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Texas Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Texas on
Q: What pleading would be best for a very documented fraudulent arrest so the matter is brought before the court pretrial

Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even

No local attorney has been... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.

I think the only way to...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can a police officer get away with a wrongful arrest. Violate an innocent motorist rights

Search his passenger, him and my car without consent. After information given, still be arrested and sent to jail. The stop was for my son or another car honking his horn . The officer said that was road rage, even if he knew the guy in the other car. My son was four years into his five year... View More

James L. Arrasmith
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answered on Mar 31, 2024

I understand how distressing this situation must be for you and your family. In cases of wrongful arrest and the violation of rights, the path forward can indeed be challenging and fraught with legal complexities. It's crucial to address these injustices, and seeking legal assistance is a key... View More

1 Answer | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Rights for Texas on
Q: i was involved in a hit and run on June 13, 2021 that was staged by my ex wife along with El Paso Police Officers

and also El Paso Sheriffs Deputies. The day of the hit and run moments before my ex wife kept anounccing every light intersection til we crashed. EPPD officers arrived and didt treat it like a hit n run. They moved my car and another officer arrived and gave me a ticket for not having my actual... View More

James L. Arrasmith
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answered on Mar 28, 2024

I'm deeply sorry to hear about the distressing experience you've gone through. It sounds like a complex situation involving personal relationships and the response of local law enforcement. It's understandable you would feel frustrated and possibly overwhelmed by the way events... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My son was diagnosed with schizophrenia and convicted. Medical was ignored. Can anything be done?

Attorney was made aware and records were available but he refused to look at them. My sons condition was known to this judge from previous situation. The charges were extreme considering the facts. In TDCJ his medication had been stopped. He had a relapse of symptoms and officer was told this. Was... View More

James L. Arrasmith
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answered on Mar 28, 2024

I'm deeply sorry to hear about the challenges and injustices your son has faced. It sounds like a difficult situation where the legal and medical needs of someone with a mental health condition have not been adequately met. It's crucial to advocate for his rights and ensure he receives... View More

1 Answer | Asked in Civil Rights, Government Contracts and Public Benefits for Texas on
Q: I need a lawyer with knowledge of Harris county housing voucher assistance program

I’m disabled with some mental health and physical disabilities. I need a lawyer to address on going contract issues, voucher assistance, denial of reasonable accommodation, privacy act and rental agreement violations.

James L. Arrasmith
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answered on Mar 26, 2024

Finding a lawyer knowledgeable about the Harris County housing voucher assistance program is a crucial step for addressing your concerns regarding contract issues, voucher assistance, denial of reasonable accommodation, privacy act violations, and rental agreement breaches. It is recommended to... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Texas on
Q: I want to know how an old charge effects my gun rights in Texas

I had a misdemeanor DV 8 or so years ago in Nevada. The PD gave me a plea deal to get out of jail if I gave up my gun rights. I agreed because I was young and it was an easy way to get out of jail. I moved out of state to TX shortly after that to get away.

One of the clauses was to do some... View More

James L. Arrasmith
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answered on Mar 24, 2024

Your situation sounds challenging, but understanding the legal implications is the first step towards resolution. In Texas, as in many states, a conviction for a misdemeanor domestic violence charge typically affects one's gun rights. This is because federal law, namely the Lautenberg... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Would there be any legal grounds for an inmate who is being threatened to be poisoned with fentanyl by a gaurd?

We have filed complaints with OIG, xx, the Warden, the governor and nothing is being done about it. Two days after this incident the inmate was given a Johnny sack and his pb&j sandwich had razor blade pieces in it. We have recordings of the gaurd on duty acknowledging that they saw it also. We... View More

James L. Arrasmith
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answered on Mar 22, 2024

If an inmate is being threatened or harmed, there are several legal avenues to consider. Initially, internal complaints to the Office of Inspector General (OIG), the warden, and other prison authorities are the correct steps. If these complaints are not addressed, the situation can escalate to... View More

1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I have multiple questions regarding a matter that was brought to a detective and no legal action was made

I have a previous employer that is trying to wrongly accuse me of a felony type action. This matter has been brought to the local police department, and detective two years ago. When previous employer walked into my current employer tried to tell management that I had a previous felony and... View More

James L. Arrasmith
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answered on Mar 18, 2024

In situations where a previous employer is making unfounded accusations against you, particularly of a serious nature like felony actions, and is attempting to influence your current employment based on these allegations, it's important to understand your rights and the steps you can take to... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: Why can I not get a copy of Form 505-4885 case closed 11/1/23. I have POA for my son. He requested I get a copy

They also told him 11/1/23 that he could request within 45 days. I received a email stating they would not have a copy for at least 6 to 9 months

James L. Arrasmith
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answered on Mar 14, 2024

It sounds like you're encountering a frustrating delay in obtaining a copy of Form 505-4885, despite having Power of Attorney (POA) for your son and following the instructions provided to you. This delay could be due to a variety of administrative reasons. For instance, the process of closing... View More

1 Answer | Asked in Civil Rights and Wrongful Death for Texas on
Q: Can I file a tort claim or civil right claim against the texas department of correction

My son died Nov 16 2023 while taking a shower at the powledge unit in Palestine tx. He yelled" I'm having a stoke, the officer in charge walked up to see him and said he was faking. Finally because inmates yelling for his help another officer comes in and calls for medical assistance, but... View More

James L. Arrasmith
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answered on Mar 8, 2024

In the wake of such a tragic loss, you might indeed consider taking legal steps against the Texas Department of Corrections, especially given the circumstances surrounding your son's death and the inmate grievances filed in response. Both tort claims and civil rights claims could potentially... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Internet Law and Libel & Slander for Texas on
Q: can a local police department say false things about you on social media? Making it look like you committed a crime?

I was accused of something on social media by local department and it was not like they said it happened. no. charges filed but the it made me look like i was still guilty . I wàs defended in comments and even after things were over they chose to lie and make me look like a thief still and... View More

James L. Arrasmith
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answered on Mar 8, 2024

If a local police department has posted false or misleading information about you on social media, suggesting you committed a crime when no charges have been filed, it's essential to address this matter seriously. The police are expected to adhere to standards of accuracy and fairness,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: I contacted the police about stolen items for my brother, but I want to be able to get them back or paid back

my brother stole my dad‘s ashes from me and my computer and I contacted the police and wanted to press charges but I don’t think if he goes to jail that he’s required to give it back but I would like it back and want to do anything I can but I need a lawyer pro bono

James L. Arrasmith
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answered on Mar 7, 2024

When you've reported stolen items, including something as irreplaceable as a loved one's ashes, to the police, you've taken a critical first step in seeking justice. However, criminal charges often focus more on penalizing the offender than on the recovery of stolen items. To address... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Mistakes made on bond conditions , which cause loss of employment and incarnation

Impeding breathing case which was dropped, cause loss of employment. Court also made mistake on bind conditions

James L. Arrasmith
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answered on Mar 6, 2024

When facing legal issues that lead to loss of employment and wrongful incarceration, particularly due to mistakes in bond conditions or charges that were eventually dropped, it's essential to seek legal assistance promptly. An attorney with experience in criminal defense can help navigate the... View More

1 Answer | Asked in Internet Law, Education Law and Civil Rights for Texas on
Q: is my teacher allowed to get rid of something I wrote in my own time without my permission?

I'm in 8th grade and in my English class, I work on a story that I've been writing. admittedly it is during the time I'm supposed to be doing other assignments; however, I do find that the way she (my teacher) handled this was a little over the top.

She threatened that if I... View More

James L. Arrasmith
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answered on Mar 6, 2024

Under California law, your teacher's actions could potentially infringe upon your rights, especially if the work was created on your own time and does not violate school policy. Intellectual property laws protect the creations of your mind, and even as a student, you have rights to your... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Fraudulent misrepresentation and possible discrimination by college coach

I was recruited via email and phone. I was told by coach she had 3 3rd basemen that weren’t good and woukd move her shortstop to 3rd and start me at shortstop. She also said she had university contacts and would help me get recruited to them for next year. When I said I would think about it she... View More

James L. Arrasmith
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answered on Mar 1, 2024

It's deeply troubling to hear about your experience with the college coach, especially the deceptive recruitment tactics and possible discrimination based on your race. The coach's promise to pay for tuition, housing, and books, only to kick you off the team after your family voiced... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Municipal Law for Texas on
Q: How can I get my car released from impound while it has a police hold

My car was impounded on a traffic stop due to bad registration and a hold was placed on my jeep, I wasn't issued a citation, the police won't release the hold without proof of registration but I can't get it registered because of the hold on the vehicle. My registration was only a... View More

James L. Arrasmith
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answered on Mar 1, 2024

It's frustrating to find yourself in this situation, but there are steps you can take to resolve it. Start by gathering any documentation you have related to your vehicle, including proof of ownership and any paperwork from the impound or the police. Contact your local Department of Motor... View More

1 Answer | Asked in Civil Rights for Texas on
Q: It's been two years and I've heard nothing,is this normal?
James L. Arrasmith
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answered on Feb 26, 2024

In legal matters, especially those concerning civil rights, the timeline for hearing back or seeing progress can vary widely depending on the complexity of the case, the jurisdiction, and the specific details involved. A two-year wait without any update or communication might not be typical in many... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Texas on
Q: How much will you charge me to prepare the proper document? Answer to civil suit ?
James L. Arrasmith
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answered on Feb 24, 2024

Determining the cost of preparing the proper document for a civil suit can vary depending on various factors such as the complexity of the case, the amount of research required, and the attorney's fee structure. Attorneys typically charge either a flat fee or an hourly rate for their services.... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Texas on
Q: Can someone help me file an answer in a civil case asking for dismissal bcuz plaintiff failed to include vip party
James L. Arrasmith
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answered on Feb 24, 2024

If you need assistance filing an answer in a civil case, you may want to consider reaching out to a legal aid organization or consulting with a lawyer who can provide guidance on the process. They can help you draft a response that includes your request for dismissal based on the plaintiff's... View More

1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I need help looking for a lawyer in Texas to sue a major corporation in policy and procedures for human rights.

General summary of unlawful suspension and conduct of an employee and investigation for that employee

James L. Arrasmith
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answered on Feb 24, 2024

To find a lawyer in Texas to assist with your case against a major corporation regarding human rights violations and unlawful conduct, you can start by conducting research online. Look for law firms or individual attorneys who specialize in employment law, civil rights, or corporate litigation. You... View More

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