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Texas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Civil Litigation for Texas on
Q: How can I get my car back if it's been seized and my case thrown out?

Please officers seized my car there was illegal immigrant in the trunk of our car that climbed in there we did not put him in there we were unaware that he was in there he must have got in there when we were at the store we cooperated they pushed and taunted us we are secure party creditors they... View More

John Cucci Jr.
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answered on Nov 12, 2023

The good news is that seizure of your car is a civil matter. You should have received paperwork and a NOTICE of seizure of your property. That will have a case number and a court reference, so you can make your claim and get your car back.

The bad news is that there are strict time limits...
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1 Answer | Asked in Civil Rights for Texas on
Q: Hypothetically, if I am working for a company that refuses to service Indians; can I sue based on title 7 of civil right

If they're discriminating against Indians by not providing a service doesn't that go against title VII of the civil rights act and can I sue? I am not an Indian or customer I am an employee that disagrees with this methodology

James L. Arrasmith
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answered on Nov 12, 2023

In Texas, Title VII of the Civil Rights Act primarily addresses employment discrimination, not service discrimination. As an employee, you cannot sue under Title VII for your employer's refusal to provide services to Indians, as this law pertains to discrimination against employees, not... View More

1 Answer | Asked in Civil Rights for Texas on
Q: when you are arrested aren't you supposed to see a judge or magistrate before you are released?

if you dont wouldnt that be considered denial of due process?

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

Not necessarily. If you are held in custody, you must see a magistrate within 48 hours. But, you can be released within that 48 hours without seeing a magistrate. This is particularly true if a decision is made not to pursue prosecution.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: If it went to the emergency room for a non job related injury, and was tested . Can I be terminated from that

Because while I was in another state. Where I don't live or work. That drug test was given to dhs and my kids where interviewed , and then when I got out Hospital. I returned to work just to be fired. Cause my job had got referral from dhs . And they said I was fired cause the drug test from... View More

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

It depends upon your former employer's drug policy and, most likely, on what drug you tested positive for.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for Texas on
Q: My brother's ex wife is trying to extort or blackmail him. What can he do? continued details: jail 3x nowbecausethis

She left him very abruptly and she ended it horribly with not a lot of questions answered. No sit down and discussion about why or anything. Just kicked him out and then cut him off completely. And well my brother being heartbroken and in so much emotional pain wanted answers and explanations.... View More

Grant St Julian III
Grant St Julian III
answered on Nov 1, 2023

I am not sure of your exact question, but if a protective order has been issued your brother must stay away or risk going to prison. He needs to talk with a criminal defense attorney and a divorce attorney. Good luck.

1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Civil Rights for Texas on
Q: Victim of Criminal Trespass & Assault

Police has (not) arrested "assailant" who is an Immigrant; who resides in -- same -- apartment complex; Property Manager only gave (assailant) a "Lease Violation"

Grant St Julian III
Grant St Julian III
answered on Oct 19, 2023

I am not sure of your exact question. If you are the victim of a crime, stay in contact with the detective assigned to the case

1 Answer | Asked in Civil Rights, Appeals / Appellate Law and Civil Litigation for Texas on
Q: I have a judgment on Texas civil practice in remedies code section 31.002.(b)(3) which has seized my bank account

law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and... View More

John Michael Frick
John Michael Frick
answered on Sep 27, 2023

I don’t understand what you mean by doing Nash and undermined Lee.

As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.

Then contact an experienced civil litigation and...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: This is so confusing , I was 100% not doing anything wrong and the next thing you know it I had 2 unlawful arrest

So left the job site went to work 3 employees with me , after the job we did I dropped off one guy at home than drove to my bosses and we pulled up and got out the vehicle and a police officer parked behind us out of no where I guess my co worker had a warrant and took off running the officer... View More

James L. Arrasmith
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answered on Oct 15, 2023

It sounds like you've been through a challenging situation. In matters involving unlawful arrest, it's critical to ensure that your rights are protected. To navigate this, you should retain an attorney experienced in criminal defense or civil rights. Document all details of the event,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Nursing Home Abuse and Real Estate Law for Texas on
Q: A veteran that did three tours in Afghanistan as a marine came home and immediately went to work as an amazing police

Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him,... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: ipoted bail on felony andfiled motion forexaminingtrial hearing before indictment andcourt returned no actiontaken

does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)... View More

James L. Arrasmith
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answered on Oct 15, 2023

Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do I motion the court for discovery specifically the arresting officer's report?

On 3/23/2023 I was pulled over for not having plates on my private automobile. Sheriff's deputy requested driver's license and insurance documents. When I asked why he threatened me by saying if I didn't provide those documents he would break my window arrest me. I again told him I... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

File a motion asking for the arresting officer’s report. But don’t expect it to describe your encounter quite the same way you recall it.

Personally, I’d ask for the bodycam video.

And you don’t have a right to drive your private automobile on public roads without license...
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1 Answer | Asked in Estate Planning, Civil Rights and Probate for Texas on
Q: Us nysone allowed to kick me out of the house I e lived at fir 22 years after my. Nother passed away and left him the ho

I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 15, 2023

I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can my lawyer get my phone back if a detective took it into evidence.
T. Augustus Claus
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answered on Sep 15, 2023

They can contact the detective or law enforcement agency involved to request the phone's return, provide legal justifications for its return, and potentially negotiate for its release. If the seizure of your phone is believed to be unlawful or a violation of your rights, your lawyer can file a... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can charges be filled again me if I left and they wasnt able to talk to me.

I came home was coming in the back door and a girl was stand in my room she push me out the door. So I go around to the front to go in and there 2 girl one in front of me the other behind me. There jumping me so we start fighting one girl live there the other one doesn't bug the one that... View More

Grant St Julian III
Grant St Julian III
answered on Sep 18, 2023

There was a fight. CAN criminal charges be filed against someone who was involved in the fight? In my opinion and from what you describe, yes. WILL any charges be filed against YOU ? No one in this forum can answer that question. If you are contacted by a detective or a police officer, call an... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Can I ask the school to refrain from asking my child personal questions on what goes on outside of school?

There was an issue at my childs school and my child keeps telling me that these teachers and principles kept asking her questions over and over about what goes on at home. To where she got overwhelmed at the questions being asked.

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

Yes, you can legally ask the school to refrain from asking your child personal questions about what goes on outside of school. Legally, however, school employees are not obligated to honor your request.

1 Answer | Asked in Civil Rights for Texas on
Q: Police pulled me over because they said tail light was not on. I came back home and checked every light and it’s working

It was 8:00 pm. Officer gave me a written warning. All my tail lights are totally fine and are working.

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

The problem may be intermittent. Since you just got a warning and not a citation, legally there is nothing further for you to do. Just monitor the situation and, if it happens again, take your car to a mechanic.

1 Answer | Asked in Civil Rights for Texas on
Q: Can someone at the age of 19 carry a hand gun ?
T. Augustus Claus
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answered on Sep 5, 2023

In Texas, the minimum age to legally carry a handgun in public places, openly or concealed, is generally 21 years old. However, there are exceptions to this age requirement. One exception is for individuals who are at least 18 years old but less than 21. They can carry a handgun in Texas if they... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: My boyfriend suffered the loss of a testicle due to jail not sending him to emergency room. Can we sue

He has been commuting an undisclosed location for 3 months to regain competentcy. No hearing on his mental state until 11/24/23. They will not tell anyone where he is. He has said me and his mother could get info on last case it's on file with court

James L. Arrasmith
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answered on Sep 11, 2023

In situations involving medical negligence or deliberate indifference to a serious medical need while in custody, there might be a potential for legal action based on a violation of the individual's constitutional rights. Specifically, the Eighth Amendment of the U.S. Constitution prohibits... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Texas on
Q: Can I sue a police officer who stopped my son for no reason and charged him with evading arrest for no reason?

Body and dash cam showed no claims for detaining him with evading arrest. He also lied on his report saying he pulled him over for not stopping when exiting the parking lot and on the dash cam it showed him waiting for a car to pass before exiting. He drove 2 blocks at 20mph before pulling over and... View More

John Michael Frick
John Michael Frick
answered on Aug 27, 2023

Be thankful that the dash cam prevented your son from being convicted and move in with your life.

Your question suggests there are negligible damages assuming you could prevail and police officers generally are immune from lawsuits in these circumstances.

Do you really want to spend...
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1 Answer | Asked in Criminal Law, Civil Rights, Libel & Slander and Small Claims for Texas on
Q: Persons. Presented themselves as law enforcement officers to me. To obtain a dog for a police department

I have texts. Recordings. Pictures. These men are not law enforcement officers. They are now. Threwtening to shoot me. Sheriff offfice will do nothing

John Michael Frick
John Michael Frick
answered on Aug 21, 2023

If you sold a dog to individuals under the mistaken belief that they are law enforcement officers, a question arises as to whether you sustained any damages. You would need to present evidence of some difference in the price that you sold the dog for compared to the price that you would have been... View More

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