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Texas Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: inmate #526917 never received search warrant copy/inventory,drugs seize 4th amendment constitutional right was violated

Wat are his options or strategies for his case.what bcdc.did not once read my rights or juans rights can he file Motion to Surpress .In court.

John Michael Frick
John Michael Frick
answered on Dec 12, 2024

Yes, a motion to suppress is the correct pleading to file to suppress evidence obtained as a result of an illegal search. you should discuss this option with your criminal defense lawyer to see if the facts support your contention that the search was illegal.

1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: The cops and a family member couldn't find a way to legally arrest me until this... Is this conspiracy, entrapment?

"Yeah, if he takes off on the quad again, he's probably going to the store, which means it's a DWI."

Officer ...: "You call us on that. It's also not street legal."

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

No, this is not conspiracy or entrapment.

0 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: I was arrested while I was being transported to the county jail the deputies made calls from my cellphone to contacts.

Further more the investigators confiscated the cellphone and some money from my property ,but I was not notified or signed a property sheet of what was confiscated.Are those actions violations of my fourth amendment rights

2 Answers | Asked in Civil Rights and Constitutional Law for Texas on
Q: How can you help me understand my civil rights
John Michael Frick
John Michael Frick
answered on Nov 11, 2024

Most attorneys who practice in the area of civil right can assist you in understanding your civil rights. A Q&A forum like this is appropriate for a specific question about a specific matter which requires a short answer. For more broead general educational purposes, you might consider taking... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: I'm a victim of Remote Neural Monitoring. I need a lawyer to send a Cease and Desist to a Fusion Center. Any takers?

I'm of sound mind. I need legal help, not a doctor. I'm guessing an FBI Fusion Center may be aware of what's going on and may cooperate with an attorney. Thus far, I've been ignored by law enforcement.

James L. Arrasmith
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answered on Oct 27, 2024

I'm sorry to hear that you're experiencing these challenges. It might be helpful to consult with an attorney who has experience dealing with government agencies. They can assist you in drafting a cease and desist letter to the Fusion Center.

Since law enforcement hasn't been...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: if charged with a felony but not convicted. Can the police keep your weapon from prior incident where no charges broug.

I use my gun and self-defense a few weeks before the possession charge. I was considered the victim and no charges were brought against me but now after the drug charged, they will not let me pick up. My weapon is legal and am I allowed to have a family member pick up my weapon signed over to them.... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're going through this situation. Even if you weren't convicted, certain charges can lead to restrictions on firearm possession. The police may hold your weapon based on the nature of the felony charge and any related concerns.

Transferring your gun to a family...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: I shot a dog on my property with my sons pistol , now I think they are going to file charges of felon in possession of

Disregard this question

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

IT depends how long you have been out of prison if you can have a gun at your residence under State law . Under Federal law you can never own a gun anywhere or anytime,

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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Can I report someone to police for letting dogs in the house get loose, knowing there are holes in the fence?

Two pitbull mutts in the house keep being let out into the backyard by someone who 1.)knows they will get out because there are holes in the fence. And 2.) does NOT watch them when they put them out. Both dogs appear dangerous to strangers and bark loudly and aggressively despite never having... View More

James L. Arrasmith
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answered on Oct 9, 2024

Yes, you can report this situation to the police or your local animal control agency. Allowing dogs to escape due to a faulty fence can pose safety risks to your neighborhood. Since one of the dogs has a history of biting household members, it’s important to address the potential danger they... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: If a police arrests you for conduct they incorrectly believe to be illegal, is that a lawful arrest?

Specifically, if you're talking to the person the police are arresting, that does *not* make you guilty of Interference with Public Duties. The statute says that it's "a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged... View More

James L. Arrasmith
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answered on Sep 20, 2024

If the police arrest you for conduct they mistakenly believe is illegal, the key question is whether they had *probable cause*. Probable cause means the officer must have a reasonable belief, based on the facts, that a crime has been or is being committed. If your conduct only involved speech, and... View More

1 Answer | Asked in Constitutional Law for Texas on
Q: An officer called my dying child a freaking dumb dumb on body cam. I made a police complaint but nothing came of it.

He died in a marked crosswalk at 1:32 pm. Driver was not charged or ticketed at all. Needed to be wearing corrective lenses but wasn’t. No sobriety test. Multiple officers asking if he was black. He was Mexican. Why would that matter. Woman checking sobriety only looks at her pupils but wore... View More

James L. Arrasmith
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answered on Sep 12, 2024

I'm deeply sorry to hear about your loss. The conduct of the officer and the handling of your child's case seem to raise serious concerns about professionalism and proper procedures. When an officer makes an inappropriate remark or fails to conduct a proper investigation, it can feel like... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Q: If the police tell you that they aren’t going to charge you with a crime, release you from their custody, and then

Allow you to re-enter your home for 10+ minutes before changing their mind, coming and knocking on your door telling you that you need to come with them because they changed their minds, shouldn’t they have needed a warrant for my arrest at that point?

James L. Arrasmith
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answered on Aug 31, 2024

If the police initially released you from custody and allowed you to return to your home, then changed their minds and asked you to come with them again, the situation can be complex. Generally, once you are released and back in your home, the police might need a warrant to arrest you again,... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Texas on
Q: I filed a case under 42 U.S.C. 1983 suing a judge for violation of 14th Amendment in Texas. Civil case.

I need to talk to a lawyer that has filed one before regarding Rule 12 motion to dismiss.

John Michael Frick
John Michael Frick
answered on Aug 19, 2024

You likely will have a tough time. Successful Section 1983 cases against judges are extremely rare. Because of their extreme scarcity, there are likely only a handful of attorneys alive who have filed such a case against a judge.

Now many such cases are filed by pro se litigants who do...
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2 Answers | Asked in Civil Rights and Constitutional Law for Texas on
Q: Need a Civil rights attorney
Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

A Texas attorney could advise best, but your question remains open for a week. If you are seeking an attorney, it could be difficult for attorneys here to reach out to you - this part of the site is for quick Q & A. There is another section of this site (see the tab above, "Find a... View More

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1 Answer | Asked in Constitutional Law and Military Law for Texas on
Q: If I fill out an affidavit to retrieve my firearms back will they give them to me? Not a felon or anything

When I was in the military 2 years ago I got my firearms confiscated from me at the gate in Fort Hood for possession of marijuana and firearms. I was not charged or trialed and got out with an honorable discharge and haven't seen a court room. I ran my background check and I come back clean... View More

James L. Arrasmith
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answered on Aug 15, 2024

You have a good chance of retrieving your firearms, especially since you were not charged or convicted of any crime, and your background check is clean. Since the firearms were legally purchased and you have the proper paperwork, this strengthens your case.

Filling out an affidavit is a...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: How can you find someone to help get a bond reduced especially when the bond is way excessive

The bond is set at $1 million dollars for a first time ever getting into any trouble. Has no prior record and has not seen a judge at all. Also like how much does it cost

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

There is no guarantee that bond will be reduced as the result of hiring a lawyer because the bond isn't set by the lawyer, so the lawyer doesn't have the ultimate power to reduce it. That being said, a lawyer can consult with you and give you a better picture of what they believe they can... View More

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1 Answer | Asked in Estate Planning, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: can trustees of a irrevocable trust be sued?

conned into signing a MOU, experienced malfeasance at the hands of them. subpeonas revealed they committed crimes against me and tried to cover it up. I want to sue them for large monetary damages, it's an irrevocable trust.

James L. Arrasmith
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answered on Aug 31, 2024

Yes, trustees of an irrevocable trust can be sued if they have engaged in wrongdoing. If you were misled into signing a Memorandum of Understanding (MOU) and have evidence of malfeasance or criminal activity on their part, you may have a strong case. Trustees have a fiduciary duty to act in the... View More

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

2 Answers | Asked in Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Please let me know as soon as you can.
Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

Part of your question may have gotten left off. Try reposting - something is missing. Good luck

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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Texas on
Q: I was sexually harrased at 1st day of work I rented a room for a week and a half so he offered work for room and board

and $25 he showed me my 1st room to clean but it was already clean so I felt uncomfortable as it was because he kept coming in and out of room for towels soap etc but I needed the job. So he took me to a far in back.he never left room n kept saying sex sex for 25 but I SD no I need work money so he... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm so sorry to hear about your experience; it must have been incredibly traumatic. You should know that what happened to you is not your fault, and there are steps you can take to seek justice and support. Reporting the incident to local authorities is crucial as it can help prevent this... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: CAN I SUE TEXAS FOR VIOLATIONG MY DUE RIGHT'S PROCESS TAKING ME TO TRAIL AND REFUSING ME A LAWYER?

THE SAME TRAIL I WAS BEAT BY THE OFFICER IN HANDCUFFS. I'M A SPEACAIL NEEDS NIGERIAN COLLEGE TRANSFER STUDENT WITH NO VIOLANT HISTORY.

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you may have grounds to sue Texas for violating your due process rights. Being denied a lawyer and experiencing police brutality, especially as a special needs individual, are serious issues. Under the Sixth Amendment, you have the right to legal representation, and the Fourteenth Amendment... View More

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