to be. Pet deposit $300, rent per month $450, Mr. X accepted my $300 deposit after he... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Feb 5, 2022

If you like the apartment, take it. But if it a month-to-month tenancy, I might tell you not to move in.

Go with your gut, and stick to your decision.

You will need actual proof of discrimination to do anything on that front.

I hope it works out.

Good Luck!

1 Answer | Asked in Real Estate Law, Civil Rights and Collections for Texas on
Q: What type of letter I need?

I recently receive my rental report history and I have a balance for $36,575 with zero late fees zero late payments zero court dates so I called the company and I asked them how did I and why do I have a balance of $36,575 they told me they don’t know the person who used to work for the... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Feb 5, 2022

I would need to read the document to advise you on it. Try to attach it to a question here, and I can review it. Otherwise you can call my office.

I really need more info here.

1 Answer | Asked in Civil Rights, Domestic Violence and Small Claims for Texas on
Q: My ex has been destructive and abusive but I have no “proof” in Texas. What can I do legally to hold her accountable

I’ve lost thousands of dollars in property because in Texas “she’s allowed to break my things.” Including a laptop that I used for school and to support my livelihood through a small business. I’ve been displaced without a home or job, forced to abandon my car and property and fly to the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 1, 2022

If you are not married then your stuff I not legally her stuff too, and therefore she commits the offense of Criminal Mischief if she decides to break it without your consent. That said, law enforcement isn't usually going to make an arrest in a situation like that unless (1) it is reported... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Do cops need a separate search warrant to enter a 10x8 tool shed that is behind lock and key and is 75 foot from house

The shed was not specifically detailed on the warrant but at the end of the warrant it goes on to say (and any other structure or building on the premises).doesn't it have to be specific on where to search.also to get in the building they trashed my house found my girlfriends car keys that... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 19, 2022

Your question has many legal issues. You nailed the first question: Do Police need a separate warrant for a locked shed? Maybe yes, maybe no. The answer depends on who's shed it is, and who, if anyone has dominion and control of the shed. The best case for you would be if you had a lease to... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Texas on
Q: What do I do if my ex is constantly texting me vulgar messages after asking her to stop

Police won’t do anything, do I need to take her to court, will she have to pay for legal fees if I do? We have 2 kids together so we need to talk ANOUT THE KIDS but she is constantly tearing me down. SHe hates my girlfriend and talks bad about us to the kids.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

Respond that you are only willing to talk to her about the kids. Do not respond to anything else she sends. If she continues to send those messages after you have been 100% clear AND you have stopped responding, then she is committing the crime of Harassment. The cops probably won't do... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it unlawful to omit a warrant from discovery that was used to track individual with gps and pull them over ?

In a case where they used gps on a vehicle to track person wouldn’t prosecution have to make it available for the defense in discovery ? her suppression was denied but the warrant could have shown premeditation for the traffic stop ! Cop said I was going to pull you over anyway but lied on the stand

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

No, not unless it was specifically requested and improperly withheld. The prosecution only has a duty to proactively provide the defense attorney copies of any exculpatory, mitigating, or impeachment evidence. Copies of other evidence are only provided if the defense attorney first makes a timely... Read more »

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Texas on
Q: What can a defendant do about a court appointed lawyer who never contacts me or responds to emails ?

You email judge but he refuses to reassign another one. Calling the BAR doesnt help my case, n wld only piss them off. Im not looking to file a complaint, i just want a lawyer who's not disgruntled. I understand that im just another case to them, but for someone whos never been caught up in... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Dec 1, 2021

Well you actually seem to be complaining about someone who probably isn't even your lawyer anymore. I say this because the way you describe your legal situation, that first court-appointed lawyer probably has withdrawn as counsel in your case and he probably feels like it would be improper for... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Texas on
Q: Is holding a mentally I'll person 27 months and not indicted cruel and unusual punishment

Filed by indictment was his book in..is that a legal indictment or does the grand jury have to indict him. He also was not evaluated within 24 to 72hrs. Can I file a writ of habeas corpus

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 29, 2021

If the person is being held on a felony offense, then, yes, the person has a right to be indicted by a grand jury before the State of Texas can prosecute him for that felony. The only exception to this rule is that an accused person in some cases may be allowed to waive (give up) his right to be... Read more »

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