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Texas Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: My son was arrested for something that wasn't his they did an illegal search and after 2 weeks are enhanced charges...

Don't trust the county laws here. Need help

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 26, 2020

Your son needs a criminal defense attorney, and his best bet is probably one with an office in the same county where the charges were filed. It is common for parents to help pay the attorney's fee.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Texas on
Q: Placed in cuffs for long period of time and did not have mask when moved and no toilet paper and no sleep mat or blanket
Grant St Julian III
Grant St Julian III answered on Oct 21, 2020

I am not sure of your question. If you were charged with a criminal offense, call an attorney in your area. Good luck.

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 Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do we fix this, isn’t it double jeopardy or something? My boyfriend had 3 traffic violations and a fta from 2013.

He had 3 traffic violations and a failure to appear from 2013. In 2017 he got arrested and spent 3 weeks in jail. The magistrate at that time gave him time served for the 4 warrants out of Daisetta, Texas. He has recently went to jail, got his truck and a borrowed trailer impounded over 1 of the 4... Read more »

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

I am sorry for your troubles but I thank you for your question.

I'm not sure about the claim the magistrate did not have jurisdiction to give him "time served", or why you would be told that AFTER he already served the time. It is my opinion this is a claim that should be...
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1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Texas on
Q: How do I protect myself from employee retaliation after reporting my boss for racial discrimination?

I work for a technology recruiting company in Texas. One of the Managing Partners discriminates against potential candidates based on national origin (Indian nationals, specifically, but I have also witnessed discrimination against African-Americans and people of Asian decent). I feel he is a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 23, 2020

You should report the discriminatory actions of your boss to the Human Resources Department in writing. The HR department should then do an investigation into your complaints. The company, including the Managing Partner, is prohibited from retaliating against you for complaining about and... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Is it a crime for a person I'm on a phone conversation with, to record the conversation without my consent & knowledge?
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 14, 2020

No. Texas only requires recording consent from one party to the conversation.

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: When is the best time to voice your rights if being arrested? Do you have the right to an immediate arraignment & when?

No knock warrant took 4 people to jail cps took child for a year. They confiscated .1g yes 1/10 of a gram in an old baggie behind the shelf under a lamp. Poss of controlled sub <1g X4 15months ago

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 12, 2020

It is usually best to exercise your right to remain silent until you have a lawyer.

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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Texas on
Q: My husband is on parole he ended up getting a misdemeanor charge in July it was no trespassing hab/shltr/suprfund/Infstr

He has motion to revoke parole & misdemeanor its non violent crime. Is there any motion or legal document I can help my husband with? What can I do to get the parole hold off him?? During this covid virus could that help him in his case 8th amendment??

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 11, 2020

Hire an attorney who focuses on parole work AND a criminal defense attorney for the trespassing case. Parole work is very different because it follows different rules so having one attorney who does both is not ideal. As they say, the jack of all trades is the master of none.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What are the extradition laws on arrests?

If a person is arrested in one county for a warrant in a different county, is law enforcement required to take them to the county jail of their jurisdiction? For instance, if a person has a warrant in Liberty County but is arrested in Montgomery County by an officer who works in Montgomery County,... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 2, 2020

Extradition is about out-of-state warrants and is covered by chapter 51 of the Texas Code of Criminal Procedure.

This question is about out-of-county warrants and that is covered in chapter 15 of the same code. When a person is arrested on a warrant they must be taken to a magistrate with...
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1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Texas on
Q: Is it illegal to photoshop a KKK hood onto someone?
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 21, 2020

If you mean "illegal" as in a criminal offense then no, it isn't a crime unless the photo was already illegal for some other reason like child pornography.

My firm focuses on Criminal Law where the government prosecutes crimes. There is an entirely separate part of the legal...
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2 Answers | Asked in Civil Rights, Criminal Law and Federal Crimes for Texas on
Q: Is it legal for a drug dog to do a free range sniff search when the police extentionally left the car door cracked open
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 16, 2020

You really haven't given me enough info to answer the question. What drug did the dog smell? If it was marihuana (that's the way we spell it in Texas Penal Code), believe me, the dog didn't need the door to be cracked to smell it. I can smell it with the doors closed, as strong as... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer I have used in the past be hired by the other side
Tim Akpinar
Tim Akpinar answered on Jul 25, 2020

A Texas attorney could advise best, but your question remains open for a week. As a GENERAL matter, it could be conflict, maybe not be the readily apparent type where an attorney could not simultaneously represent two parties of opposed interests in the same transaction (such as both sides in a... Read more »

1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: We live in Texas and I have a minor daughter we are making plans s to go to north Dakota so that she can get married.

Will it be recognized by Texas as legal and will she be considered an adult??

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 21, 2020

You have not said how young your daughter is. However, it is likely that Texas will recognize another State's recognition of a marriage under the Full Faith and Credit Clause under Article IV, Section 1 of the United States Constitution.

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Texas on
Q: How to get hotel in trouble

Against racist

Grant St Julian III
Grant St Julian III answered on Jun 29, 2020

Your question is very broad. More facts are needed

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Can I file a discrimination lawsuit against a store for saying I can't come in unless I have a mask?

I went into the convenient store and they said I needed a mask. I pulled my shirt up over my face and they said no, it had to be a mask. Then he said I'll sell you a mask while I'm not wearing a mask, but that he wouldn't sell me cigarettes unless I had a mask

Tim Akpinar
Tim Akpinar answered on Jun 24, 2020

A Texas attorney could advise best, as state law issues could apply. But your post remains open for three weeks. It seems like it would be difficult to successfully bring such a case because of the compelling need to protect public health. But you could check with another attorney for their opinion... Read more »

1 Answer | Asked in Civil Rights and Health Care Law for Texas on
Q: My imaging center is asking people to wait in their car. Do they have a right to ask me to wait in my car?

I have to have a mammogram and the imaging center is asking people to wait in their car to be called to come inside. I feel that is ridiculous and Texas Health has that policy. If I can't get them to stop that practice I will have to change my whole health care provider. Can I sue them over... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 23, 2020

A Texas attorney could advise best, but your post remains open for two weeks. Many facilities are taking similar measures in these difficult times. They may not be explicitly telling people to wait in their cars, but they take in only limited numbers of the public into doctor waiting rooms, post... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Hi my name is Dillon. Back in 2028 I was arrested for a felony possession of controlled substance. But under Texas code

12.44 (b) it was reduced to a class A misdemeanor. But when I look at my records and charges it shows felony disposed instead of misdemeanor. Is this right? Should it really say felony disposed or misdemeanor? Please help.

Grant St Julian III
Grant St Julian III answered on Jun 4, 2020

The record is correct. When a prosecutor decides to reduce a felony charge to a misdemeanor under Artie 12.44 (b) of the Code of Criminal Procedure, the record will reflect the original felony charge but the final disposition will show the case was reduced to a misdemeanor. Talk with an attorney... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: when do police need a warrant to search a car
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 4, 2020

They need a warrant if they do not have probable cause to search. The police can search a car without a warrant if they develop probable cause to believe that a search will yield illegal contraband. For example, if police smell marijuana in a car, they have probable cause to search it and can do... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: My neighbor kick our cat while I was there when it happened? I called police nothing was done about it.

Rights do I have for my cat ? Laws about animal cruelty?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 28, 2020

Was the animal injured? The animal cruelty law is in chapter 42 of the Texas Penal Code and you can read it here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm#42.092

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Is a private home a "building" and video conference, etc. with teacher a "school sponsored activity"? TexasPC 46.03

In reference to Texas Penal Code 46.03(a)(1). With pubic schools utilizing "homeschooling" due to COVID-19, would your home be considered a "building" and are there any activities (e.g. video conference with teachers and fellow students, daily instruction for a 1st grader,... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 19, 2020

Ha ha, NO! What about homework? I don't mean to imply that an aggressive cop won't make an arrest. Cops do stupid things all the time. But any decent prosecutor should refuse that sort of case and, if they didn't, any decent criminal defense attorney would probably destroy it.... Read more »

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