Lawyers, Answer Questions  & Get Points Log In
Texas Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Texas on
Q: Can one get prosecuted for trafficking when entering any state, in possession of 10gr of pseudoephedrine hydrocloride?

1st time offense. No prescription. Medication bought over a period of time. Individual entering state for holidays.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

You can be arrested and prosecuted for anything. However, you can only be convicted if you enter a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. Ten grams is 10,000 milligrams. A typical pill of pseudoephedrine... Read more »

1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Texas Dps has not fully opened since Texas ended covid restrictions. Need drivers permit before app date can't get it

Was given an appointment for sept 23 and I'm trying to teach my son to drive before he leaves for school in August. I'm unable to sit and wait hours because of my job How is everything else open but public service

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

Everything is open except "public service" (aka government jobs) because they make the rules. Welcome to government. You can teach your son to drive without them, but you'll need to deal with DPS to get him a license. The good news is that if he's old enough to drive,... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Gov & Administrative Law for Texas on
Q: Yes I want to know if a court can require. Me to take drug test while on bond before I am convicted of any crime
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 15, 2021

Yes, the court has wide discretion when setting the conditions of bond. Anything related to your attendance at court or the safety of the community is fair game. If your case does not involve drugs and you don't have any history of drug use then you could ask your attorney about the... Read more »

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Are collapsible expandable batons legal for open carry in the State of Texas
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

I'm not sure but the first place I would try is chapter 46 of the Texas Penal Code and just mentally replace the word "club" with "baton." Here is the link: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Could a state change the title of their executive from governor to president?

I have looked in the constitution and found no provision requiring state executives to be called governors. So was curious if it was in federal law or if there is no law barring the change and that legislatures only need approve it and it shall be done?

Teri A. Walter
Teri A. Walter answered on Mar 1, 2021

State Constitutions specify the titles of the executive officers. While the Constitution could be amended to change the title, really, what's the point?

2 Answers | Asked in Gov & Administrative Law for Texas on
Q: The Governor's Oath of office does not include the people; did I miss where he is to protect us and our rights?

I have always thought that governors like the president were expected to defend and protect their people. If so, why is there no mention of this specifically in the Oath?

Teri A. Walter
Teri A. Walter answered on Feb 25, 2021

All public representatives, and lawyers, take an oath to uphold and defend the Constitution. Numerous Supreme Court decisions make it clear that none of them, including the police, have any duty to "protect the people," and frankly, we're all safer that way.

Your interests...
Read more »

View More Answers

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Texas on
Q: Summons/citations were served for custody modification but had petitioner name wrong

My husband and I were served with a summons/citation for modify custody by a 3rd party but the petitioner was DCCPS and petition was in this 3rd parties name. Also, mine had the official stamp and my husband's did not. The petition contained request for temp. orders, TPO, affidavit and... Read more »

Rick  Davis
Rick Davis answered on Jan 28, 2021

You really need to have an experienced Family Law attorney examine the documents to see if they are defective.

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 »

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Texas on
Q: Could you clarify how/why the minority of the Court favours an economic model of state paternalism / social democracy?

This is regarding the Supreme court case, Lochner v. New York, 198 U.S. 45 (1905)

Tim Akpinar
Tim Akpinar answered on Nov 9, 2020

There's considerable discussion and material on this case online. It could take some effort to narrow the issues down to the specific manner outlined in the description above. One starting point could be the U.S. Supreme Court's blog -... Read more »

Q: I’m about to go to boot camp but I have a pending civil court case for a car accident. Will I be able to go to BC?

Does boot camp qualify the trial to be put on “stay” status?

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Texas attorney should advise, but your question remains open for two weeks. Until you are able to consult with a Texas attorney with time looming, you could check with the judge's clerk on your case. Based on your description, it sounds like a note of issue has been filed and that you may be... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Gov & Administrative Law for Texas on
Q: I got video of cops making illegal arrest no warrants and taking pics of drugs they had and pinning charges on friend
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 30, 2020

Provide a copy of the video to your friend's criminal defense attorney.

See chapter 14 of the Code of Criminal Procedure if you are curious about the list of situations where a peace officer can make an arrest without a warrant. https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm

1 Answer | Asked in Civil Litigation, Constitutional Law, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer that I have used before represent the other party

I am suing a company and the lawyer that is representing them is a lawyer I have used in the past

Tim Akpinar
Tim Akpinar answered on Jul 29, 2020

A Texas attorney could answer best, but your question remains open for two weeks. It's difficult to address such a situation with a quick response. Aside from applicable Texas rules for attorneys, it could hinge on what you used the attorney for in the past, what she or he knows about you, any... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer I have used in the past be hired by the other side
Tim Akpinar
Tim Akpinar answered on Jul 25, 2020

A Texas attorney could advise best, but your question remains open for a week. As a GENERAL matter, it could be conflict, maybe not be the readily apparent type where an attorney could not simultaneously represent two parties of opposed interests in the same transaction (such as both sides in a... Read more »

1 Answer | Asked in Copyright, Tax Law, Cannabis & Marijuana Law and Gov & Administrative Law for Texas on
Q: What is my entity type if I’m running an online smoke shop?

Any other legal advice about starting an online smoke shop

David Ostrove
David Ostrove answered on Jun 28, 2020

Based on what you have stated, you are probably a sole proprietorship.

1 Answer | Asked in Criminal Law, Federal Crimes, White Collar Crime and Gov & Administrative Law for Texas on
Q: Can I hold a code enforcement official accountable for making false accusations, criminal

Code enforcement made a false accusations and had our water turned off,his accusation was that there was a water source going into a RV that is used as storage,he went as far as to say that he had pictures, which he couldn't of had because there is no water going into or out since it was... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 23, 2020

The offense of TAMPERING WITH GOVERNMENTAL RECORD is defined in chapter 37 of the Penal Code which is available online here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.37.htm#37.10

There might be a problem proving that it was intentional rather than accidental or negligent. Also, a...
Read more »

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Immigration Law for Texas on
Q: Is there any issue with permanent residents accepting government aid?

If a permanent resident accept FAFSA gift aid, is there any possibility the government will inquire it back? For example if the government gifted me $4000 could they charge it back?

Robert Roy Klein
Robert Roy Klein answered on Apr 21, 2020

Permanent residents may receive FAFSA. There might be other reasons that they might want you to pay it back, like for fraud. As for you being a permanent resident, it won't have any effect on citizenship.

1 Answer | Asked in Car Accidents, Gov & Administrative Law, Insurance Defense and Small Claims for Texas on
Q: Is it possible to sue Texas DPS for negligence ?

After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this... Read more »

Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

View More Answers

1 Answer | Asked in Family Law, Adoption, Civil Rights and Gov & Administrative Law for Texas on
Q: where is the policy for bringing up another lawsuit after one is dismissed

i was thinking it takes a year for family or civil

Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

A Texas attorney is best qualified to answer this question, but you await an answer for three weeks. As a GENERAL premise, if a matter is dismissed on the merits (for something substantive - not something technical such as "this is the wrong court, you must bring your action in a different... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: How can a so called charge from the seventys hold up a arrainment hearing no related.

I'm 61 in real trouble for first time in my life. I'm told back in 70's I had a charge for something to do with stealing property out of a car. First I've heard of it so I told them just that. My current sentencing has been delayed until more info fount saying I was charged .... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 27, 2020

You must have this conversation with your attorney; no one in this forum has any idea who told you about, "back in 70's (there was) a charge for something to do with stealing property out of a car". Good luck.

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.