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Texas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Texas on
Q: Can a judge threaten me with 18 months of jail time if i refuse a data search of my phone? No warrant. Just an order.

I am not suspected of commiting a crime nor charged with a crime. I am victim of domestic violence. I have a reasonable expectation of privacy .

John Michael Frick
John Michael Frick
answered on Feb 13, 2025

Not out of the blue.

If you are a litigant in a case, or have been subpoenaed for discovery in a case, a judge can advise you that you could be held in contempt for violating a subpoena or court order and that the penalty for contempt includes jail time.

As an example, you mention...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Texas on
Q: Can you file a civil case Against the sheriff that has violated your civil rights.

If you violated a protective order that you were told was lifted but was not and then a sheriff came over and tried to arrest you with a warrant that he wouldn't show you and you were in your house and he was not invited in. He reached through the doorway and grabbed your wrist and you stepped... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2025

Yes, there could be a lawsuit. Bring the videotape of the incident to a lawyer who practices in the area of civil rights law in or near the county where the incident occurred. One of the very best dealing with civil rights cases against law enforcement officers is S. Lee Merritt.

As the...
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2 Answers | Asked in Car Accidents and Civil Rights for Texas on
Q: I have an old civil suit from 2011 I never went to court or even knew I was being sued from the car accident.
John Michael Frick
John Michael Frick
answered on Feb 6, 2025

If a judgment was entered more than four years ago, the time to file a bill of review has passed. But if the other party got a judgment against you and hasn't done anything to try to collect it for the last ten years, they may simply have written it off as uncollectible.

I note that...
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2 Answers | Asked in Civil Rights and Personal Injury for Texas on
Q: How can I go after a police officers surety bond or public liability insurance required to hold public office?

Basically all public actors on the state level are required to post a bond or carry a private liability insurance before being sworn in to office. I would like to know how to access the information held by the state reflecting the insurance company and the policy number held by the individual in... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

Actually, in a motor vehicle collision case, you cannot file a lawsuit against the other driver's insurance company. That is called a 'direct action' and is not permissible under Texas law. A few other states do allow such a 'direct action' against the insurance company,... View More

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2 Answers | Asked in Energy, Oil and Gas, Real Estate Law and Civil Rights for Texas on
Q: (USA v Mayra Lopez 11-41392 (5th Cir 2013). These people have stole 15 million $ of oil, land, with others, What do I do

My land and property, minerals are being stolen as people are changing the deeds and altering them online and sending them to county clerk as they approve and send through. Being in probate court as all deeds, vouchers, oil, gas, leases and property is being stolen (50 million).You can notice on... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

How does the case cited USA v. Lopez have anything to do with the land patent claims?

If you received a $50 million inheritance, it is highly unlikely an attorney would take a case such as you describe on a contingency fee. If police and the Texas AG can't prove deed fraud in your...
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2 Answers | Asked in DUI / DWI and Civil Rights for Texas on
Q: If blood is drawn before warrant is issued is it admissable in court
Jim  Butler
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Jim Butler pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2025

So was there a warrant for the blood draw, but the blood draw took place before the warrant was actually signed? I need more information to better answer your question. Nowadays where search warrants are sworn out over the phone, and fax machines are employed - mistakes in procedure can happen. The... View More

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2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Texas on
Q: charged with a felony after 180 days does the 6th amendment apply?
John Michael Frick
John Michael Frick
answered on Dec 30, 2024

The Sixth Amended applies both before and after 180 days. There is nothing magical about 180 days.

If you have been arrested and jailed for a felony, you must be indicted within 180 days or the State must release you on a personal recognizance bond.

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2 Answers | Asked in Civil Rights and Employment Law for Texas on
Q: What type of lawyer do I need in terms of a mental health disability and my job?

I have bipolar disorder and need to know if my job can be at risk because of it.

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

You should contact a lawyer who practices in the area of employment law in or near the county where you work. Typically speaking, if your employer has enough employees to be covered by the applicable statutes, and you can show that your bipolar disorder qualifies as a bona fide disability, your... View More

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2 Answers | Asked in Civil Rights and Consumer Law for Texas on
Q: Basis for Jurisdiction Is a Federal Question do violations of Manufactured Housing Standard Act and DTPA go there?
John Michael Frick
John Michael Frick
answered on Dec 10, 2024

The "National Manufactured Housing Construction and Safety Standards Act of 1974" is a federal act so questions concerning its interpretation and enforcement likely give rise to federal question jurisdiction. But, be aware that the Act contains a lot of provisions that are enforceable... View More

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3 Answers | Asked in Estate Planning, Civil Rights, Elder Law and Energy, Oil and Gas for Texas on
Q: Can my husbands estate be distributed without letting me know? The company has been in touch with me for other things.

I have a feeling my late husbands estate information is deliberately being kept from me, I didn't think so at first now I do, not any of my letters or telephone calls been answered, I wrote to the Insperity Holdings, the HR company that was used at the time my husband was alive letting them... View More

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

As a spouse, you are an heir entitled to notice of the probate of your husband's estate. Usually, you would be the person requesting the court to appoint you as executrix or as the administrator of your husband's estate, and you would be the one giving notice to his other heirs. You... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Texas on
Q: my spouse in which I’m divorcing has committed defamation and slander and perjury and under oath

I am in the end of my divorce and child custody case. my spouse has committed perjury by informing the judge of false accusations regarding myself trying to commit suicide. He committed perjury by advising the judge that he has ever taken care of the children. At any time he committed perjury by... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Statements made in judicial proceedings including divorce actions are absolutely privileged and cannot provide the basis for claims of defamation or slander.

Perjury is a crime which can be reported to law enforcement. It will be up to police and to the district attorney whether the State...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: In order to be charged with resisting arrest, wouldn’t you need to be under arrested and not detained?

Basically you get pulled over, and refuse to exit the vehicle until they called a Sargent, get ripped out of the vehicle then let go with a traffic ticket. Then 2 weeks later get picked up on a warrant for resisting arrest? Is that possible?

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

The criminal offense includes more than simply an arrest. The statute reads:

"A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an...
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1 Answer | Asked in Divorce, Civil Rights, Legal Malpractice and Family Law for Texas on
Q: My attorney did not inform me that there would be witnesses at the hearing including the custody evaluator

My attorney did not provide correct evidence regarding the child abuse my child has suffered and confirmed by Tx children’s child abuse clinic. Also , my attorney has a friend at the law firm that represents my ex and the friend was my ex’s initial contact. Also, for my deposition I was told by... View More

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

It doesn't appear to be "malpractice." That being said, an attorney should take into consideration the legal naivete of a client and should fully inform the client about what to expect. A person who has never had experience with the legal system and does not watch television or... View More

1 Answer | Asked in Civil Rights and Small Claims for Texas on
Q: Am I able to take legal action with PayPal if they refuse to give me my money back after a refund is issued?

I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.

PayPal is obligated to give you a refund if...
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2 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Texas on
Q: I've most likely been erroneously placed on a Terrorist Watchlist. How can I be removed and stop privacy violations?

I'm writing out of desperation. I've been stalked for years and have gone to authorities many times.

I'm experiencing Remote Neural Monitoring and what is referred to as V2K or Voice to Skull. In short, a government agency is reading my thoughts and torturing me twenty-four... View More

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

You should contact the Principal Deputy Director of the TSC at the FBI for information about being removed from the US terrorist watch list.

As for remote neural monitoring and V2K, there is no government agency responsible. Experts pretty much agree that such technology does not yet...
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3 Answers | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: How do I get my one year old back after 3 months away from me?

I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home

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

If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More

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3 Answers | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: How do I get my one year old back after 3 months away from me?

I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home

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

If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More

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2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: What if our OAK FOREST Home Assoc is taking no action on neighbor parking over 25ft lL to 40ft fifth wheel in driveway?

OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More

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3 Answers | Asked in Divorce and Civil Rights for Texas on
Q: my soon to be ex hus somehow has gained access without consent to private info in my personal cell. Is this illegal?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

Hard to say if your Ex Husband's possession of your private info is illegal. The following questions would have to be answered first:

1. How did he get the Info?

2. What is the nature of the info?

3. Is he publishing the info? If so, to whom?

4. Can you show...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I would like to know what steps are needed to take to file a lawsuit against Johnson co PD for wrongful arrest

I believe there is more than enough evidence to not only have the charge dropped but to file (and win) a lawsuit against Johnson co cleburne PD

John Michael Frick
John Michael Frick
answered on Aug 22, 2024

First, you need to clearly win any criminal case arising out of the arrest. By "clearly win" I mean you need to get the charges dismissed, be no-billed by a grand jury, or be found not guilty at trial by a jury.

Second, gather together all of the evidence proving the arrest was...
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