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Texas Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it wrong for detective s to drop a investigation just because they don't believe you,I didn't see my asailnt,

I was shot point blank in

the stomach as I was closeing my door.didnt see who shot me,I had cameras on all 4 corners of my house recording,they repeatedly asked who did it I honestly said I don't know an in pain I screamed out i shot my self so paramedics would take me,they yelled... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 13, 2021

You could ask law enforcement to continue the investigation, but you should reconsider confessing to a criminal offense on a public website.

Texas Penal Code Sec. 37.08. FALSE REPORT TO PEACE OFFICER [...] (a) A person commits an offense if, with intent to deceive, he knowingly makes a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: Is it illegal under 18 U.S.C. §2385 for me to quote the Declaration of Independence?

The Declaration of Independence says to that if the Govt is corrupt we need to abolish it. So is it illegal to advocate the Declaration of Independence under 18 U.S.C. §2385?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 12, 2021

The Declaration of Independence is an interesting historical document that explains why the colonists revolted against the rule of King George but it does not have the authority of law in the United States. In fact, between the time of the Declaration and our current Constitution a different... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Does a defendant have a right to review redacted evidence obtained through discovery before entering plea bargain?

A motion to compel discovery was properly filed by the defendant after the withdraw of the defendant’s first attorney and before the defendant’s second attorney accepted the case. It was ignored. Defendant has not been able to review any of discovery before entering into plea bargain. Defendant... Read more »

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

Simply filing a motion doesn't help and there is a decent chance the judge isn't even aware of it. You've got to serve it on the prosecution and ask the judge for a ruling on it. Unless it is trivial the judge would probably want you to set it for a hearing. If it is trivial then... Read more »

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1 Answer | Asked in Animal / Dog Law and Civil Rights for Texas on
Q: Can I take my dog with me, do I need to call the police when I go get my belongings?

My husband refuses to let me take my dog with me because I am leaving him and he has 5 other dogs and no job. I have an American bully I have paid all his vet bills and am very close to this dog as so is the dog with me. Can I take my dog do I just need to call the police when I get my belongings... Read more »

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

Yes, you can take your dog. It's always easier if you can plan your departure for a time he's not there, but if that's not possible, you can certainly call the police for assistance. Good luck!

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Texas on
Q: Please can anyone just re evaluate final order 05-18-00291-cv
Teri A. Walter
Teri A. Walter answered on Jan 4, 2021

Not in this forum. If you want someone to review the order and interpret it for you, or appeal it, you'll have to consult an attorney. This forum is for general information.

1 Answer | Asked in Estate Planning, Civil Rights and Elder Law for Texas on
Q: i am very worried as over 50, disabled, and no family. can a lawyer hold my living will? have a house, etc, but no exec.

no executor,,and heirs unclear. can a lawyer be executor? also have funeral plot, everything prepaid....but greenwood mt olivet is now saying that a nonmedical person would need to contact them when i die to initiate burial...or they said my body will be dumped into some bin for many weeks. this is... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 20, 2020

You can complete an Appointment for Disposition of Remains saying who you want to handle your remains. You must sign it before a notary. The person you appoint must sign accepting the appointment. That person need not be a family member.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for Texas on
Q: Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)

Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)

While reading this law I noticed “ Texas’s firearm prohibition generally does not apply to people convicted of violent assaults against a current or former dating partner, unless the defendant has been married or... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 3, 2020

The quoted text isn't the law. Rather, it is someone's interpretation of the law, and it is incomplete because the law also includes people who are parents of the same child regardless of marriage or dating history.

In addition to Texas law, you need to be 100% certain that you...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: Is a court appointed lawyer just as good as a paid one

My so cruzs primary parent was his dad I have visitation rights nd all that I .I had bad issues with the law and depression. I have been maintaining well now for a long time.i moved to N.C. to have a better life i was going to fight for custody as soon as I had good time without trouble or drug use... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 27, 2020

A Texas attorney could answer best, but your question remains open for two weeks. The short answer to your question is "yes." I know lawyers in the public sector who are exceptionally skillful advocates, bright, hardworking, and dedicated to their clients' interests. They would... Read more »

1 Answer | Asked in Civil Rights and Collections for Texas on
Q: I need to send a certified registered letter for payment from owner due on an abandoned vehicle in Texas

I have all the info on the guy I just need help writing it or someone show me a sample one or a cope of one

Teri A. Walter
Teri A. Walter answered on Nov 25, 2020

For payment of what? This kind of letter is necessarily very fact-specific. You'll want to be very business like, avoid opinions or characterization of the other party or their actions (or failure to act). State what they owe, what they debt is for, when you expect them to pay, give them a... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Does the law state if/for how long that a police officer can follow you in their car while I'm walking without consent

I was just getting off the bus and my connection bus was about 8 min from arrival. I wanted to buy some cigarettes and there was a CVS and Walgreens across the street. I couldn't remember which of the two stores stop selling tobacco so I went to the nearest one, CVS. Just as I was entering... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

That sounds annoying but it does not seem like a crime. Perhaps if it happened multiple times it could be viewed as the offense of Stalking (Texas Penal Code Sec. 42.072), but I doubt any prosecutor would go after anyone for Stalking if the behavior was limited to public places where he had a... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Land Use & Zoning for Texas on
Q: Can I walk my dog in a gated community that is at the end of my street if someone gave me the code to get inside?

There is a gated community at the end of my street. One day I went inside as my package was delivered to someone inside the gated community. I found a beautiful trail around lakes with waterfalls, and I began taking my dog in there for walks. I met another dog walker that gave me the code to get... Read more »

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

That dude sounds like a creep but legally he has a point. Just because a person invites you into their home or onto their property once doesn't mean you forever have a standing invitation to enter whenever you feel the urge.

1 Answer | Asked in Real Estate Law, Civil Rights and Domestic Violence for Texas on
Q: I'm a victim of sexual assault and need my EPO extended for 2 years. Also have property together and need help

We own a house together and he stole my car title that I bought. I've been gas lighted and don't know what to do

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

Consult with a local FAMILY LAW attorney about the possibility of getting a divorce.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Texas on
Q: Can you be arrested for interference with public duties just for being on the phone whereas I was the victim?

I was arrested on my property for interference with public duties just because I was on my phone. I told the officer the person I was on the phone with was the person that called them to ensure of my safety. They asked me to get off the phone and I dropped my phone to the side. I was told a couple... Read more »

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

Yes, you can be arrested whenever an officer believes you committed a crime. Obviously, that belief might be wrong.

You can only be convicted if enter a plea of Guilty or No Contest or if the prosecution can prove every element of the offense beyond a reasonable doubt. If you were...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Are enhancements only supposed to be used during trial and not in the plea bargaining process or initial charges?

Are enhancements only supposed to be used during trial and not in the plea bargaining process or initial charges? My uncle had a case about 13 years ago and caught another last year that was enhanced (both evading in motor vehicle).

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 31, 2020

Anything can be used during plea bargaining, and I do mean anything. It's absolutely normal to bring up a defendant's past criminal record, even when it might not be admissible. I once saw a lawyer use the weather in plea bargaining- and it worked.

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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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