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Texas Libel & Slander Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Libel & Slander for Texas on
Q: Where can I get a writ of habeas corpus article 11.09 application form when charge can later be used for an enhancement?

It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...

John Cucci Jr.
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answered on Aug 26, 2022

Habeas Corpus Writ Application forms should be available at the Court of Criminal Appeals website. If not, use the 11.07 app form and review the 11.09 rules to be sure you comply.

Good Luck!

1 Answer | Asked in Criminal Law, Libel & Slander and White Collar Crime for Texas on
Q: What can you do if a prosecutor lies to a judge about you?

Prosecutor has lied several times but criminal attorney said it doesn't have anything to do with statue you were charged with. What can or should you do?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 12, 2022

"Never interrupt your enemy when he is making a mistake." - Napoleon Bonaparte

Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant.

2 Answers | Asked in Criminal Law, Internet Law and Libel & Slander for Texas on
Q: Can I be charged with defamation of character or harassment in this situation?

I got into a social media dispute with an old friends mother. We had a few pretty mild words in Facebook comments and then I blocked her. She then proceeded to text me racial slurs on Snapchat through her daughters Snapchat. I screenshot those texts and later posted them on several social media... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 5, 2022

Truth is a defense. She could hire a lawyer and sue you. You could win if you can prove everything said was true

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1 Answer | Asked in Federal Crimes, Libel & Slander and Personal Injury for Texas on
Q: WHY ARE MOST ATTORNEYS AFRAID OF 1983 FEDERAL CASES AGAINST MUNICIPALATIES IS IT THE RETRIBUTION OR DAUNTING CHALLENGE

i have had two successful cases filed pro se where they were accused of assault illegal detainment 1st and 4th amendment violations and conspiracy on one and running me off the road on the other. In both cases they settled, i know this and what im up against and if someone took the time i could... View More

Leroy Scott
Leroy Scott
answered on Apr 1, 2022

Probably neither of the above. The more likely reason is that the 1983 suit against the municipality pretty much requires that the plaintiff proves that the municipality had an actual policy to violate the constitution. E.g., if a person is beaten up by the cops, to prove a 1983 case against the... View More

2 Answers | Asked in Copyright, Criminal Law, Divorce and Libel & Slander for Texas on
Q: What repercussions could happen if I expose a cheater using her full name on a website? (I.e. shesahomewrecker.com)

My husband had an affair. He admitted it and I have photographic proof, texts, and messages. I also want to put pictures she sent to him on there. It is her face only, no nudity. (So, not revenge porn)

I have not contacted or even met her. (So, there isn’t harassment)

Since she... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 22, 2022

Meeting her is not an element of the offense of Harassment. The affair is not a matter of public concern and it is "reasonably likely to cause emotional distress, abuse, or torment to another person" which could be the homewrecker herself or members of her family. Texas Penal Code... View More

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Libel & Slander for Texas on
Q: How can I counter petition my custodial rights

The grandparents basically stole my child on hearsay.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 1, 2022

Hire a family law attorney who has an office in the county where the case was filed, if no case was filed then the county where the kids currently live.

1 Answer | Asked in Family Law, Child Custody, Child Support and Libel & Slander for Texas on
Q: My youngest daughter's paternal grandparents basically kidnapped her, bribed me into signing rule 11, nothing finalized

I have been bullied into this arrangement and I'm still actively custodial parent. They had money for an attorney and the father signed a waiver.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 16, 2022

Retain a lawyer. You may be able to revoke the Rule 11 agreement,

1 Answer | Asked in Libel & Slander, Criminal Law and Civil Rights for Texas on
Q: What if the investating officer tells the victim to do something for instance in my case my ex filed a report and put a

Criminal trespassing on me the officer told her that if she was in fear of me retaliating against her he said if she was that he could get a warrant for something she had said I did months before she made the report the officer thst issued a warrant and told her that when they come to our residence... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 16, 2022

It is likely that none of that will matter if your criminal defense attorney is basically a plea broker. Hire the best criminal defense trial attorney who is based in the same county where the case is pending. The prosecutor will probably start from a position of believing that the officer's... View More

1 Answer | Asked in Libel & Slander and Personal Injury for Texas on
Q: What does the Continuing Tort Doctrine apply to and how can it be used successfully?
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2022

A Texas attorney could advise best, but your question remains open for five weeks. As a GENERAL matter, the continuing tort doctrine arises when wrongful acts continue to inflict damages until they cease. But you must consult with a Texas attorney on this because different jurisdictions could rely... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Libel & Slander for Texas on
Q: Slander and Defamation

I'm having an issue of where a place that I used to live at, and apartment complex including the management have been spreading lies about me being bipolar, crazy and dangerous. I am bipolar and the lies have spread out the my current place that I have recently moved to and to my neighbors... View More

Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

It's unclear why you are worried about eviction, or exactly what's happening. You get evicted for not complying with the lease, not because people are spreading lies about you.

If the lies are believed and you can prove damages, you might have a case, but filing a suit is not...
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1 Answer | Asked in Libel & Slander, Criminal Law and Federal Crimes for Texas on
Q: My friends were on a motorcycle and the driver had a half oz of meth in his backpack. Passenger didn’t know about

Passenger has never had a ticket on her record and worked for the APS of Texas recently

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 10, 2021

OK, but what is the question? Reading between the lines it seems like the passenger was charged with Possession of a Controlled substance and you want to know if not knowing is a defense? It can be, but it would be unwise for your friend to talk to an investigator without an attorney and an... View More

1 Answer | Asked in Personal Injury, Civil Rights and Libel & Slander for Texas on
Q: Hello I'm in need of a lawyer to help me fight for DEFAMATION , LIBEL, SLANDER. I have 3 cases with proof , evidence,

Because of this false information I was slandered with public my health is not good. My blood pressure hit the roof. My depression isolates me. I have a eating disorder (obesity) My reputation is ruined and my kids are getting questioned in public. My stress is making my hair fall out. My nerves... View More

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2021

A Texas attorney could advise best, but your post remains open for a week. I'm sorry for your difficult and painful situation. You could consult with defamation attorneys to discuss whether you have any recourse. Keep in mind that these types of cases are not usually handled like car... View More

1 Answer | Asked in Libel & Slander for Texas on
Q: Is the electrician doing the electrical work or contractor/employer the responsible party if it causes injury or damage?

Ex. improperly protected wire causing injury to homeowner. State of Texas. Was told by journeyman that I should refuse to do anything I knew was potentially dangerous or blatantly against code because it was electrician not employer that would be held liable. Thanks

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2021

Both the person doing the improper work and the person with the right to control their work may be liable.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Texas on
Q: What is the best way for a layman to find the right attorney for his or her individual objectives and needs
Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 14, 2021

One way is to ask the attorney you know for a referral... even if the person you know is the "wrong" type of attorney. For example, if you know an attorney that handles issues in Family Law, that person might be able to give you a referral to a good attorney who practices in an area like... View More

1 Answer | Asked in Libel & Slander and Criminal Law for Texas on
Q: my deceased husband and my log splitter was removed 2 days folowing his death by an ex wifes son and he damaged property

log splitter was our livlihood and he had no right to take it. he smashed the gate with our box van and ruined a $1000 hydrolic lift, messed the gate to where i could not secure the property, and left me in a financial mess and an emotional wreck. Ive lost alot of income without the wood wee sell... View More

Teri A. Walter
Teri A. Walter
answered on Jan 13, 2021

It sounds like you may have a claim for property taken and damaged. Whether that claim makes sense to pursue depends on how much was lost, and the likelihood of collecting a judgment from the person who caused the damage. I suggest you gather your documentation and consult with a lawyer in your... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Libel & Slander for Texas on
Q: I have been brought up on judicial charges & removed from my executive position in my sorority at UTSA because of a

social media post supporting “all lives matter” & would like to discuss this to find if I have any options to fight this. I have been called a racist, bullied & harassed by members of the sorority. Thank you in advance.

Roy Lee Warren
Roy Lee Warren
answered on Oct 20, 2020

Thanks for your question and I am sorry for the way you have been treated. You will need to find a lawyer that can help you with a civil rights claim as well as for a violation of your First Amendment rights (freedom of speech).

If your rights were violated by law enforcement it could be a...
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1 Answer | Asked in Consumer Law, Divorce, Libel & Slander and Small Claims for Texas on
Q: If a married couple are both on a car title is it legal for one of them to use that title for another loan without

Approval or without telling the other person

Kelly Case
Kelly Case
answered on Jun 25, 2020

While it is not the best practice for a loan company to grant a loan with only one of the married couple's signature on the documents, there is nothing illegal about it. Unless a divorce was currently pending and the County in which it was filed had instituted Standing Orders preventing the... View More

1 Answer | Asked in Internet Law, Libel & Slander, Criminal Law and Civil Rights for Texas on
Q: Is it legal to post on social media for someone to cause bodily harm to another person?

" Do the world a favor and die already..." Your mother is a drunk whore"..... " Pull their nails out, I'll pay good money...." Use for shark bait, then post a casket with the caption- "Coming Soon" constant degradation, and then I'm just going to say... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 23, 2020

You should probably block and "unfriend" any person who posts that type of garbage. Depending on the exact details, it could be nothing or It could be the misdemeanor crime of Harassment if it happens once or it could be the felony crime of Stalking if it happens on multiple occasions.... View More

1 Answer | Asked in Libel & Slander for Texas on
Q: Can a secretary of a H.O. A record a meeting for record keeping .
Tammy L. Wincott
Tammy L. Wincott
answered on Jan 17, 2020

Secretary are supposed to keep records of HOA meetings. In today's world those records are kept in different formats. Each subsequent meeting the former "minutes" most be approved by the Board of Directors.

1 Answer | Asked in Libel & Slander, Elder Law and Health Care Law for Texas on
Q: What type of attorney do we need and do we have a case for defamation of character? Are they obligated to train us?

My dad is in the hospital and has a tentative discharge date for next week where he will he is supposed to be sent home and we will take care of him. The hospital told us they will give us adequate time to train us to take care of him at home, but when I ask them if they will train us they tell me... View More

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2019

A Texas attorney could advise you best, but your question remains open for two weeks. It sounds like the type of attorney you need is a health care attorney. If you want to pursue the false statement, that would be a defamation attorney. Before bringing attorneys into the mix, why don't you... View More

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