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Texas Civil Rights Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Texas on
Q: Can I break my lease without penalty if there was theft in my unit in texas?

maintaince was scheduled to do repairs in my unit between thursday and friday , upon returning my unit some things were missing in my unit , I made a police report and stated to the property manager that I no longer felt safe and violated and I wanted to rescind my contract, the only option I was... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

No, unless your written lease agreement specifically provides that this is a reason you may terminate your lease early. That would be an extraordinarily uncommon provision.

This is why you never allow other people to enter your unit when you are not home. You should always remain...
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1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Libel & Slander for Texas on
Q: Where can I get a writ of habeas corpus article 11.09 application form when charge can later be used for an enhancement?

It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...

John Cucci Jr.
John Cucci Jr.
answered on Aug 26, 2022

Habeas Corpus Writ Application forms should be available at the Court of Criminal Appeals website. If not, use the 11.07 app form and review the 11.09 rules to be sure you comply.

Good Luck!

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can judges and attorneys be held accountable?

Is it possible to pursue legal action on an attorney and judge for misconduct? The judge has already had disciplinary action With the board

Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You can sue an attorney, yes. That is called malpractice.

Judges are exempt from suit because of how they ruled on your case. The best you can do is file a complaint with the Texas Judicial Board, but you need serious evidence. Merely ruling against you is insufficient. Your best way to...
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1 Answer | Asked in Family Law, Adoption and Civil Rights for Texas on
Q: cps wrongfully removed my son court of appeals deamed cps overlay used disgresion and lied happiescorpus ignored

happiest corpus was signed by a judge to return my son but it was ignored no one was held in contempt of court the two gay men have him and we are supposed to have him back in our custody but we haven't even seen him in over a year what do i do to make them abide by the happiest corpus?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 25, 2022

You need to retain a lawyer or fet a court appointed lawyer,

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: can Cops search you based of hearsay of stealing something?

At the bar, a couple saw my friends and I hanging around them before their phone was stolen but it was a crowded bar and they assume we stole their phone and told the cops who then asked to search me and my friends and we said no, but is that legal??? We did not take their phone but are they... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 25, 2022

They can ask to search you and if you consent they can search you. If they do not have pc they cant search you without your consent,

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Can i buy a firearm if im being charged with a felony?

Im currently being charged with a felony, i have not been convicted and have a clean record before this. I was told i can still own and possess the firearms i own but “probably” wouldnt get sold a gun. I wanna get other lawyers opinions because mine doesnt seem the know what he talks about

John Cucci Jr.
John Cucci Jr.
answered on Jul 20, 2022

While in a normal situation you can buy or possess a gun if you have not been convicted of a felony, you probably can not posses one now. The reason is that if you are presently only charged with a felony, I would bet that either the court or your bond obligations prevent you from possessing a... Read more »

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2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Texas on
Q: My husband was cleared by CPS for the charges he is sitting in jail for, shouldn't his attorney have gotten him out?

Nasty custody battle long story short- ex husband started rumors about new husband, told police and they never investigated,they just put warrants out and arrested him. CPS sent me the ruling that HE IS INNOCENT and went to the jail to apologise to him. He has been in county for 16 MONTHS for... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jul 17, 2022

If he has been in jail for over 90 days and the DA has not obtained an Indictment against your husband, then he could get released with a Writ of Habeas Corpus.

You shouold find out if he was indicted. If he has, then you need to understand that if Indicted, CPS has NO control over the...
Read more »

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2 Answers | Asked in Family Law and Civil Rights for Texas on
Q: If the Plaintiff requested a jury by trial can the defendant request no jury?

My friend if being sued for emotional damage and the Plaintiff requested a jury trial. My friend lives out of state. Can you do a jury trial by video conference or can he request no jury trial? He doesn't have the money to travel out state for a crazy lawsuit. They are suing for one million... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 8, 2022

Unfortunately, if the law allows for a jury trial in this situation, the Plaintiff has a right to request a jury trial and the Respondent (your friend) does not have the right to request no jury trial.

Your friend could file a motion to appear via video conference, but if the court denies...
Read more »

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1 Answer | Asked in Consumer Law, Social Security, Civil Rights and Constitutional Law for Texas on
Q: I have a statement showing I have/had the 40 required amount of work credits needed to be eligible for SSDI

I made $20,000+yr for years until my health decline making my income drop significantly. I applied for benefits and I have been given misinformation, denied continuously,lied to, told my condition is not as severe as I think I is, have errors in case file, and more but yet has conditions and... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Jun 26, 2022

You haven’t provided enough information for anyone to tell you if you have a good case or not. You also aren’t clear about whether you are wanting to obtain disability benefits or sue the SSA for discrimination. If you have already provided detailed information to several lawyers and they have... Read more »

2 Answers | Asked in Criminal Law, Civil Rights, Elder Law and Federal Crimes for Texas on
Q: “During the glory days of radio, it was illegal to mimic the voice of the US president.”

“During the glory days of radio, it was illegal to mimic the voice of the US president.” Was there actually a law prohibiting that? Or was just a White House policy and not a legal issue.

Was it law or policy?

John Cucci Jr.
John Cucci Jr.
answered on Jun 26, 2022

What you are referring to is the Policy of the Government. The 1st Amendment gives you the right to mimic anyone!

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1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can police take my dog from his lead while looking for someone with an arrest warrant who use to live there?

I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

They took your dog and left or they simply moved your dog to a different location? To be honest, if they claimed to be afraid of the dog then they could probably get away with shooting your dog dead.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: My ex boyfriend came out of jail last month and took my daughter with out my permission. How can I get her back?

There is no paternity agreement. No DNA. Nothing saying he is her father. He has history of abusetowards me when i was preg.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 19, 2022

You need to file a suit in court and establish child support.visitatiion and custody.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Texas on
Q: can anyone help with a civil suit that needs a writs

Around 2:00 p.m. on May 19, 2015, Phillips forcibly entered Faedra Wills’s

Arlington home while, apparently unknown to him, Wills locked herself in the

bathroom and called 911. Arlington police officers arrived at Wills’s home while

Phillips was loading stolen... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 12, 2022

Sorry but I did not see a question in your submission. Please try to ask what or how to do something.

Thank you.

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Texas on
Q: Where can I go to find other civil court case appeals records ?

My brother is trying to appeal a judges decision on a motion to dismiss his civil suit against his former attorney , who didn't take any steps to helping my brother in his criminal case that he is innocent of but now serving 35 years the way he was dealt was so wrong . So my brother asked me... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 7, 2022

If your brother is innocent and the attorney was ineffective he should file a 11-07 writ.

1 Answer | Asked in Civil Rights, Domestic Violence and Criminal Law for Texas on
Q: I have a warrant but would like to report domestic battery and harassment in Texas… can I report to police?

I have a warrant from not finishing probation a few years ago. I was convicted if trespassing. Just recently I’ve been abused my my ex physically and he’s currently stalking as well as harassing me on my new phone number. Is there anyway I can report to the cops and get my warrant cleared? I... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on May 23, 2022

You can make a police report but the police may arrest you because you have a open warrant

1 Answer | Asked in Civil Rights, Health Care Law, Public Benefits and Social Security for Texas on
Q: What law sections and codes do I look for when I am have lung agenesis ICD 10 code Q33.3 which is nationally covered ssa

Im 36 born with lung agenesis aka only one lung, I have severe mental health issues, I have the required amount of work credits and my ICD 10 code Q33.3 is nationally covered under the Americans with disabilities act but the ssa says that my condition is not as severe as I think it is. The... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on May 8, 2022

You can read the regulations related to Social Security regulations to see how Social Security considers claims for disability benefits. SSA is making a decision as to whether your medical issues are so severe that they prevent you from doing all work that exists in the national economy. The ICD 10... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Evidence collected and destroyed in Texas, can anyone be held accountable?

Someone arrested and plead guilty under duress. They found out years later evidence was collected from scene of crime, but never tested. Nine years after the crime, defendant learned of said evidence and requested testing. They learned at this time the evidence was destroyed, so all writs were... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 24, 2022

Your questions are complicated. The reason is over the years, the liability and duties of the police, District Attorneys, Courts, and court clerks have all changed in many ways.

The dates of the arrest and seizure are important. That would determine which laws were relevant in your matters....
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Texas on
Q: If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble

If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble if they were told to not come back by my mom.

John Cucci Jr.
John Cucci Jr.
answered on Apr 12, 2022

This is a sticky situation. If you live at the house, you can invite anyone to come see you. However, I would not expect them to "hang out" at the house. You would need them to only stay in your room. Thus, they can come pick you up, or visit you in private, but to do so is asking for... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Is it a violation of my amendment rights if I have a public defender and spoke on the phone once. Before trial I have a

A new attorney and we're going to trial in 2 weeks or less or maybe 3 weeks but they're not prepared for my case and I haven't ever spoke to him before and the only information they have is what the prosecutor gave them instead of investigating my caseit been over 2 years

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 6, 2022

Although you have the right to an attorney, you don't have the right to a GOOD attorney. You have to pay for that and it's really expensive.

That said, if your attorney does nothing (or almost nothing) to prepare then that can be "ineffective assistance of counsel"...
Read more »

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