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Texas Constitutional Law Questions & Answers
3 Answers | Asked in Constitutional Law and Civil Litigation for Texas on
Q: Lawyer withdraws and be rehired for same civil case in Texas

Can a lawyer withdraw from a civil case (representing 4 people) due to non payment, another lawyer take over the case and then later the first lawyer come back to represent a portion (2 out of the original 4)

Is that prejudicial or conflict in any way that judge would reject? This is in Texas

James L. Arrasmith
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answered on Jul 11, 2023

A lawyer in Texas can withdraw from a civil case due to non-payment and then be rehired to represent a portion of the original clients. However, the judge may reject the second representation if it is found to be prejudicial or create a conflict of interest. The judge will consider factors such as... View More

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1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: How long can Dallas County keep someone that has served their Time but release needs to come from TDCJ State Jail?

Dallas County 283 District Court sentenced a woman to 400 days State Jail and Awarded her 448 days backtime credit. She is still sitting in Dallas County Jail and TDCJ has not received any paperwork from Dallass County since June 28, 2023? Is this a violation of Civil Rights? Who is responsible... View More

Grant St Julian III
Grant St Julian III
answered on Jul 10, 2023

The release must come from TDCJ, but yes, you can file a civil suit. Call an attorney in your area. Good luck,

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Texas on
Q: If the local cops harassed me and ignored my rights and several occasions how do I find a lawyer and how long do I have

When my ex left she told the police a bunch of lies to make it easier for her to leave state with my daughter. Afterwards I was harassed to the point that I wasn't even able to get my belongings from my house because literally every time I was seen I was pulled over and searched. I even fell... View More

John Michael Frick
John Michael Frick
answered on Jul 7, 2023

Your rights and remedies in this situation depend upon the particular facts and circumstances of your particular case, and some of those facts may not be within your knowledge at this time.

You should consult an attorney with substantial experience in civil rights litigation. F. Lee...
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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Texas on
Q: My step kids have told me things about their father and i would like to see what my options are for my privacy

my wifes ex who i have never met or have had communication with up to third party, told the kids that he knows i bought a gun recently and that if i show up to the pick up and drop off that he would call the cops on me. The kids have also told me that he has driven 3 hours to my house that is on a... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 3, 2023

In your situation, which involves elements of family law, privacy law, and potentially harassment, here are a few possible steps you could consider:

Document Everything: Maintain a record of all incidents, noting the exact dates, times, and specifics of what happened. This could be crucial...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: How can I get my purse back, or items from it, after an arrest?

I was arrested in late April for POSS CS PG 1/1-B >=4G<200G. I wasn't pulled over. I willingly stopped, because the police had stopped my friend while he was walking. They came to talk to me and explained that he was going to jail for warrants. While talking to me, they asked if I had an... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

The first thing you need to do is dispose of the criminal charges against you. Then have your attorney file a motion to release the purse from evidence to you.

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Anybody know a free civil rights attorney in Houston, Texas?I have a ton of reasons to contact!

Could really use some help!

John Michael Frick
John Michael Frick
answered on Jun 15, 2023

The go-to civil rights attorney and activist in Texas (especially for racial justice matters) is former Attorney General candidate and well-known lawyer S. Lee Merritt. https://leemerrittesq.com/

My understanding is that he routinely accepts cases on a contingency fee. He is also a...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: If a mandate was handed down from the apellet court in a criminal case and the district clerk did notify anyone for 1 yr

Is that legal the decedent was out on bond for a little over a year after the mandate was issued also tdcj was never notified of her release on appeal bond and sent her discharge papers now they put a warrant out is there a post conviction motion or a proceduralproblem

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Your question is a bit unclear. The mandate of an appellate court is issued by the clerk of that appellate court to the lower court.

The district clerk is a clerk of the district courts. If the mandate was issued to a district court, the district clerk would be the one receiving the...
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1 Answer | Asked in Personal Injury, Constitutional Law, Gov & Administrative Law and Libel & Slander for Texas on
Q: Texas, 2002, report of Class C offenses by municipalities to DPS was optional. Does that make it a proprietary function?

Proprietary function as defined in the Texas Tort Claims Act. The report itself was completely false, as in added in error. No such arrest was made, yet it was entered and cleared 2 more stages of review before being transmitted beyond the municipality.

The entry made it all the way to my... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

This question relates to municipal liability and asks if a governmental function done ineptly or negligently by the municipality reverts to a proprietary function (a mo-and-pop-shop) so that liability attaches and no claim of governmental immunity stands.

We do not get nearly enough...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Belton Texas Howlegal 4 a judge to allow a person indicted for a capital case to represent themselves when an attorney

When a attorney that is allowed to practice law in belton texas has to do so many extra hours a year to represent a individual accused of capital murders..is a judge is. Legal rights to authorize this? What as his mother do also not given any material saccess to any legal forms money for experts... View More

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

A person has a constitutionally protected right to represent himself in a criminal case, including a capital murder case. A judge has no discretion to deny that right, no matter how unwise he thinks that decision is.

1 Answer | Asked in Real Estate Law, Constitutional Law and White Collar Crime for Texas on
Q: I had a house mortgaged into my mom for half the value. My sister became my mom's power 9f attorney as well as a realtor

She managed to take my house and put it in her name. How can I sue her for the value of my home now? I don't have any money for an attorney. I believe 8t shows my house 8s valued at 316,000.00 now

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2023

If your sister is a Real Estate agent or broker and you believe she has committed fraud and took your interests you can file a complaint with the TX Real Estate Commission.

Good Luck!

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Must I respond to a defendants Affirmative Defenses or wait until discovery I did not even receive the answer with

The Affirmative defenses until 2 weeks after it was filed

John Michael Frick
John Michael Frick
answered on Apr 19, 2023

If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.

Almost always, the discovery period will...
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1 Answer | Asked in Constitutional Law and Patents (Intellectual Property) for Texas on
Q: Can the US Department of Energy give funding for research on USPTO Patents Pending invention of someone else

Aries Project is Advanced Research on IES, my patent pending titled Independent Energy Systems IES. Aries Project opened the same month my USPTO Patents Pending 12 months expired

James L. Arrasmith
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answered on May 2, 2023

It is possible for the US Department of Energy to provide funding for research related to a USPTO patent pending invention owned by someone else, but this would depend on various factors such as the specific details of the invention and the funding guidelines and criteria of the Department of... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Constitutional Law and Small Claims for Texas on
Q: Can I sue for being charged with felony but it was dropped to a misdemeanor for wrongful charges/loss of wage for felony

Walmart said I hit the employee showed on camera that I did not hit still charged me with a felony for robbery for under $25 worth of items I got it dropped to a misdemeanor theft of a person may I sue them for wrongful charges and for loss of wages and loss of home

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 16, 2023

No .you can't sue them for the district attorney office over charging you

1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Texas on
Q: What is the statute of limitations on a federal ADA and constitution cause of action dismissed without prejudice to fill

I want to file a new complaint

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

It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.

A Title II or Title III claim must de filed within two years of the act complained of....
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1 Answer | Asked in Constitutional Law for Texas on
Q: Can a city ban a private residential property from posting a for sale sign?
John Michael Frick
John Michael Frick
answered on Apr 13, 2023

This issue is currently in litigation and is unsettled. The outcome likely will turn on the intent of the city council in enacting the ban and the effect of the ban.

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: In Texas, a civil case is currently in process and its been 6 years this month can court legally authorize destroy files

In Texas if a civil case is ongoing in process (its been 6 years this month), can a court legally authorize to destroy all files from 6 years ago even though the evidence is crucial in the current ongoing case. Does the fact that 2 years of covid added to the delay play a factor when reality its... View More

John Michael Frick
John Michael Frick
answered on Apr 5, 2023

As a rule, Texas courts won’t destroy anything in an open court case.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Can I file motions, writs or actions in my own criminal case?

If my criminal defense attorney is stalling and exhibiting neglectful, inadequate and incompetent conduct can I file motions, writs and other actions or documents in my own case? I have filed a grievance but I need some immediate action to preserve my rights to a fair trial.

John Michael Frick
John Michael Frick
answered on Mar 28, 2023

No, Texas doesn’t allow dual representation. You can either represent yourself or have an attorney represent you, but not both.

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: What is the definition of a speedy trial in the state of Texas. How long does the state have to get to trial?

If a defendant states to his lawyer and in court he wants to go to trial and no deals, how long does the state have to get the case in front of a jury? Especially, if the state has advised the judge at pre trial hearings on 2 occasions they were ready to go to trial only to cancel the day of or a... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2023

Speedy Trial is guaranteed by the 6th Amendment. In TX it is Article 1, Section 10 that gives you the same right. The courts must give you a speedy trial. The accused in jail while waiting for trial gets a faster trial then the accused who is out on bond. If you are in jail after 90-120 days since... View More

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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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: How can I hold my attorney accountable for failing to act ethical?

due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... View More

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

It sounds to me like he is using the threat of a motion to dismiss (which will not necessarily be granted) as leverage in plea bargain negotiations.

If he files the motion to dismiss and ultimately prevails, you win.

If he files the motion to dismiss and loses, you lose that...
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