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Texas Communications Law Questions & Answers
1 Answer | Asked in Real Estate Law, Communications Law, Construction Law and Small Claims for Texas on
Q: If I bought a house with foundation issues, but were told those issues were corrected and they weren’t. what can I do

I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2023

Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.

See a good...
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1 Answer | Asked in Employment Law, Communications Law and Constitutional Law for Texas on
Q: Bar. Cameras posted throughout. Manager quits has passwords. Cont to monitor cameras (visual/audio) from home. Legal?

What is the proper (legal) way to address this situation and options we can take to stop ex-manager from monitoring cameras at establishment when there is no legitimate purpose. Thank you.

John Michael Frick
John Michael Frick
answered on Jul 17, 2023

It may not be legal to allow the former manager who no longer works for the bar to continue to monitor the cameras from home because the former employee no longer has a legitimate purpose. The bar owner should definitely change the passwords and should implement procedures to ensure that the... View More

1 Answer | Asked in Constitutional Law, Communications Law and Libel & Slander for Texas on
Q: Could you start a class action lawsuit against Fox News for knowingly lying to people, or is it just free speech?
John Michael Frick
John Michael Frick
answered on Mar 17, 2023

There actually is a pending lawsuit against Fox News brought by Dominion Voting Systems arguing that Fox defamed Dominion. This case is set for trial April 17.

Suing a media member for defamation (i.e. libel and slander) is very difficult and expensive. Class action lawsuits are likewise...
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1 Answer | Asked in Communications Law and Federal Crimes for Texas on
Q: Recording Consent

If you live in a single party consent state Texas and another person lives in a dual party consent state (CA) can you record them if you are on a call with them (i.e. you are in Texas and are the single party that consents to record the call).

If the person in CA records the person in Texas... View More

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

Under Texas law, the State of Texas will not prosecute you for recording a conversation if you are a party to the communication or have the consent of at least one party to the communication.

Under California law, the State of California may prosecute you for recording a conversation unless...
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1 Answer | Asked in Criminal Law and Communications Law for Texas on
Q: Recording Consent

If you are in a single party consent state (TX) and someone records you who lives in a dual party consent state (CA) is he breaking the law in his state even though you are out of state?

John Michael Frick
John Michael Frick
answered on Mar 31, 2023

Yes, most definitely. California in particular maintains that it can enforce its all-party consent law if any party to a conversation is in California when a conversation is recorded.

1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Texas on
Q: After a temporary order , and finishing the order. Can the other party have a right to order a test without reasoning ?

I finished my life time recovery program on June 9th,2022. I was served a random court date for a hair and nail test. This started when I admitted to my husband I used when my son wasn't around. Due to the mental health and illness I was going through , I never had a criminal or drug history... View More

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 29, 2022

If you are ordered to do a drug test you need to get one done asap. If you used you need more treatment,

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Texas on
Q: How do I get a case dismissed that I was indicted for in 1998 after finding out the indictment was wrong?

In 1998 I was sentenced to 5yrs probation for failure to register, after pulling the record and the true bill of indictment

I realized that the reportable conviction they used to get the indictment I was never convicted of nor was I ever charged with this crime. After all the years that... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 14, 2021

If anyone can fix the conviction, it will be an expert in criminal appeals, and that will be expensive. However, if you were granted a pardon by the Governor of Texas, then you could file for an expunction of the records. That might be just as good of a result, depending on your goals.... View More

1 Answer | Asked in Divorce and Communications Law for Texas on
Q: So long story and dumb on my part. My husband and I are getting divorced. He is dating I messaged the woman.

She didn’t know he was married. No threats or abusive language was used. He tends to lie to I wanted her to know he was married. Again she did not. I apologized for contacting her and assured her I would not bother her. Several hours later she said she was very private and felt unsafe. Again no... View More

Teri A. Walter
Teri A. Walter
answered on Feb 5, 2021

The fact that she's uncomfortable doesn't mean you did anything wrong. Just leave her alone and don't worry about it.

2 Answers | Asked in Criminal Law and Communications Law for Texas on
Q: I have someone threatening to file harassment charges on me for sending a fb message. Can they do this?

This man posted a racist statement in a public Facebook group. I sent the screenshot to his sister and daughter. I also messaged his wife asking why she deleted me. I have not contacted any of them since, and have asked him to stop contacting me after his initial threat. He sent another message... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

A great Tx Lawyer and Judge said: "You can sue a ham sandwich." It sounds like this person thinks his beliefs are the supreme word of God and we should all be worshiping the ground he walks on. He could bring a harassment litigation against you in civil court. The police are usually... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Communications Law and Federal Crimes for Texas on
Q: Neighbor tempering jamming my security system and using electricity to transmit better from my camera system I have proo

Neighbor using electricity to transmit and receive data new technology to my camera system. I have proof on video.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 6, 2020

Consider building a "Faraday Cage" around your electronics to prevent unwanted interference from outside electromagnetic waves. A modern approach is to use EMF shielding paint... it is even available on Amazon.

Warning: Totally blocking external electromagnetic waves in your...
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1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Environmental for Texas on
Q: my daughter is 13 and has 20 hours of community service she only did 10 because she ran out of space on the sheet whats
Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Jan 22, 2020

Please complete your question. Your daughter can make copies or ask for another sheet.

1 Answer | Asked in Criminal Law and Communications Law for Texas on
Q: If someone was lied to about a court date what can they do? In Texas

My friend thought a court date was in December. He got a text message on November 17th saying that if he doesn't go to court the next day he will have a warrant for his arrest. He called them because he wasn't aware of this, then the lady asked for his full name and stuff to look up when... View More

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Nov 27, 2019

I suggest your friend call the court to ensure that it is a legitimate call to begin with.

2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Federal Crimes for Texas on
Q: Can I sue my neighbors with proff of them using a jamming device on my home security system camera?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 20, 2019

Not in Criminal Law. I'm able to provide an answer with regard to the other listed areas of law because my focus is Criminal Law.

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1 Answer | Asked in Banking and Communications Law for Texas on
Q: How much trouble am I in?

I was talking to a guy. He paid my credit card off. Then asked me to get him 350 dollars worth of gift cards to pay him back. I thought it was a scam and called then bank to have my account frozen and asked to have the payment sent back. But they guy is claiming that he can have me arrested

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 19, 2019

I am not licensed to practice law in Texas but I do know banking law very well. People who have their bank stop payment on something without any cause are considered in the same category as people who write bad checks.

If "the guy" who paid off your credit card did so using a...
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2 Answers | Asked in Criminal Law and Communications Law for Texas on
Q: after divorce can one parent use a child's iPad to access other parents personal info. on personal device

ex husband used 8 yr old sons iPad to access ex wife's personal data from her phone because mother had a shared plan with son. ex husband then used personal info to call and harass local elected state officials

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 9, 2018

Depending on the specific fact pattern, it might match the offense known as "Breach of Computer Security" as defined by Texas Penal Code 33.02.

Harassment is also a crime, and one of the ways a person can commit Harassment is by repeatedly sending electronic communication that...
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1 Answer | Asked in Criminal Law, Communications Law and Divorce for Texas on
Q: in a divorce can one parent access a child's iPad to retrieve personal info. from other parents device w/o permission

ex husband used child's iPad to access personal info from exes device because she had a shared plan with 8 year old son. ex husband then used personal numbers to call and harass publicly elected officials

Grant St Julian III
Grant St Julian III
answered on Apr 8, 2018

Access to the ipad is not the issue, it's the harassment. The subjects of the harassment shoul contact the police, and you can cooperate in the investigation.

2 Answers | Asked in Domestic Violence, Family Law, Personal Injury, Civil Litigation and Communications Law for Texas on
Q: Can you sue someone for sending emails that curse you out with abusive language in almost every other word.

Could you also sue for defamation in that email since now permanently on a public server since emails are stored forever?

Gary D. Peak
Gary D. Peak
answered on Apr 7, 2018

Better to block them and remove them from your life.

You will have trouble finding an attorney who would file such case. No money damages. Just some irritation and frustration.

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2 Answers | Asked in Communications Law for Texas on
Q: How do I fight a fake police report about me? It was for telephone harassment, which did not occur.

On April fool my friends and I called an ex-friend as a prank call. We were going to jokingly apologize for why our friendship ended and say happy Easter. The ex-friend never picked up the phone so we left a voicemail. Later that day, the ex-friend called back, we used an outsiders phone since the... View More

Grant St Julian III
Grant St Julian III
answered on Apr 4, 2018

If the allegations filed against you are not true. retain a local attorney, enter a plea of not guilty to the charges and force the State to prove those allegations beyond a reasonable doubt. You have the right to present whatever evidence you have to a jury, and let them decide who is telling... View More

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1 Answer | Asked in Copyright, Communications Law, Intellectual Property and Trademark for Texas on
Q: Removal of a person's image off a webpage

If a photographer post pictures on Facebook but the model did not sign the release form is there anything that can be done to remove the pictures from the photographers page.

Griffin Klema
Griffin Klema
answered on Jan 17, 2018

Maybe. It depends on the relationship between the photographer and the model. Was the model employed? Was there an employment contract? How well known is the model? The photographer likely owns the copyright, but the model may not have licensed her "likeness" (a right of privacy).... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Communications Law for Texas on
Q: Is it aillegal to prevent me from calling 911, even if the person is a mom roomate blockin a door wit small kids inside?

I was having an issue with another female...and since my tablet doesn't have service, tried to make my way to my sister's cell, but a petite female barracaded the door proclaiming "not with since her kids are there"....I walked away from that and shouldn't have and wanna... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 29, 2017

It might be illegal if you were attempting to make an emergency call. The fact that you wanted to call 911 doesn't mean it was an emergency. The applicable definition of emergency is found in Texas Penal Code 42.062(d)

See: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm#42.062

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