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Texas Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Legal Malpractice for Texas on
Q: Is there some way to back out of a plea bargain is defendant signed for his sentencing?

My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More

2 Answers | Asked in Employment Law, Constitutional Law, Legal Malpractice and Municipal Law for Texas on
Q: Put on a final for attendence written in november improve above a verbal but handbook says can change to convenience

Can an employer not approve municipal court for absence?

Can attendance guidelines be changed to companys convinience and not adhere to progressive disciplinary process? Can hr state a written can be removed if improvement but can be accelerated to final if problem reocurrs within 12 month... View More

John Michael Frick
John Michael Frick
answered on Feb 20, 2024

Your post contains a lot of disjointed information, but asks no question. Please edit your post to ask a specific legal question which you would like answered.

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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

2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: I need some help with police brutality
James L. Arrasmith
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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

James L. Arrasmith
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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 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 and Constitutional Law for Texas on
Q: July 25th 2023 to December 6th 2023 been dealing with harassment, discrimination and a lot more.

So there's a police officer telling people I'ma drug dealer , claims my home is a drug home I been dealing with this officer from July 25th 2023 to December 6th 2023. As of right now I haven't been able to work and I'm looking for a new place to live as this officers... View More

James L. Arrasmith
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answered on Dec 30, 2023

Dealing with harassment and false accusations from a police officer can be a distressing and challenging situation. The allegations you're facing and the actions taken against you, such as illegal searches and property theft, are serious matters.

Firstly, if you believe that your...
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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 19, 2023

The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you)... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: If you're not indicted within 180 days.. How do you go about being released from the limitations of the bond.

Can you get your money back from the bondsman if you're not indicted within 180 days ( 1 year )

James L. Arrasmith
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answered on Dec 20, 2023

In Texas, if you are not indicted within 180 days for a felony charge, you may have grounds to request a release from the obligations of your bond. However, the specifics can depend on the details of your case and the type of bond you have.

For a surety bond (where a bondsman is involved),...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Texas on
Q: Do I have grounds for a discrimination lawsuit

My fiance just signed a contract for a tenant. The landlord didn't ask for a criminal background check just wanted to know who was staying in the home. I have a criminal background so now after we gave up the deposit and 1st month rent the landlord is saying that I might not be able to live... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, it's essential to first review the lease agreement that your fiancé signed. Check if there are any clauses regarding criminal background checks or requirements for tenant approval. If the lease was signed without such stipulations, the landlord's later refusal to allow... View More

1 Answer | Asked in Traffic Tickets, Criminal Law and Constitutional Law for Texas on
Q: I was initially stopped for a traffic citation that resulted in an arrest for possession of a controlled substance.

Two officers approached the passenger window and asked for our ID’s. They informed me of the traffic violations annd immediately asked me to get out and sit in the patrol car while they wrote them up. I did so after declining their request to search me and the vehicle.

Sitting in the... View More

James L. Arrasmith
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answered on Dec 17, 2023

Your rights during a police search are critical, and any potential violation of these rights could impact the outcome of your case. Legal representation will help you navigate these complex issues and ensure your rights are protected throughout the legal process.

1 Answer | Asked in Employment Law and Constitutional Law for Texas on
Q: Can your employer ask you for a copy of your ISP bill if you work remotely from home?
James L. Arrasmith
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answered on Dec 17, 2023

In Texas, an employer may request a copy of your ISP (Internet Service Provider) bill if you are working remotely. This request is generally considered reasonable, especially if the employer needs to verify your internet expenses for reimbursement purposes or to ensure that you have adequate... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: during traffic stop officer claimed probable cause stating he smelled marijuana,not true, cuffed me and my son. just

before he begin to search my vehicle i told him i didnt give him permission to do so he stated again probable cause at that time i told him him that this was all wrong we havent done anything wrong and if we could get someone else out here cause this wasnt right he was lieing and he had no right... View More

James L. Arrasmith
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answered on Dec 17, 2023

If you believe your civil rights were violated during a traffic stop in San Antonio, Texas, you have several options to consider. Firstly, document every detail of the incident while it's fresh in your mind. This includes the officer's name and badge number, the time and location of the... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: Is illegal, unwarranted search and arrest on the search and falsifying evidence a serious infraction against

Is it an infraction against DA and or Sheriff? If so what are the defendants options for recourse?

James L. Arrasmith
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answered on Dec 17, 2023

If you're facing a situation involving illegal, unwarranted searches and arrests, or the falsification of evidence, this is a serious matter that can potentially impact both the district attorney and the sheriff's department involved. These actions can constitute violations of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Construction Law for Texas on
Q: If I am on a construction site that is on private property, can the security company legally ask me for my ID?

I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal... View More

James L. Arrasmith
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answered on Dec 17, 2023

On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Military Law for Texas on
Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?

So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very... View More

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Dec 8, 2023

Unfortunately, the statute of limitations is paused once a case is filed. However, you do have a right to a speedy trial. To avail yourself of that right you need to clear the warrant (this is something that an experienced criminal defense attorney should know how to do in the jurisdiction with the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Employment Law for Texas on
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I

I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual.

With respect to your employer, in the absence of a written employment agreement that precludes your employer from...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What lawyer do I need for violation of my fourth amendment unlawful search at Wal-Mart

Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More

James L. Arrasmith
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answered on Nov 28, 2023

Based on the details provided, this appears to be a potential violation of your Fourth Amendment rights protecting against unreasonable searches and seizures. A few key points:

• Loss prevention personnel and police cannot simply demand to search personal belongings without consent or...
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