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Texas Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: If I’m on felony deferred probation, and I successfully get complete it, am I immediately allowed to carry a firearm? TX

After I complete it, it goes as a dismissal, which means no final conviction. Which should mean I am clear to own and carry a firearm in Texas?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2024

Once the judge says in open court, that you have completed your probation, and says your felony is dismissed, you can then have all of your civil disabilities returned.

I would get a certified copy of the dismissal, before I would get a gun.

I would also get my criminal charge...
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1 Answer | Asked in Medical Malpractice and Health Care Law for Texas on
Q: I need to know the patent to delete medical records.

Misleading fraud accusations defamed computations.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

This does not sound like a patent question.

A "patent" is an exclusive right granted by the U.S. government to an inventor for a new and useful invention. If you are the inventor of a device that deletes medical records, you should discuss this matter with the patent attorney...
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1 Answer | Asked in Business Law and Consumer Law for Texas on
Q: Do I have to get a new loan if the finance company mistakenly closed my original loan as satisfied ?

I financed a vehicle and then received a letter from the finance company saying the loan was satisfied. The dealer has requested that I start a new loan. I’m not sure if I can negotiate a better deal since they made the mistake.

John Michael Frick
John Michael Frick
answered on Dec 27, 2024

My gut is telling me that there is more to this than meets the eye. If your loan was satisfied--meaning you repaid the loan with interest according to its terms--you do not have to get a new loan unless you need to borrow additional money to finance a vehicle.

If the letter was sent by...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How do my son start the process of getting equal visitation rights with his child's Mother

My son has left the home he shared with the child's Mother and Grandmother. He is with me, but I live in a hotel. There is two bedrooms in this one room. I have been living her for 6 months. And I am working on getting apartment. I work and my son works. I have a 16 year old and a four year.... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

If your son is not married to his child’s mother, he would file an original suit affecting the parent-child relationship to start the process.

1 Answer | Asked in Civil Rights, Civil Litigation, Health Care Law and Medical Malpractice for Texas on
Q: My primary doctor terminated me as a patient; I believe it involves retaliation, discrimination, and abandonment.

I was terminated as a patient after expressing my intent to file a complaint about how I was treated. I have a recording and a letter from the office that strongly suggest retaliation. They failed to provide the policies and procedures I requested, despite stamping, signing, and acknowledging... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

You can file a complaint online with the Texas Medical Board. Information about how to file and what to expect can be found here: https://www.tmb.state.tx.us/page/complaints

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: what happens to a state of texas district judge who gave a wrongful arrest of 5 counts capitol murder of a peace officer

and continues hearing other cases against same person

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

If you believe a Texas district judge has wrongfully arrested someone on serious charges like the murder of a peace officer, it's important to take action. You can file a complaint with the Texas State Commission on Judicial Conduct. This body reviews allegations of judicial misconduct and can... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I see when judge signed the search warrant he put 3pm instead of 3 Am. Can I do anything in Texas about this
John Michael Frick
John Michael Frick
answered on Dec 26, 2024

You could theoretically request a correction, but why would you want to?

How does the incorrect time significantly impact the search or raise concerns about the legality of its execution?

0 Answers | Asked in Family Law and Child Custody for Texas on
Q: I’m a NCP in a CB(not-related) vs BioMom who moved away &compliant w/ TO in 3 years & the judge has been bias to me.

We have had temporary orders for the last couple of years saying I was managing conservator now everything is changing because we have the district judge and not the associate judge anymore. I have maintain a lawyer the entire time &the bio mom is pro se & we have an amicus & a child... View More

0 Answers | Asked in Criminal Law, Family Law and Child Custody for Texas on
Q: If someone is charged with INJURY CHILD/ELDERLY/DISABLE W/INT BODILY INJ can they see their children?

My ex husband is being charged and our daughter was not the victim of it she only saw the things happen. I'm curious as to what happens after/if he is found guilty of it. Will he ever be allowed around our daughter? And if so will it be supervised unsupervised or.. I just want to have an idea.... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Alaw firm refuses to send me my share of a payout wonagainst a pizza franchise owner 4 unfair,low wages delivery drivers

I filled out their form and sent it back to their offices before deadline last December on the 30th of 2023

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

You can sue your lawyer for breach of contract and breach of fiduciary relationship.

Take your attorney employment agreement and the settlement agreement you signed with the franchise owner to another civil trial lawyer in or near the county where your lawsuit against the pizza franchise...
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1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: Before my arbitration was final my attorney sued me on behalf of a codefendant. Is this grounds for a mistrial?
John Michael Frick
John Michael Frick
answered on Dec 24, 2024

Generally speaking, there is not a “mistrial” in arbitration proceedings.

But arbitrators have broad discretion within the rules of the selected tribunal to reopen proceedings and to hear new evidence.

You should hire a new attorney to represent you in the arbitration to...
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2 Answers | Asked in Probate for Texas on
Q: When is probating a will complete so I can close out the checking account
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2024

When the Estate is ordered closed.

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.

James Clifton
PREMIUM
James Clifton
answered on Dec 19, 2024

The house will be split equitably. If one person made more payments than the other, that can be taken into account when splitting up the asset. If this is a partition lawsuit, it is important that you are represented to maximize the amount you receive from the property. If this is a divorce, you... View More

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2 Answers | Asked in Probate for Texas on
Q: My husband died with a will that requested all his debts to be payed on his passing. HIs dad was the executor

step mother co executor. His father passed before my husband. The step mother said she did not want anything to do with anything. The will said he was not married at the time but had a son. My husband did not know he had a son until the boy was 14years old and my husband had cone into an... View More

Isaac Shutt
Isaac Shutt
answered on Dec 18, 2024

It sounds like the "son" was born prior to the making of the will. In that case, the beneficiaries actually named in the will should inherit. You should definitely seek a probate attorney's help, ASAP. There are lots of issues here. If you're listed as the beneficiary in the... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: How long does the d.a.office have to indict a person arrested for fraud in Texas before they have to dismiss ?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2024

There are two (2) rules for the timing of an indictment in TX.

Once you are arrested for a FELONY, the DA has 90 days to Indict you. If they don't Indict you within 90 days, you can get the court to release you on an ROR bond. That means $0 bond. Released on your own Reconnaissance....
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1 Answer | Asked in Civil Litigation for Texas on
Q: I had a schedule to dismiss hearing on 10/9. When I check the case still shows pending but it not on the docket anymore.

The court has not updated since the motion date. Did it get removed from docket by mistake?

John Michael Frick
John Michael Frick
answered on Dec 23, 2024

It would help if you included in your question a summary of what happened at the dismissal hearing.

It could have been removed from the docket by mistake. If you did not attend the dismissal hearing, it is possible that the case was dismissed. It is also possible that the other side...
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0 Answers | Asked in Real Estate Law for Texas on
Q: If husband paid off his property land already and ex wife is now claiming to get $15,000. What can he do?

Husband says she left with kids about 15 years more less ago from house. Husband said she had told him she didn't want anything but the divorced. He gave her the divorce and he has been paying for the property himself. About 4 years ago He asked me to come lived with him. She found out and... View More

0 Answers | Asked in Consumer Law and Small Claims for Texas on
Q: Purchased used car June 24 now it has wiring problems estimated at 10K. Do I have cause of action ?

The car was purchased in McKinney from a Dallas company, I was looking at two cars, one being out of state. I was told this car had no issues and they were local in case I had any problems. I purchased under this assurance ! The car is a Superformance Cobra built in 2008. The car did have problems... View More

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