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Texas Libel & Slander Questions & Answers
1 Answer | Asked in Real Estate Law and Libel & Slander for Texas on
Q: Can you please inform me (or direct me to appropriate information) on how to remove board members.

I know a petition to remove can be done, but I want to know the exact steps so if the majority of the owners wish to pursue this we don't get ignored for not following one particular procedure correctly. We currently have a rogue board president specifically, and it is unclear if these other... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 29, 2023

I will assume you are asking about removing board members for your Home Owner's Association "HOA."

Each HOA has it's own by-laws and rules. This usually includes the rules/process on adding and removing board members. To properly advise anyone, a lawyer would need a copy...
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1 Answer | Asked in Consumer Law, Lemon Law and Libel & Slander for Texas on
Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?

Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.

I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car,... Read more »

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

Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.

Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have...
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2 Answers | Asked in Criminal Law, Domestic Violence and Libel & Slander for Texas on
Q: My fiancé has been convicted of several felonies in Texas because the “victim” lied what can we do? If anything?

she put her 6 mo old child in his vehicle demanded he take her home and when he would not comply with her wishes she physically attacked him, he fought her back and then she threatened to call the police. Forgetting the child was in his car he left to de-escalate the situation she then called the... Read more »

John Michael Frick
John Michael Frick
answered on Jan 6, 2023

You should retain an experienced criminal defense lawyer to file a post-conviction writ of habeas corpus based on his actual innocence. During that proceeding, your fiance will have the burden to prove his actual innocence. He must present newly discovered evidence that establishes his innocence... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence and Libel & Slander for Texas on
Q: My fiancé has been convicted of several felonies in Texas because the “victim” lied what can we do? If anything?

she put her 6 mo old child in his vehicle demanded he take her home and when he would not comply with her wishes she physically attacked him, he fought her back and then she threatened to call the police. Forgetting the child was in his car he left to de-escalate the situation she then called the... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 6, 2023

There are not enough facts to answer your question. Did he go to trial or plea guilty .

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1 Answer | Asked in Criminal Law, Family Law and Libel & Slander for Texas on
Q: Is this situation slandered, defamation, something else? Is there something we can do about this?

My sister-in-law, who does have some mental issues, but is competent I guess, did the following this week.

She called my wife's employer and made outlandish claims that she was using their corporate resources to hack her businesses and her business computers.

She has no... Read more »

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

Have a lawyer send your sister in law a letter warning her to cease her behavior,

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Libel & Slander for Texas on
Q: Recover paid fees from Law Firm in Tx not communicating , filing motion, adhering to court process .Appoint new attorney

I paid over $14k ($7k attorneys hours $2k paralegal plus $5k internal reviews admin fee ) for a specific performance case filed in Jul 2021. Now the Law Firm want me to file motion of summary & no evidence judgment as Pro Se in realestate deal

I am plaintiff and buyer filed petition... Read more »

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

If you’ve only paid $14K atty fees in that type of case after 15 months of litigation, your current law firm is doing a bang up job in keeping your litigation costs low.

If they are recommending you file a no evidence motion for summary judgment, the timing seems about right as the...
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1 Answer | Asked in Criminal Law, Federal Crimes and Libel & Slander for Texas on
Q: I am about to get charged for making a false statement about the police watching my house due to drugs? what kind of cri

me is this. I went to the national night out on September 20th and the police chief said to the police officer "her,its her".." investigation, tailed" the other police officer said "why?" and he replied "drugs". I took this personally as i have never even... Read more »

John Michael Frick
John Michael Frick
answered on Nov 6, 2022

It seems unlikely you would be charged for making vague statements at a National Night Out event.

Making a false statement to a police officer that is material to an ongoing criminal investigation is a crime. From your question, it doesn’t sound like anything you said was material to a...
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1 Answer | Asked in Family Law, Criminal Law, Juvenile Law and Libel & Slander for Texas on
Q: Can a father legally keep me, an unrelated adult, from communicating with his kids, even if there is no bad intentions?

A father of 2 boys that Ive known for almost 4 years in person asked me to cease communication with them for no reason in January. I didn't listen and continued communication, until 2 weeks ago when he said he found out about our communication, and harshly told me to cut contacr and "seem... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Oct 5, 2022

If you are not in any way related to these children, and sometimes even if you are related, a parent absolutely has the right to prevent you from communicating with their children. Absent certain circumstances, a PARENT of a child(ren) has a more superior right to their child(ren) than ANYONE else.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Libel & Slander and Wrongful Death for Texas on
Q: My so was wrongfully convicted double jeopardy and also denied when he filed for an appeal.
John Cucci Jr.
John Cucci Jr.
answered on Sep 15, 2022

Not sure what your question is. If you can ask exactly what your issue or question is I will be glad to answer for you. Otherwise please call my law office or another experienced criminal attorney for an appointment. Please have the appeal decision ready for any questions.

Good Luck!

1 Answer | Asked in Libel & Slander, Business Law and Identity Theft for Texas on
Q: I am not sure what type of lawyer would help me with a negligence case that does not involved physical injury.

I am a real estate professional. I just recently discovered that an Appraisal Management Company which also does Broker's Price Opinons, had approved application from someone claiming to be me. The imposter was using my inactive real estate license to illegally perform BPO's. The imposter... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

This particular type of dispute falls into the area of law known as professional liability. If you have a Real Estate Professional Errors & Omissions Insurance Policy, you should report the claim made against you to your insurer, who will most likely provide a defense to you.

Because...
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1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Libel & Slander for Texas on
Q: Where can I get a writ of habeas corpus article 11.09 application form when charge can later be used for an enhancement?

It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...

John Cucci Jr.
John Cucci Jr.
answered on Aug 26, 2022

Habeas Corpus Writ Application forms should be available at the Court of Criminal Appeals website. If not, use the 11.07 app form and review the 11.09 rules to be sure you comply.

Good Luck!

1 Answer | Asked in Criminal Law, Libel & Slander and White Collar Crime for Texas on
Q: What can you do if a prosecutor lies to a judge about you?

Prosecutor has lied several times but criminal attorney said it doesn't have anything to do with statue you were charged with. What can or should you do?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 12, 2022

"Never interrupt your enemy when he is making a mistake." - Napoleon Bonaparte

Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant.

2 Answers | Asked in Criminal Law, Internet Law and Libel & Slander for Texas on
Q: Can I be charged with defamation of character or harassment in this situation?

I got into a social media dispute with an old friends mother. We had a few pretty mild words in Facebook comments and then I blocked her. She then proceeded to text me racial slurs on Snapchat through her daughters Snapchat. I screenshot those texts and later posted them on several social media... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 5, 2022

Truth is a defense. She could hire a lawyer and sue you. You could win if you can prove everything said was true

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1 Answer | Asked in Federal Crimes, Libel & Slander and Personal Injury for Texas on
Q: WHY ARE MOST ATTORNEYS AFRAID OF 1983 FEDERAL CASES AGAINST MUNICIPALATIES IS IT THE RETRIBUTION OR DAUNTING CHALLENGE

i have had two successful cases filed pro se where they were accused of assault illegal detainment 1st and 4th amendment violations and conspiracy on one and running me off the road on the other. In both cases they settled, i know this and what im up against and if someone took the time i could... Read more »

Leroy Scott
Leroy Scott
answered on Apr 1, 2022

Probably neither of the above. The more likely reason is that the 1983 suit against the municipality pretty much requires that the plaintiff proves that the municipality had an actual policy to violate the constitution. E.g., if a person is beaten up by the cops, to prove a 1983 case against the... Read more »

2 Answers | Asked in Copyright, Criminal Law, Divorce and Libel & Slander for Texas on
Q: What repercussions could happen if I expose a cheater using her full name on a website? (I.e. shesahomewrecker.com)

My husband had an affair. He admitted it and I have photographic proof, texts, and messages. I also want to put pictures she sent to him on there. It is her face only, no nudity. (So, not revenge porn)

I have not contacted or even met her. (So, there isn’t harassment)

Since she... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 22, 2022

Meeting her is not an element of the offense of Harassment. The affair is not a matter of public concern and it is "reasonably likely to cause emotional distress, abuse, or torment to another person" which could be the homewrecker herself or members of her family. Texas Penal Code... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Libel & Slander for Texas on
Q: My youngest daughter's paternal grandparents basically kidnapped her, bribed me into signing rule 11, nothing finalized

I have been bullied into this arrangement and I'm still actively custodial parent. They had money for an attorney and the father signed a waiver.

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

Retain a lawyer. You may be able to revoke the Rule 11 agreement,

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Libel & Slander for Texas on
Q: How can I counter petition my custodial rights

The grandparents basically stole my child on hearsay.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 1, 2022

Hire a family law attorney who has an office in the county where the case was filed, if no case was filed then the county where the kids currently live.

1 Answer | Asked in Libel & Slander, Criminal Law and Civil Rights for Texas on
Q: What if the investating officer tells the victim to do something for instance in my case my ex filed a report and put a

Criminal trespassing on me the officer told her that if she was in fear of me retaliating against her he said if she was that he could get a warrant for something she had said I did months before she made the report the officer thst issued a warrant and told her that when they come to our residence... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 16, 2022

It is likely that none of that will matter if your criminal defense attorney is basically a plea broker. Hire the best criminal defense trial attorney who is based in the same county where the case is pending. The prosecutor will probably start from a position of believing that the officer's... Read more »

1 Answer | Asked in Libel & Slander and Personal Injury for Texas on
Q: What does the Continuing Tort Doctrine apply to and how can it be used successfully?
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2022

A Texas attorney could advise best, but your question remains open for five weeks. As a GENERAL matter, the continuing tort doctrine arises when wrongful acts continue to inflict damages until they cease. But you must consult with a Texas attorney on this because different jurisdictions could rely... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Libel & Slander for Texas on
Q: Slander and Defamation

I'm having an issue of where a place that I used to live at, and apartment complex including the management have been spreading lies about me being bipolar, crazy and dangerous. I am bipolar and the lies have spread out the my current place that I have recently moved to and to my neighbors... Read more »

Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

It's unclear why you are worried about eviction, or exactly what's happening. You get evicted for not complying with the lease, not because people are spreading lies about you.

If the lies are believed and you can prove damages, you might have a case, but filing a suit is not...
Read more »

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