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 »
answered on Jun 26, 2022
I doubt the court will strike your pleadings but you need to pay or settle the case,
answered on Mar 23, 2022
If he's still in jail it means he hasn't posted bond. If the bond is too high, you could ask his attorney if there is any chance to get it lowered. However, it is also possible that his attorney won't talk to you since you are not technically the client... your husband is. Most... Read more »
answered on Mar 22, 2022
I suspect that, for the purposes of a crime like falsifying a government record, the party executive committing is more akin to a private club than a government body. I haven't researched that but that would be my guess.
My son’s grandma (not my mom) was recently arrested for “forgery of a financial instrument >2500<30k, ENH IAT.” It was some sort of government document but I can’t see what exactly it was. It’s listed as a third degree felony on her arraignment public record. She has 5 prior... Read more »
answered on Dec 20, 2021
Your son's grandma should hire a criminal defense attorney to review her case to determine the best possible outcome as she could be enhanced, meaning given a heavier sentence, if she is a repeat or habitual offender (two prior TDC trips). Under the scenario you provided, it is possible for... Read more »
I applied to a texas colllege and when applying I informed the school that I considered myself a texas resident because I spent my freshmen, sophmore, and half of my senior year at a texas highschool and graduated from said school. I only spent my junior year and half of my senior year in new... Read more »
answered on Nov 30, 2021
There are rules that govern when in-state and out of state tuition should be charged. (When I was in school, after being employed in Texas for a year, I qualified for in-state tuition - so I paid out of state tuition for only the first year, and then switched to in-state tuition.) Here's a... Read more »
answered on Sep 29, 2021
Personal property may not be removed without a search warrant. Personal property such as cars that have not been moved may violate local ordinances. They can be removed once the owner has received notice to remove, and there has either been a hearing or the person has not responded. If it was... Read more »
I am under witness protection due to being victim of aggravated assault with a deadly weapon but DA has shared the witness list which is now public information online. This is also shared with the defendants lawyer. The list shows my name & address. Is there anything I can do? I've tried... Read more »
answered on Sep 23, 2021
Your situation seems terrible.
Witness protection can have different meanings and different levels of protection. The DA's office should have a "victim's advocate" or something similar. It is usually the task of that unit or person to handle your concerns. If that is not... Read more »
If enforcement of ordinance would directly violate 1st Amendment
answered on Aug 7, 2021
A Texas attorney could advise best, but your post remains open for two weeks. Ordinances could be challenged on constitutional grounds in the course of their development, while in committees or floor debates. Ordinances are also sometimes challenged in the course of actual cases that challenge... Read more »
1st time offense. No prescription. Medication bought over a period of time. Individual entering state for holidays.
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 »
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
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 »
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 »
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
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?
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?
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?
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 »
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 »
answered on Jan 28, 2021
You really need to have an experienced Family Law attorney examine the documents to see if they are defective.
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?
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 »
This is regarding the Supreme court case, Lochner v. New York, 198 U.S. 45 (1905)
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 »
Does boot camp qualify the trial to be put on “stay” status?
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 »
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
I am suing a company and the lawyer that is representing them is a lawyer I have used in the past
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 »
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.
