Lawyers, Answer Questions  & Get Points Log In
Texas Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law, Constitutional Law and Probate for Texas on
Q: Technically, does the prosecution still need to prove guilt if a person takes a plea?

If a plea deal is entered to by a defending party for whatever reason, even though the person may be innocent, does the prosecution still need to prove guilt or does an admission automatically situates his/her guilt?

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

In most cases, an admission of guilt is sufficient. In some cases, corroborating evidence is necessary.

View More Answers

1 Answer | Asked in Constitutional Law and Civil Rights for Texas on
Q: In Dallas, TX can the police come inside of my hotel room without a warrant, if their probable cause is ..

My boyfriend who stays with me in this hotel room every day came back last night in a truck I’d never seen before, I figured it was his friends truck. The next evening he was leaving the parking lot of this hotel in the truck and the cops tried to stop him because apparently the truck was stolen.... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

If you are a registered guest and of the hotel and hotel staff has not taken any steps to terminate your occupancy, police generally have to secure a search warrant to enter and search your room unless there are exigent circumstances which would justify a warrant less search.

A boyfriend...
Read more »

1 Answer | Asked in Personal Injury and Constitutional Law for Texas on
Q: city bus accident were the bus driver shuts the door in my face and pulls away and edit body cam falsified 911 records

How to make them give the information up and is it a violation of my constitutional rights of due process.

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2023

A Texas attorney could advise best, but your question remains open for two weeks and you may be losing valuable time if a public carrier is involved in an injury claim. At this point, consider reaching out to Texas accident attorneys to try to arrange a free initial consult - municipal carriers... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: I got charged with burglary of habitation with intent to harm but the police report says something that didn't happen

I caught the guy i been dating cheating went to the house he open the door and let me in and the girl assaulted me and the police report told a complete lie and stated things that never happen so they could charge me with burglary of habitation with intent to harm I went to the hospital for a... Read more »

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

You should hire a criminal defense attorney to prove what actually happened to secure a not guilty verdict or, better yet, a dismissal.

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: If i were to buy a high quality adult love doll. Can my family regardless of which blood relationship throw it out?

Hello I am a 29 yo male, disabled. My mother is my caregiver at home. If i were to buy a high quality adult love doll, can my mother take, keep it from me, or throw it out legally?

She has already done it once before and i wish to get a replacement but now im seeing if im protected legally.... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 2, 2023

You mom can not legally throw it out.

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Texas on
Q: Fired using false civil charge & denied due process-14th Amndmt?Is this like Gideon v Wainwright for Automatic Lawyer?
John Michael Frick
John Michael Frick
answered on Dec 28, 2022

Gideon v. Wainwright holds that an indigent defendant accused of a serious crime has the right to a court-appointed attorney at the state's expense.

The right of an indigent person to a court-appointed attorney at the state's expense in a civil case is much more narrow....
Read more »

2 Answers | Asked in Consumer Law, Personal Injury, Constitutional Law and Internet Law for Texas on
Q: Is it possible to take legal action against a website that allowed the unethical promotion of a online casino?

I am an individual who is now struggling with a crippling gambling addiction that has ruined my life in every way imaginable in the past 6 months. I was first exposed to this online crypto casino via a live stream on a website where I watched entertainers stream themselves live playing video games,... Read more »

John Michael Frick
John Michael Frick
answered on Dec 19, 2022

Back in 2013, a group of class action plaintiffs lawyers met in Indianapolis to discuss the prospects of such litigation on a scale similar to the tobacco litigation.

Since then, a few smaller lawsuits have been filed that have typically ended unsuccessfully for the plaintiffs.

It...
Read more »

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Identity Theft for Texas on
Q: Can the Civil Action not match the case that was filed
John Michael Frick
John Michael Frick
answered on Dec 18, 2022

This question is too unclear to intelligently answer. You should consider rephrasing it

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: How long can one county hold you for another in Texas on a blue warrant for different county ??

I was pulled over for speeding, my bf had a blue warrant. He didn’t report the last 7 months of parole.

We got pulled over in A different county & reside in another where warrant was issued late last year. Arresting officers and his lawyer (who I can’t get a hold of since one visit... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 18, 2022

It is business days and my guess is they will come get him, Retain a lawyer in the county the parole hearing will take place,

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: Does the state have to file a motion to reindict under a new cause and if so, which action comes first?

If a case was dismissed can a person be reindicted for the same case? And if so, what is the process regarding motions and cause numbers, which comes first the motion to indict or the cause number, can a motion be filed after the indictment or before?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 16, 2022

Yes, it would be a new cause number and they can try to indict, You could prepare a grand jury packet so retain a lawyer,

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Texas on
Q: I was hit by a drunk driver who passed the red light and hit me and in the police report is saying I’m at fault

My insurance has said I’m not at fault is there anything I can do

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 15, 2022

Your insurance company should be handling the case for you, If they are not handling the case retain a lawyer,

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Construction Law for Texas on
Q: Help please

Short question is I had a lawyer that was going to take over my felony I was under the assumption that he had talked to my lawyer and got that paperwork taken care of I had called him regarding a court date he informed me that it had been canceled rescheduled in fact it hadn't been and now I... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 11, 2022

Retain a new lawyer and get the warrant taken care resokved,

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What's the best way to prove police harassment and can I file a lawsuit myself against a game warden for harassment
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Dec 4, 2022

If you can afford to hire an attorney, thats the best way to try and prove it. Expect to pay a retainer - unless you have significant and measurable damages, an attorney won’t take your case for free (on a contingency fee, where they get paid in the end, only if you do…). You absolutely can... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Employment Discrimination for Texas on
Q: My criminal history is being used illiegaly to deny me an opportunity for employment to better myself who do it tellntx

I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Texas on
Q: I want to know in Texas, what is the timeframe allotted to hold trial after indictment and what is the code on this?

I feel my attorney has waived my right to fair and speedy trial. I have not consented to this and he has not informed me that he has or not. But being that I’ve been in this case over 2 years, going on 3 I feel that this is the case. I am looking for an answer to this question due to the fact... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 17, 2022

The law does not require a specific number of days or months. You DON'T have a right to a speedy trial until formal charges are filed, which for felonies means a grand jury indictment... but the clock on the statute of limitations does tick, and that does have a specific timeframe defined in... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Texas on
Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... Read more »

1 Answer | Asked in Family Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: Can an Amicus Attorney 1. Modify a temporary order 2. Strike all of a Pro Se's pleadings?

EXAMPLE:

The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 26, 2022

I doubt the court will strike your pleadings but you need to pay or settle the case,

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 »

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 Criminal Law, Constitutional Law and Public Benefits for Texas on
Q: Who's job is it to police the police?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 16, 2022

Internal affairs police the police

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.