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Texas Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: one party consent I recorded a conversation while waiting for someone to reply is this illegal?

The manger picked the phone up and put it down so I would stop calling i did call a lot I couldn’t leave a voicemail it was full I had a medical referral question she than processed to have a full conversation with a coworker while I was left on the line in my irrational I recorded the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2021

Yes, or it is close enough for "probable cause" to justify criminal charges. That said, your intent is an element of the offense AND you can also raise an affirmative defense based on the fact that a party to the communication consented to the recording by intentionally leaving the line... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Can I file a lawsuit against the police department for a false arrest?

Was exercising my freedom of speech on a public sidewalk. Someone called the cops said I trespassed which I didn't. I had everything filmed on a body cam. Officer shows up and arrests me for a noise ordinance violation. We then get to the jail and he changes the charges to criminal trespass.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 19, 2021

Talk to an attorney who focuses on federal civil rights lawsuits under Section 1983.

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1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Texas on
Q: Am I doing something illegal?

i just want to see if this something illegal I’m getting roped into? I have received check via email from a woman I was talking to online. On the checks, they have a Life Insurance company at the top of the checks. they are asking that I deposit them into my bank via mobile deposit, keep partial... Read more »

Leroy Scott
Leroy Scott answered on Oct 13, 2021

This is almost certainly a scam and very likely a crime. Life insurance companies don't send checks and ask you to return some of the funds.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Texas on
Q: Can I be trespassing

I live in Texas and me and my wife are separated but not divorced she still had all my property at her house I had a detective called me and told me that if I show up there I will be arrested for criminal trespassing can I legally do this even though she’s in possession of all my clothes and... Read more »

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

You can be arrested and charged with any offense that the detective believes you committed. If that happens, a proper defense will be stressful and expensive. You would be wise to spend your time and money on a divorce attorney to get access to your stuff in a manner approved by the court rather... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I BELIEVE MY 4TH AMENDMENT CIVIL RIGHGS WERE VIOLATED I HAVE A FELONY CHARGE AS A RESULT

he was my x brother in law he told me to step out of the vehicle patted me down then stuck his hands in my pockets then searched my vehicle i had a cigarette pack and he snatched it from me and found drugs inside the pack he had no reason to do any of this other than to harass me because we never... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 6, 2021

Well, if your ex-brother-in-law didn't have a legal reason to pull you over, then your rights may well have been violated. Even if he had reason for the stop, if you didn't consent to the search of your vehicle and he had no probable cause independent of consent, again, you may have a... Read more »

1 Answer | Asked in Health Care Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can you sue for denying access to health care if laws enable unvaccinated people to overwhelm hospitals?

Just a thought experiment, but needed to be asked. Understandably, it would be difficult for a private citizen to file suit against the hordes of unvaxed choking the health care system, much like the novel SB8's workaround. While I understand the concept of sovereign immunity, I still... Read more »

Leroy Scott
Leroy Scott answered on Oct 2, 2021

It’s all a big giant scary mess. I cringe every time I see political leaders on TV saying parents, the vast majority of which are not virologists and probably do not even own microscopes, should decide whether vaccines are in the best interest of their children. What if parents decide they should... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Sexual Harassment for Texas on
Q: Can s1 like code compliance just go into yr property with only a search warrant and remove yr personal property ???
Peter N. Munsing
Peter N. Munsing answered on Sep 29, 2021

Personal property may not be removed without a search warrant. Personal property such as cars that have not been moved may violate local ordinances. They can be removed once the owner has received notice to remove, and there has either been a hearing or the person has not responded. If it was... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Civil Rights for Texas on
Q: Can I do anything about DA submitting a court doc with my personal info that is public if I am under witness protection?

I am under witness protection due to being victim of aggravated assault with a deadly weapon but DA has shared the witness list which is now public information online. This is also shared with the defendants lawyer. The list shows my name & address. Is there anything I can do? I've tried... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

Your situation seems terrible.

Witness protection can have different meanings and different levels of protection. The DA's office should have a "victim's advocate" or something similar. It is usually the task of that unit or person to handle your concerns. If that is not...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I am on parole in a halfway house. They are locking us in our dorms. Is this legal? I am in Texas.

This halfway house is operated by core civic but over seen by the Texas Department of Criminal Justice and they try to run this place like we are still incarcerated.

Stephen A. Nicholas
Stephen A. Nicholas answered on Aug 29, 2021

If its oversight is by TDCJ-ID, the halfway house operator, more likely than not, has to follow guidelines that TDCJ-ID issues. Are you in the process of being released on Parole from TDCJ-ID? It sounds like you have been released to a transitional type facility. If so, you have to follow their... Read 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... Read 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...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Texas on
Q: How do I get a case dismissed that I was indicted for in 1998 after finding out the indictment was wrong?

In 1998 I was sentenced to 5yrs probation for failure to register, after pulling the record and the true bill of indictment

I realized that the reportable conviction they used to get the indictment I was never convicted of nor was I ever charged with this crime. After all the years that... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 14, 2021

If anyone can fix the conviction, it will be an expert in criminal appeals, and that will be expensive. However, if you were granted a pardon by the Governor of Texas, then you could file for an expunction of the records. That might be just as good of a result, depending on your goals.... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can an Officer make you get out of your car, search, and question u when your windows are covered and you're asleep
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

An officer can investigate a person sleeping in their car to make sure they are safe and not in medical distress but they shouldn't be searching without consent unless they saw or smelled something during the initial investigation that indicated a crime.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Midland county. Arrest 06-19. Misdmeanor. Dismissed and Bond returned 09-20. ARRESTED on same case 08-21. false arrest?

Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Was pulled over for a traffic violation, asked to step out of the car, asked if he could search the vehicle

the answer was NO He did anyways was arrested unlawfully and was illegally in jail for over a month till someone advocated for me and had all the charges lifted. A very painful agonizing ordeal for many, what do I do now? Can I file a civil suit against the department against the county against the... Read more »

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

You should consult an attorney who takes FEDERAL civil rights cases under Section 1983.

From a criminal law perspective, the severity of policy mistakes that could result in a prosecutor dismissing a case is lower than the severity of police mistakes necessary to justify a ruling against...
Read more »

1 Answer | Asked in Civil Rights for Texas on
Q: Misconduct by trial judge in houston Civil law suit
Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

Sorry, without some facts, it's impossible to provide a helpful comment.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: I NEED HELP ON PROVIDING IMPORTANT INFO ON AN INMATE CURRENTLY IN JAIL, ARE THERE ANY SOURCES OR RECOMMENDATIONS
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 29, 2021

What kind of information are you trying to provide? The answer to that question will lead you to the people you should speak with. For example:

If you have information that might help the person with their court case, then you should try to contact their lawyer. When you look up jail...
Read more »

1 Answer | Asked in Federal Crimes, Family Law, Civil Rights and Juvenile Law for Texas on
Q: cps lied in affidavit, lied on the notice of removal, attorney isnt responding to my calls, false drug test ? what to do

allegation were physical abuse, in which in the affidavit my child stated to not be true, presumptive marijuana test when i delivered my child but my baby passed all testing for drugs and mental issues but i was reported by a mental dr that i didnt qualify for mental services. the judge who signed... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 24, 2021

We hear these kinds of pleas for help far too often in Texas due to the nature of our system. I won't go into all the systemic problems which contribute to the CPS nightmare which you find yourself in. The good news is this: there is help out there. The bad news is this: the help you need is... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Can police take cell phones?..& is 18 months before even being offered a plea a violation of a right to a speedy trial?

Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.

Defendant believes counsel was overwhelmed &... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 10, 2021

First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »

1 Answer | Asked in Consumer Law and Civil Rights for Texas on
Q: Can my daughter be excluded from an ALL WELCOME soccer camp?

Mid year, I withdrew my daughter from a private catholic school in Texas. I did so for personal reasons that didn’t involve her behavior or conduct. I enrolled her in public school and she finished the year with straight A’s. Early June I received an email from the schools soccer coach inviting... Read more »

Teri A. Walter
Teri A. Walter answered on Jul 6, 2021

Private entities, like the school, can invite or disinvite whoever they want, for good reasons or bad.

1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Texas Dps has not fully opened since Texas ended covid restrictions. Need drivers permit before app date can't get it

Was given an appointment for sept 23 and I'm trying to teach my son to drive before he leaves for school in August. I'm unable to sit and wait hours because of my job How is everything else open but public service

Teri A. Walter
Teri A. Walter answered on Jul 6, 2021

Everything is open except "public service" (aka government jobs) because they make the rules. Welcome to government. You can teach your son to drive without them, but you'll need to deal with DPS to get him a license. The good news is that if he's old enough to drive,... Read more »

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