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Texas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Texas on
Q: Can I get a list of debts that the bill of rights section 18 covers please
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There is no such "list." Section 18 does not list or describe what constitutes a "debt" for purposes of this state constitutional provision, so the question is addressed on a case-by-case basis depending upon the particular facts and circumstances.

For example. the...
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1 Answer | Asked in Family Law, Domestic Violence, Civil Litigation and Civil Rights for Texas on
Q: What can I do to protect myself, my pets and my belongings from an angry vindictive boyfriend that I live with?

I've lived with my bf for over a year. Whenever we argue he kicks me out..sometimes for days. I have to sleep in my car with my two dogs. I dont work so I have no money. Sometimes I'm stuck for days without food or anyway to communicate with anyone (he takes my phone) . He also throws... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

While you can get a protective order from physical violence and the destruction of your property, that will require you and your boyfriend to live apart.

Legally, it sounds like the best thing for you to do is to secure a job, find another place to live, get your license reinstated, and...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: If someone is under investigation how long can they be held in jail?

My brother is in jail on a drug charge the DA isn't accepting any pleas due to him being part of an ongoing investigation, how long can they prevent him from finishing up the charges he is being held in jail for? They keep resetting him rather than offering him anything and letting him sign... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

At any time, even without a plea bargain in place, your brother can enter a plea of guilty and ask to be sentenced by the court. This is called an "open plea." The judge will then determine his punishment within the range of punishment for the offense and he will receive credit for the... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for Texas on
Q: Can DCHHS EHAP (Emergency Housing Assistance Program) be sued? I was denied recertification of my previous rental assist

My caseworker denied the recertification case AFTER SHE advised me to file. I have documentation of fraud, lies and misconduct by EHAP caseworkers so I contacted EHAP director, who agreed with caseworker’s denial until I showed documentation of grave misconduct on the part of several... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some key points to consider:

1. Legal action: Generally, government agencies can be sued, but there are often specific procedures and limitations for doing so. The ability to sue DCHHS EHAP would depend on various factors, including the...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: How can I request a motion to amend Community Supervision for ADA accommodations requests if I can't afford a lawyer?

I have been placed on community supervision, but am having issues with meeting conditions due to mental and physical disabilities. My community supervision officer hasn't she taken into account my disabilities, amongst other barriers I am struggling with. No accommodations nor a plan to make... View More

James L. Arrasmith
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answered on Jun 21, 2024

To request accommodations for your disabilities while on community supervision in Texas without a lawyer, you can take the following steps:

1. Document your disabilities:

- Gather medical records and documentation of your mental and physical disabilities.

- If possible, get...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Received non compete letter but it was blank. Only signed by owner and not me. Dated 2018 but I was hired in 2017
James L. Arrasmith
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answered on Jun 21, 2024

This is an interesting situation involving a non-compete agreement. Let's break down the key issues:

1. Blank non-compete letter: The fact that the letter was blank is highly unusual. A non-compete agreement typically contains specific terms and conditions.

2. Only signed by...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Q: Hello, I live in Texas and also have a disability and was fired after my employer yelled at me and told me to “do my job

I then responded accordingly as to defend myself from the disrespect. That is what led into me being fired a few weeks later. Basically because of my response instead of the employer yelling at me and telling me to do my job. I have reached out to HR several times but I have not gotten a response.... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. Given that you live in Texas and have a disability, you might have legal recourse if you believe your termination was unjust or related to your disability. It's important to document all interactions with your employer and HR, including the incident... View More

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have a friend who did not show up to court and now the Sheriff's Department is looking for him.

They came to my hotel and started asking questions about me (license plate number, room number, etc.) and suggested the hotel evict me...which they did. I am not under investigation by this department and they came here solely looking for my friend and, for some reason, thought he was with me. I am... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

When a deputy sheriff is looking for a fugitive, he/she absolutely can talk to people who may know the fugitive and ask questions. You have no obligation to answer them. Your recourse is to decline to answer the questions.

While they can suggest to a hotel that it evict you, they cannot...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have a friend who did not show up to court and now the Sheriff's Department is looking for him.

They came to my hotel and started asking questions about me (license plate number, room number, etc.) and suggested the hotel evict me...which they did. I am not under investigation by this department and they came here solely looking for my friend and, for some reason, thought he was with me. I am... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, this situation raises several legal concerns regarding privacy, police conduct, and tenant rights. Here's an analysis of the key issues:

1. Police questioning:

Law enforcement generally has the right to ask questions as part of an...
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2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: I am looking for an attorney willing to sue local police department for malfeasance

in 2019 I was assaulted at my home by a felon. I displayed a firearm and was arrested for ag assault with a deadly weapon. Charges rejected by prosecutor without pre trial diversion. After waiting 3 years, my attorney filed for expungement which was granted and final June 19, 2023. Now one year... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about the difficulties you're facing. You may have grounds to sue the city police department for damages to your reputation, false arrest, and failing to comply with the expungement order. These types of cases typically involve claims of malfeasance and the violation of... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

John Cucci Jr.
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answered on Jun 8, 2024

Sounds terrible.

All of the issues are part of Administrative process. The inmate has the right to have all of the paperwork and Notice of all the alleged violations by the inmate. You need to get all of those documents and comb through them to see if there really are violations, and...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

James L. Arrasmith
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answered on Jun 8, 2024

This situation potentially involves several legal issues related to inmates' rights and prison conditions. Here are some key points to consider:

1. Eighth Amendment: The Eighth Amendment prohibits cruel and unusual punishment. Poor living conditions, such as the presence of fire ants,...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Can apartment complexes with gate access only have one way to open gates?

I live in a gated apartment complex in Austin, TX. When I moved in access to the gate was controlled by NFC cards given to each resident. Since then they have 'upgraded' all resident front door locks to smart locks, and has switched to using Chirp app for gate access. I have asked and... View More

James L. Arrasmith
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answered on Jun 3, 2024

Apartment complexes can implement specific methods for gate access, but they must ensure that all residents have reasonable means to enter the property. If the app-based system is unreliable and causing issues for multiple residents, the management should address these concerns and provide an... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Went to jail on GJI that was dismissed. still in jail, bondsman went off bond before charge dismissed judge raise bond

Amount, can I get bonds reduced back down

James L. Arrasmith
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answered on Jun 3, 2024

If the grand jury indictment was dismissed but you are still in jail, you may have grounds to request a bond reduction. Since the bondsman withdrew before the charge was dismissed and the judge raised your bond, you should discuss your situation with your attorney. They can file a motion to have... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Education Law for Texas on
Q: Can you sue a charter school for discrimination of a child entering into the district Already with learning disabilities

The district has performed false Ard Committee meetings and had my children under regular general Ed program when they have more learning disabilities and one of my children has autism diagnosis

James L. Arrasmith
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answered on May 24, 2024

Yes, you can sue a charter school for discrimination if your child with learning disabilities, including autism, has not received appropriate accommodations. The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act protect students with disabilities, ensuring... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Can i actually or have any decent chance of getting my gun rights back for 2 state jail felonies in Texas?

Non-Violent, Non-Drug related, Was 17 years old. Charge 1. Burglary of a building with intent to commit criminal mischief Charge 2. False Alarm or Report.

James L. Arrasmith
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answered on May 24, 2024

In Texas, regaining gun rights after being convicted of state jail felonies can be challenging, but it is possible under certain conditions. Since your felonies were non-violent and non-drug related, and you were 17 years old at the time, you may have a chance to restore your rights. Generally,... View More

1 Answer | Asked in Sexual Harassment and Civil Rights for Texas on
Q: (Texas) Recently I saw a man take a picture of a woman's covered buttocks in a public grocery store Is this a crime?

I live in Texas this happened in a grocery store self checkout line with cameras everywhere. what would he be charged with?

John Michael Frick
John Michael Frick
answered on May 20, 2024

He would probably not be charged with anything unless he took the picture inside a restroom or other private place. Generally speaking, anyone can take a photograph or video of anyone else in a public place where there is no expectation of privacy, like a grocery store aisle.

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Texas on
Q: I need help filing a lawsuit against Texas border town sheriffs department, prison system, Del Rio police department

I’m being charged with smuggling of people when I drove a friend to eagle pass to pick up what I thought was his nephew. There was never talk of money to be exchanged or anything . A sheriff in a truck out of the blue and tail my car with his bright lights on never the police lights. My gps... View More

James L. Arrasmith
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answered on May 19, 2024

It sounds like you’ve experienced a troubling and complex situation with multiple law enforcement agencies. To pursue a lawsuit, it's important to gather all evidence and documentation related to the incident, including any police reports, witness statements, and any communication records.... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

James L. Arrasmith
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answered on Jun 3, 2024

A writ of possession is a court order granting the right to take possession of a property. In the context of probate, it typically comes into play when dealing with the estate of a deceased person. If an executor or administrator needs to take control of property that is part of the estate, but... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

John Cucci Jr.
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answered on May 15, 2024

A Writ of Possession is where the Court instructs the Sheriff to give possession of a property or apartment to someone, who has a newly granted legal right to possession of the property. Example, is when an heir (son of deceased), has received an Order or decision of a Probate Court, naming him as... View More

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