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Texas Gov & Administrative Law Questions & Answers
2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: What can I do if my probation officer refuses a second substance abuse evaluation recommendation?

I was ordered to get a substance abuse evaluation as a condition of my probation. The first evaluation contained fabricated information and misrepresentations. Initially, the recommendation was for supportive outpatient care until my probation officer mentioned a "dirty" UA, which was... View More

John Cucci Jr.
John Cucci Jr.
answered on Jul 9, 2025

There is always legal recourse. However, the further along you get in the criminal system, the harder it is to undo whatever your status has become. A big part of overturning any judge or other conclusions made in the legal system, as a mandate from the court, will usually cost a LOT of MONEY.... View More

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2 Answers | Asked in Criminal Law, Legal Malpractice and Gov & Administrative Law for Texas on
Q: Can a felon unknowingly possessing a gun be charged?

I was driving with a friend who is on parole when we got pulled over in Texas. I'm a felon myself but haven't been in trouble since 2009. My friend handed me a gun, which I didn't know he had, and I placed it beside my seat out of fear. The police searched the car without asking,... View More

John Cucci Jr.
John Cucci Jr.
answered on Jul 9, 2025

Yes, you can BOTH be charged with possession of the gun as you both were within arms-reach of the weapon.

You can escape criminal charges if your friend acts like one, and takes an official position of ownership or control of the weapon.

There are a lot of different ways to...
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2 Answers | Asked in Gov & Administrative Law and Tax Law for Texas on
Q: Does a church need a permanent location for IRS 501(c)(3) status?

Our small congregation of 15-20 people follows a nature-based Pagan tradition and meets eight times a year, often outdoors, at solstices, equinoxes, and midpoint Sundays according to Pagan customs. We rotate locations between board members' homes or rent space in local parks. Recently, we lost... View More

John Michael Frick
John Michael Frick
answered on Jun 25, 2025

The IRS considers several factors in determining whether an organization qualifies as a "church" for purposes of tax-exempt status including whether the organization has an established place of worship. That does not necessarily mean a permanent building of its own.

The IRS...
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2 Answers | Asked in Communications Law and Gov & Administrative Law for Texas on
Q: Receiving unwanted texts addressed to someone else using my phone number for years; how to stop this?

For about a decade, I've been receiving daily texts and calls from political organizations addressed to a woman named Kathy W., whom I do not know. Despite using every spam blocker offered by my phone provider and contacting these organizations to remove my number, I still receive 5 to 10... View More

John Michael Frick
John Michael Frick
answered on Jun 25, 2025

Political campaigns are legally required to stop sending text messages if you reply 'STOP' or forward the message to 7726, but not all political advertising comes directly from a candidate's campaign. Not to mention there are a lot of political candidates.

There are a...
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3 Answers | Asked in Arbitration / Mediation Law and Gov & Administrative Law for Texas on
Q: Is there a TRCP rule requiring attorneys to provide firm name for Attorney Index in arbitration?

I am a court reporter working under the American Arbitration Association. During an arbitration deposition, the in-house counsel for a defendant party refused to provide her firm's name and address. Both parties agreed to list the in-house counsel under "Also Present" instead of the... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2025

Unless the parties agree--which would be highly unusual--the TRCPs do not apply in arbitration proceedings. The rules of the arbitration tribunal apply.

There is no rule that requires an attorney attending a deposition to provide a firm name or address to a court reporter. It is commonly...
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2 Answers | Asked in Divorce, Landlord - Tenant, Gov & Administrative Law, Family Law and Real Estate Law for Texas on
Q: How can I address a receivership issue regarding my home related to divorce settlement in Texas?

My home is currently in receivership due to a divorce settlement, and the decree allows me to stay until it is sold. The receiver's orders state that eviction is possible only if I obstruct the sale, which I am not doing. Despite this, the receiver has filed a case in JP court seeking my... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2025

In Texas, JP courts have exclusive original jurisdiction over every eviction case. Even though the receiver was appointed by another court pursuant to its jurisdiction over matters arising from the Family Code, the receiver is required to file the eviction case in JP court.

At the eviction...
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3 Answers | Asked in Constitutional Law, Employment Law and Gov & Administrative Law for Texas on
Q: Can police stop a commercial motor vehicle without reasonable suspicion in Texas?

I was driving my commercial motor vehicle safely on a public road when I was stopped by a state trooper. The trooper claimed the stop was to conduct a safety inspection, but no violations were found during the inspection. I believe that stopping a commercial vehicle without first articulating a... View More

Emery Brett Ledger
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answered on May 28, 2025

This is a very insightful and important question, especially for commercial drivers who operate under both state and federal regulatory frameworks. Let’s unpack the legal standards involved here.

General Rule: Reasonable Suspicion for Traffic Stops

Under the Fourth Amendment,...
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3 Answers | Asked in Banking, Estate Planning and Gov & Administrative Law for Texas on
Q: Can I use DPOA to open an account and buy assets for principal?

I hold a valid Durable Power of Attorney (DPOA) and attempted to act as an agent for the principal (my legal name in all caps) to open an account for purchasing assets like a car or house, using security collateral owed to the principal to cover debts. However, the bank has declined my request,... View More

John Michael Frick
John Michael Frick
answered on May 27, 2025

It is unclear what you mean by "for the principal (my legal name in all caps)."

A bank or financial institution has various regulations which allow them to honor a POA but also require them to confirm the identity of their customer. A bank may require the principal to confirm...
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3 Answers | Asked in Gov & Administrative Law and Health Care Law for Texas on
Q: How can I obtain medical records for my imprisoned husband's case?

I am trying to obtain medical records as evidence related to my husband's case, who is currently in prison. A lawyer has these records, and I need guidance on how I can receive them. What steps should I take to access these medical records?

John Michael Frick
John Michael Frick
answered on May 12, 2025

You need to have your husband sign a POA and authorization in your favor for those specific medical records. If the lawyer does not represent an adverse party, the lawyer will likely honor the POA and authorization and release the medical records to you.

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2 Answers | Asked in Tax Law, Civil Litigation, Gov & Administrative Law and Civil Rights for Texas on
Q: Property sold after wrong address for tax lawsuit, no notice received. What can be done?

How could the tax appraisal office file a lawsuit regarding property back taxes in April 2020 when the government advised citizens to stay home due to COVID-19? Despite this, the office sent the lawsuit notice to the wrong address, resulting in no notification until after the property was sold. I... View More

John Michael Frick
John Michael Frick
answered on May 1, 2025

Too much time has passed to address this situation that occurred way back in April 2020. The "COVID shutdown" back then has been lifted for some time. The Supreme Court of Texas issued numerous COVID orders temporarily addressing legal issues like tolling the statute of limitations,... View More

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2 Answers | Asked in Civil Rights, Family Law and Gov & Administrative Law for Texas on
Q: Can grandparents in Texas have rights if they've cared for grandchildren for 3 years? How to petition court for children's return?

I have been the sole provider for my grandchildren, who have lived with me for three years. Both parents consented to my guardianship, and I have voluntary guardianship paperwork from my daughter for medical and daycare purposes. Recently, CPS removed my grandchildren from my home due to my... View More

John Michael Frick
John Michael Frick
answered on Apr 28, 2025

A grandparent has standing to petition for certain rights with respect to grandchildren. "Standing" is the legal right to ask the court for something. Until you have a court order, you do not have "rights" simply because your grandchildren lived with you.

A...
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2 Answers | Asked in Child Custody, Gov & Administrative Law and Family Law for Texas on
Q: Can I transfer my ongoing California custody case to Texas?

I have an ongoing custody case in California that began in 2018. My ex-husband continually disputes the superior court judge's orders. We've been living in Texas for 16 months, and I want to transfer the case to Texas. A Texas lawyer told me it could be done, but it would cost $6000 to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2025

Because there is no procedure or mechanism for transferring a pending civil case from one state court to a court of another state.

If you filed the pending case and your ex-husband did not file a counterclaim, you might be able to dismiss your pending California case without prejudice...
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2 Answers | Asked in Animal / Dog Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Grounds to file motion to dismiss for animal not restrained case?

I am a defendant in a case titled "State of Texas vs. [defendant]" regarding the issue of "animals not restrained," involving chickens eating grass in my front yard. On March 8th, 2024, I received a yellow card from Fort Worth code compliance/animal control, but it did not... View More

John Michael Frick
John Michael Frick
answered on Apr 21, 2025

First, remember that in a criminal case, only the prosecutor can file a motion to dismiss. The defendant and his attorney cannot.

With that in mind, the answer to your question is the prosecutor could file a motion to dismiss on the ground that the code does not authorize the issuance of a...
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2 Answers | Asked in Consumer Law and Gov & Administrative Law for Texas on
Q: How to report inaccuracies by a background check company based in Spring, TX.

I am dealing with issues related to a background search company. The phone number provided on my report doesn't exist, so I'm unable to speak with an agent. I've tried contacting them via fax and email all day without success. There are several inaccuracies in the report that I... View More

Matthew McKenna
Matthew McKenna
answered on Apr 16, 2025

I would contact a consumer protection attorney. You'll want to dispute the inaccurate information that is being reported by that background check company but a consumer protection attorney would likely be able to help you dispute the inaccurate information. I would recommend for you to reach... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: How to pursue legal action in TX against Concord Auto Protect?

I purchased an auto warranty contract from Concord Auto Protect on November 22, 2023, which is set to expire on November 25, 2025. In 2023, I successfully used the warranty once. However, when attempting to use their services again in March 2025, both the service department and I made multiple... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

If you purchased the warranty in Texas and it does not contain either an arbitration clause or forum selection clause, you can sue the company here in Texas for breach of the warranty contract. Depending on what the lawsuit filed by the Pennsylvania AG alleges, there may even be a suit for a Texas... View More

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2 Answers | Asked in Criminal Law, Gov & Administrative Law, Civil Litigation and Real Estate Law for Texas on
Q: House raided after wife's seizure; charged with possession. Was the warrant legal? Handling confiscated property?

I am seeking legal advice after my house was raided by police who had a warrant. The incident began when my wife had a seizure at a store, and police were called. I was not present during this medical emergency. They found paraphernalia in our car, but neither my wife nor I were charged at that... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2025

I would challenge that warrant. I believe that the paraphernalia in your car is way too tenuous, to get a good warrant. If you were charged, you have the right to get a copy of the affidavit that was the basis for the warrant.

I can not believe you can't find a lawyer to go after that...
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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Arrest for possession of fentanyl after helping overdose victim

While at a motel where someone overdosed, I performed CPR until the police arrived. I picked up a small baggie with white powder out of fear of being charged, but stayed to help. Police arrested me for class C warrants, leaving me in the rain. Later, at the station, they found the baggie, now wet,... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 10, 2025

You are in a tight spot!

If you have no criminal record, and you can prove that you did attempt to save the other person's life, you may have a good chance at winning a jury trial.

If you have drug convictions on your record, you are going to be fighting uphill.

Ask if...
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2 Answers | Asked in Real Estate Law, Gov & Administrative Law and Tax Law for Texas on
Q: Is it a RESP violation if my mortgage company misestimated property taxes?

I purchased my home in Texas in October 2023. My mortgage company estimated MUD property taxes based on the land value instead of the newly completed home and the selling price. I discovered this issue in March 2025 when I received a statement showing an escrow shortage of over $1,200, resulting in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

No this is not a RESPA violation. Property taxes are the legal responsibility of the owner (YOU). Lenders almost always require a borrower-owner to timely pay their property taxes. Sometimes, lenders require the borrower-lender to escrow money by paying an additional sum each month with the loan... View More

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2 Answers | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: Is a TX protective order void without personal jurisdiction?

I had an attorney who filed a special appearance in a Texas court, arguing that the court did not have personal jurisdiction over me. Despite this, the court issued a final protective order against me based on false allegations of sexual abuse. Is this protective order void due to the lack of... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

No, the order is not void, but it is potentially voidable. If your attorney filed a special appearance, the question of personal jurisdiction was presented to the court. It then became incumbent on you through your attorney to set your special appearance for hearing and to secure a ruling from... View More

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2 Answers | Asked in Appeals / Appellate Law and Gov & Administrative Law for Texas on
Q: How does Freeman v. Freeman (1959) affect invalid court orders?

I'm looking for information on how Freeman v. Freeman, 327 S.W.2d 428 (Texas 1959), might influence the validity of court orders when a court has issued an order without the necessary authority, followed by a subsequent order based on the first. Additionally, I am interested in a list of... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2025

Certain language in Freeman was later expressly disapproved by the Supreme Court of Texas in Mapco v. Forrest, 795 S.W.2d 700 (Tex. 1990).

You can shepardize this case by going to any legal library or through subscription services like Lexis or Westlaw. There are 90 cases listed in...
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