Lawyers, Answer Questions  & Get Points Log In
Texas Civil Rights Questions & Answers
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 »

View More Answers

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 »

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I was convicted of a felony after the courts had already declared it unconstitutional. Am I entitled to compensation?

I was convicted under Texas Penal Code 33.021(b) in 2015, after it was declared unconstitutional in October 2013. I have already sought relief, and the DA has conceded the writ. I will be exonerated. We're waiting on the Court of Criminal Appeals to do their thing. My lawyer wants to pursue a... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on May 19, 2020

Your lawyer is in a better position to evaluate that since he or she knows all of the details of your case.

View More Answers

2 Answers | Asked in Tax Law, Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: Does the judge who signs an affidavit keep the original signed affidavit and give back a copy?

I believe affidavit turned into be filled for records is different than the one the judge signed and kept for his records

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on May 11, 2020

If you mean affidavits of probable cause upon which is the basis to issue an arrest warrant or search warrant, in Texas the Judge is supposed to keep those or file them in a place that they are publicly available since they are matters of public record.

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Texas on
Q: If person is arrested for assault on family member and charges werent pressed is it legal to issue a warrant
Kiele Linroth Pace
Kiele Linroth Pace answered on May 8, 2020

A warrant may be issued when there is probable cause to believe an offense occurred, so whether or not anyone pressed charges is irrelevant to the legality of a warrant. In a domestic assault case, the term "pressing charges" means the witness is helping the police and/or prosecutor... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I'm curious about current Texas knife laws. Can I legally carry a knife with a blade shorter than 5.5 inches in school?

I'm a teacher and want to know for an adult like myself, not a student or child.

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2020

An adult wouldn't be in violation of the Unlawful Carry law for a location restricted knife under Texas Penal Code 46.02(a-4) but could be convicted of carrying in a Prohibited Place under Penal Code 46.03(a)(1) for having a knife with a blade over five and one-half inches at school (or in a... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets and Civil Rights for Texas on
Q: Can a judge find you guilty only because you testified to the wrong flashing red light.

I only knew we were talking about 1 light light when cop was talking about another

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

A Judge will find you guilty if she/he believes the State has proven the allegations against you beyond a reasonable doubt.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Texas on
Q: Hello. If someone in Harris County, Texas gets a paraphernalia ticket and can pay for the 150$ class then???

Will they have alternative choices? What about community service?

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

If the person can afford it they should hire a local traffic ticket attorney and try to get a deferral program that doesn't result in a conviction.

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Civil Rights for Texas on
Q: I currently am working on a case similar to the one found in ex parte snow.

Support needed for the upholding of the constitution

Tim Akpinar
Tim Akpinar answered on Apr 21, 2020

Because of the complexity of your research, it could be difficult for a Texas attorney to advise in the brief format of this Q & A Board. That could be why the post remains open for three weeks. One option is to contact Texas attorneys directly. Although many offices are closed or not seeing... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I'm hoping someone can be of a little help. I recently applied to purchase a firearm and the NICS check came back denied

I contacted the appeals department of the NICS for the reason for denial and received this response:

Title 18, United States Code (U.S.C.), Sections 921(a)(20) and 922(g)(1): “A person who has

been convicted in any court of a crime punishable by imprisonment for a term exceeding... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 16, 2020

The background check relies on data supplied by Texas DPS so run a fingerprint criminal history report on yourself to determine how it is being reported. The cost is $25.

Start here: https://www.identogo.com/locations/texas

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Texas on
Q: I have a couple questions

1. I live with my boyfriend who has 2 adult daughters they do not live at home. The other night after being told not to come over they both barged in the house to come over “talk” to me . Haha they come to stir up problems. I told them to leave I wasn’t talking to them I went to bedroom shut... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 8, 2020

This question is marked as both Georgia and Texas. The exact rules that apply will depend on the location of the house. If the house is in Texas, you can't legally exclude them from the house if they are invited by their father... but you could leave him and move somewhere on your own... and... Read more »

1 Answer | Asked in Family Law, Adoption, Civil Rights and Gov & Administrative Law for Texas on
Q: where is the policy for bringing up another lawsuit after one is dismissed

i was thinking it takes a year for family or civil

Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

A Texas attorney is best qualified to answer this question, but you await an answer for three weeks. As a GENERAL premise, if a matter is dismissed on the merits (for something substantive - not something technical such as "this is the wrong court, you must bring your action in a different... Read more »

1 Answer | Asked in Banking, Civil Litigation, Bankruptcy and Civil Rights for Texas on
Q: If you paid off your account and the lawyer put a lien on my bank account. I have summited the paperwork already to him.

My wife payed of the account with another lawyer firm but this lawyer never did the research and froze my bank account how long will it take for him to release my bank account and give us our money back. Also can I file a suite against him

Timothy Denison
Timothy Denison answered on Mar 21, 2020

If you owed no money on the debt at the time the bank account was seized, you may have a claim for wrongful execution against the lawyer.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Texas on
Q: i was wrongfully detained and treated. like a common criminal and owe the city $600 for trying to report attack. 4 suspe
Grant St Julian III
Grant St Julian III answered on Mar 21, 2020

I am not sure of your exact question. Were you charged with a criminal offense?

1 Answer | Asked in Civil Litigation, Personal Injury and Civil Rights for Texas on
Q: Does a person mentally disabled have different statue of limitations when suing a company for deformities/injuries

Does a mental disability lengthen the statue of limitations in a lawsuit when the plaintiff is disabled

Tim Akpinar
Tim Akpinar answered on Mar 10, 2020

A Texas attorney is qualified to answer your question, as statutes of limitations are generally governed by state law. However, your post remains open for two weeks. Until you are able to arrange a consult with a Texas attorney, keep in mind that as a general matter, statutes of limitations can be... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.