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Texas Communications Law Questions & Answers
1 Answer | Asked in Criminal Law, Communications Law and Constitutional Law for Texas on
Q: I need another Texas court appointed lawyer but was denied .What do I do?

I've been asking my court appointed lawyer to show me the discovery the DA has on me. He ignores me and tells me no. He tells me Im guilty and we begin trial in Sept. Ive been in County jail for two years and not once has he communicated anything with me.

James L. Arrasmith
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answered on Aug 31, 2024

If your court-appointed lawyer isn't communicating with you and isn't showing you the discovery, you have the right to take action. You should first document all instances where you've asked for discovery or tried to communicate with your lawyer, and how they've responded. This... View More

1 Answer | Asked in Communications Law for Texas on
Q: I have a company who has been calling me for months I have asked them to stop calling. They calling several times a

Day for example they have called 21 times in 13 days

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

Under Texas law:

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

* * *

(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner...
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Q: Is it a violation to keep mail from inmates for months before they ever receive it?

TDCJ took away usps mail. They say you must use their online messaging system. They do allow some mail to go through but it is mailed to dallas, then distributed accordingly. Is it legal for them to take 3 or more months to distribute an inmates mail to them? I would think it would be a violation... View More

James L. Arrasmith
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answered on Apr 4, 2024

The situation you describe raises serious concerns about the rights of inmates to receive mail in a timely manner. While prisons have the authority to regulate mail for security purposes, excessive delays could potentially violate inmates' First Amendment rights to communicate with the outside... View More

1 Answer | Asked in Business Law and Communications Law for Texas on
Q: Verbal agreement

If my father and I have been working to purchase a business and don't have a written contract but there are communications between us in email and text. Now we don't see eye to eye can I remove him from continuing to pursue the business while I continue on to purchase it without him?... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

It depends on whether you and your father have an actual verbal agreement or have just been "working to purchase" the business and whether your father has incurred any costs in reliance on any promises you have made.

To determine your best strategy to disengage with your father,...
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2 Answers | Asked in Business Law, Communications Law and Consumer Law for Texas on
Q: Can I sue my university my media advertising major went obsolte the year I graduated 2010
John Michael Frick
John Michael Frick
answered on Feb 16, 2024

It is highly unlikely any such lawsuit would be successful.

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2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

Dominique M. Williams
Dominique M. Williams
answered on Nov 3, 2023

I would caution against reading the book, or portions thereof, aloud publicly on a platform where you are receiving revenue. Under copyright law, a copyright owner is given sole and exclusive rights to reproduce the work, create derivative works, perform the work, display the work, or to authorize... View More

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1 Answer | Asked in Communications Law, International Law and Internet Law for Texas on
Q: Long distance relationship troubles

Hello! I was in a year and few months long distance relationship with a man from Saudi Arabia. He would send me money via PayPal and gifts through mail one time. Recently I’ve been feeling sour towards the relationship due to how he’s been treating me and talking to me. I’ve tried to break... View More

James L. Arrasmith
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answered on Nov 9, 2023

In matters of personal relationships, gifts are generally considered final and do not need to be returned unless there was a clear agreement that they were loans or conditional upon certain terms. His threats to sue you for the return of these gifts or money may not have a strong legal basis.... View More

1 Answer | Asked in Real Estate Law, Communications Law, Construction Law and Small Claims for Texas on
Q: If I bought a house with foundation issues, but were told those issues were corrected and they weren’t. what can I do

I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2023

Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.

See a good...
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1 Answer | Asked in Employment Law, Communications Law and Constitutional Law for Texas on
Q: Bar. Cameras posted throughout. Manager quits has passwords. Cont to monitor cameras (visual/audio) from home. Legal?

What is the proper (legal) way to address this situation and options we can take to stop ex-manager from monitoring cameras at establishment when there is no legitimate purpose. Thank you.

John Michael Frick
John Michael Frick
answered on Jul 17, 2023

It may not be legal to allow the former manager who no longer works for the bar to continue to monitor the cameras from home because the former employee no longer has a legitimate purpose. The bar owner should definitely change the passwords and should implement procedures to ensure that the... View More

1 Answer | Asked in Criminal Law and Communications Law for Texas on
Q: Recording Consent

If you are in a single party consent state (TX) and someone records you who lives in a dual party consent state (CA) is he breaking the law in his state even though you are out of state?

John Michael Frick
John Michael Frick
answered on Mar 31, 2023

Yes, most definitely. California in particular maintains that it can enforce its all-party consent law if any party to a conversation is in California when a conversation is recorded.

1 Answer | Asked in Constitutional Law, Communications Law and Libel & Slander for Texas on
Q: Could you start a class action lawsuit against Fox News for knowingly lying to people, or is it just free speech?
John Michael Frick
John Michael Frick
answered on Mar 17, 2023

There actually is a pending lawsuit against Fox News brought by Dominion Voting Systems arguing that Fox defamed Dominion. This case is set for trial April 17.

Suing a media member for defamation (i.e. libel and slander) is very difficult and expensive. Class action lawsuits are likewise...
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1 Answer | Asked in Communications Law and Federal Crimes for Texas on
Q: Recording Consent

If you live in a single party consent state Texas and another person lives in a dual party consent state (CA) can you record them if you are on a call with them (i.e. you are in Texas and are the single party that consents to record the call).

If the person in CA records the person in Texas... View More

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

Under Texas law, the State of Texas will not prosecute you for recording a conversation if you are a party to the communication or have the consent of at least one party to the communication.

Under California law, the State of California may prosecute you for recording a conversation unless...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Texas on
Q: After a temporary order , and finishing the order. Can the other party have a right to order a test without reasoning ?

I finished my life time recovery program on June 9th,2022. I was served a random court date for a hair and nail test. This started when I admitted to my husband I used when my son wasn't around. Due to the mental health and illness I was going through , I never had a criminal or drug history... View More

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

If you are ordered to do a drug test you need to get one done asap. If you used you need more treatment,

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Texas on
Q: How do I get a case dismissed that I was indicted for in 1998 after finding out the indictment was wrong?

In 1998 I was sentenced to 5yrs probation for failure to register, after pulling the record and the true bill of indictment

I realized that the reportable conviction they used to get the indictment I was never convicted of nor was I ever charged with this crime. After all the years that... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 14, 2021

If anyone can fix the conviction, it will be an expert in criminal appeals, and that will be expensive. However, if you were granted a pardon by the Governor of Texas, then you could file for an expunction of the records. That might be just as good of a result, depending on your goals.... View More

1 Answer | Asked in Divorce and Communications Law for Texas on
Q: So long story and dumb on my part. My husband and I are getting divorced. He is dating I messaged the woman.

She didn’t know he was married. No threats or abusive language was used. He tends to lie to I wanted her to know he was married. Again she did not. I apologized for contacting her and assured her I would not bother her. Several hours later she said she was very private and felt unsafe. Again no... View More

Teri A. Walter
Teri A. Walter
answered on Feb 5, 2021

The fact that she's uncomfortable doesn't mean you did anything wrong. Just leave her alone and don't worry about it.

2 Answers | Asked in Criminal Law and Communications Law for Texas on
Q: I have someone threatening to file harassment charges on me for sending a fb message. Can they do this?

This man posted a racist statement in a public Facebook group. I sent the screenshot to his sister and daughter. I also messaged his wife asking why she deleted me. I have not contacted any of them since, and have asked him to stop contacting me after his initial threat. He sent another message... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

A great Tx Lawyer and Judge said: "You can sue a ham sandwich." It sounds like this person thinks his beliefs are the supreme word of God and we should all be worshiping the ground he walks on. He could bring a harassment litigation against you in civil court. The police are usually... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Communications Law and Federal Crimes for Texas on
Q: Neighbor tempering jamming my security system and using electricity to transmit better from my camera system I have proo

Neighbor using electricity to transmit and receive data new technology to my camera system. I have proof on video.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 6, 2020

Consider building a "Faraday Cage" around your electronics to prevent unwanted interference from outside electromagnetic waves. A modern approach is to use EMF shielding paint... it is even available on Amazon.

Warning: Totally blocking external electromagnetic waves in your...
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1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Environmental for Texas on
Q: my daughter is 13 and has 20 hours of community service she only did 10 because she ran out of space on the sheet whats
Tammy L. Wincott
Tammy L. Wincott
answered on Jan 22, 2020

Please complete your question. Your daughter can make copies or ask for another sheet.

1 Answer | Asked in Criminal Law and Communications Law for Texas on
Q: If someone was lied to about a court date what can they do? In Texas

My friend thought a court date was in December. He got a text message on November 17th saying that if he doesn't go to court the next day he will have a warrant for his arrest. He called them because he wasn't aware of this, then the lady asked for his full name and stuff to look up when... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Nov 27, 2019

I suggest your friend call the court to ensure that it is a legitimate call to begin with.

2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Federal Crimes for Texas on
Q: Can I sue my neighbors with proff of them using a jamming device on my home security system camera?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 20, 2019

Not in Criminal Law. I'm able to provide an answer with regard to the other listed areas of law because my focus is Criminal Law.

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