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Texas Municipal Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Municipal Law for Texas on
Q: Hello, my question is” what are the limitations in Douglassville, Tx, relating to discharging a firearm in city limits”?

34 acres of wooded land, city population of less than 300, county population less than 500k, and I have been unsuccessful at finding the city ordinance.

T. Augustus Claus
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answered on Aug 16, 2023

In Texas, the regulations regarding discharging firearms within city limits can vary depending on local ordinances and specific circumstances. However, in more rural areas like Douglassville, there might be less restrictive regulations due to the larger land size and lower population density.... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: On unrestricted rural property in Montgomery County, Tx. Is there a limit to how many pets you may have?
T. Augustus Claus
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answered on Aug 16, 2023

In rural areas of Montgomery County, Texas, where property might be unrestricted, there usually isn't a fixed limit on the number of pets you can have. However, it's crucial to consider some practical aspects.

While local regulations might not impose strict pet counts, it's...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: Does the government get you a place if your emancipated in texas
T. Augustus Claus
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answered on Aug 3, 2023

Texas, emancipation is the legal process of becoming independent from one's parents or guardians before reaching the age of majority. When a minor is emancipated, they are considered a legal adult and responsible for their own welfare, including finding housing.

The government does not...
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1 Answer | Asked in Criminal Law, Health Care Law and Municipal Law for Texas on
Q: If you are medically and pharmaceutically not in your right mind can you be charged with the crime if you didn't know it

I was prescribed meds that would be much greater than the side effects of . I was charged with the crime that I have no knowledge of even happening. Am I still able to be charged if the doctor has submitted written statements stating as much? Drugs that are much stronger than the side effects of... View More

John Cucci Jr.
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answered on Jul 28, 2023

In Texas, there is an affirmative defense available for mental defects. However, a doctor's note is not enough to keep you from being prosecuted. You can still be charged with a crime, regardless of your medicine or prescription and it's side effects.

It can be a defense at trial,...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Texas on
Q: I was coerced by a judge into taking a plea on a charge.

I was arrested and had to post over $720 in bonds to get out jail for 2 no registration tickets and a disorderly conduct ticket. One no registration ticket I was guilty of. The other was dismissed. The disorderly conduct ticket was issued to me by a police officer that was not at the scene when... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

The "mediation" with the prosecutor is not a trial, you are not entitled to confront your accuser, therefore your rights were not violated. You were entitled to be represented by Counsel at that proceeding, did you have a PD? Private attorney? Why not? You need to speak with a criminal... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: How can a municipal court use "the State of" as plaintiff?

A cop writes the complaint, but sworn to by a clerk, then cop (the complainant) is nowhere to be heard from again & you find yourself sparring w/judge only, at what should have been a jury trial, prosecutor says nothing. Through all our objections & asking where the plaintiff was, the judge... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

The violation is most likely a violation of a traffic law of the State of Texas. Therefore, it is correctly the State of Texas v you as the alleged violator.

The traffic officer who wrote the citation isn’t required to appear at pretrial proceedings. That would divert officers from...
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1 Answer | Asked in Real Estate Law and Municipal Law for Texas on
Q: I am interested in buying a home that didn’t have permits taken out for reservations. What are the implications to me?

I am interested in buying a home that the seller disclosed that permits were not taken out for renovations. What are the implications of this to me as the buyer? Any legal action, penalty fees, issues selling the home in the future, etc. thank you!

John Cucci Jr.
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answered on Apr 17, 2023

If you buy a house and it does not have all the permits or lacks other necessary documents that were required for building or the like, you can apply to the City or County to have the permits done, Nunc Pro Tunc ( Now for Then ).

Sometimes it is a tough road and very expensive. Sometimes...
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1 Answer | Asked in Municipal Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Can I sue my ex boyfriend/fiance for money spent on vehicles.

In April of 2020 I bought 2 preowned vehicles both combined equaling to 12 thousand dollars. When I bought them and I was with my ex and do to insurance reasons and my poor driving record he convinced me to put the cars in his name so it would be cheaper to put insurance on the car. After 3 months... View More

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

Yes, you can.

It will help your case if you have documentary evidence of your factual allegations including documentation that you paid for the cars and any text or SMS messages from your boyfriend contemporary to the time you bought the cars.

Be prepared for threats to report you...
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1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Municipal Law for Texas on
Q: Dilemma: in a rental home that had main sewer clogs and landlord/owner aware for months. Now it's backing up

Into multiple different homes. This is also in a MUD district. Tenant law says 3 days to fix. Who's responsible?

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

“Into multiple different homes” sounds like this is a municipal utility problem and not a landlord problem.

The landlord would ordinarily be responsible for the section of plumbing from the dwelling to the main sewer line.

This sounds more like a blockage in a sewer main...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: In Texas, what are the powers of a security guard when hired to do security for a public neighborhood?

Can they tow cars, or ask people not to smoke weed in a public park?

John Michael Frick
John Michael Frick
answered on Dec 2, 2022

Security guards cannot tow vehicles. Only licensed towing companies can lawfully tow vehicles.

Anyone can ask someone not to smoke weed in a public park, including security guards.

1 Answer | Asked in Energy, Oil and Gas, Municipal Law and Real Estate Law for Texas on
Q: How can I find out about noise ordinance in my city?

An oil company is pumping water out of a strip pit that is really close to my house and their pump runs continuously disturbing my sleep all hours of the night.

Aimee Hess
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Aimee Hess
answered on Nov 8, 2022

Depending on where you live, your subdivision, city or county may have a noise ordinance and you can ask that they send someone out to measure the decibels produced by the pump and see if it violates the ordinance. If that does not work, you could ask the oil company if they are using a muffler on... View More

1 Answer | Asked in Energy, Oil and Gas and Municipal Law for Texas on
Q: How can I find out about noise ordinance in my city?

An oil company is pumping water out of a strip pit that is really close to my house and their pump runs continuously disturbing my sleep all hours of the night.

John Michael Frick
John Michael Frick
answered on Nov 8, 2022

Many Texas cities have websites. Often, a city’s code of ordinances is linked on its website. If not, the office of the city secretary maintains a city’s ordinances which are publicly accessible. You can go to that office and ask to see and copy the city’s noise ordinance.

1 Answer | Asked in Traffic Tickets, Cannabis & Marijuana Law and Municipal Law for Texas on
Q: 22 years ago got 2 tickets. I've had a driver's license and ID since then I don't know why now &is it legal?

they're going to issue a warrant for my arrest is that legal after 22 years why haven't they done it before now? Any loopholes?

Grant St Julian III
Grant St Julian III
answered on Nov 21, 2023

The question is whether the complaint (the formal charging instrument) was filed with the court within the 2 year statute of limitations period from the date of alleged offense. Calling a lawyer would help. Good luck.

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Texas on
Q: Courts failed to notify my bondsman and myself of court date, court issued warrant I was arrested what will happen next

I was on probation for DWLI not dwi I failed to complete my probation was arrested bonded out, called court house coordinator when court date came I didn’t get answer so I left voicemail and didn’t appear that day, warrant was issued bondsman made contact with me I told him I called left... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Oct 29, 2023

You should speak with your lawyer about the matter and consult with your attorney about notices regarding court dates. If your failure to appear is due to mistake, especially if not of your own making, you should inform the court of this to prevent any repercussions of a failure to appear.

1 Answer | Asked in Civil Rights, Domestic Violence, Municipal Law and Small Claims for Texas on
Q: Is it illegal for my girl to have our car towed for no reason other than to anger me?

We are joint owners of the car no "and/or" on the title. Just has her name and my name. She has had a gps tracker put on it, and whenever she thinks I am somewhere I shouldn't be, she will have the car towed. What can I do, if anything.

Thanks in andvance

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

You can file a suit for partition by sale. You can then use your share of any proceeds to buy a different car and not put her name on it.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Municipal Law for Texas on
Q: If you find out that you purchase stolen goods that the seller paid for a service to have done what is your rights?

I have recently come to the suspicion that I may have purchased stolen goods on Facebook marketplace through a person I know and have their ID information and where they live.

I didn't inquire about the acquisition of the property until after the purchase was made. I don't want to... View More

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 23, 2022

Make a police report and surrender the stolen goods

2 Answers | Asked in Criminal Law, Municipal Law and Small Claims for Texas on
Q: What kind of crime is it when someone fails to deliver the agreed paid goods and are holding them hostage?

The question above is relating to two people, one is the seller withholding information and the items purchased and the other is the buyer being lied to and cohearce into helping the seller to pay for their bills and will not deliver the paid goods unless paid otherwise. Is this extorsion, can you... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 23, 2022

Law enforcement might refuse to get involved because it is NOT a crime unless there is reason to believe that the seller already had the INTENT to keep the money without delivering the goods AT THE MOMENT the money changed hands. Basically, a scam.

On the other hand, if the seller did...
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2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Municipal Law for Texas on
Q: Q: I am researching info about possibility of expungement and/or cleared convictions.

I was a real piece of work in my youth. Reckless, lonely, hard drinking party animal.

I was convicted of my first DWI March/2009 in Rockwall, TX. I was under the age of 21. I plead guilty and took jail time after originally choosing probation.

In Aug/2013, I was arrested on a DWI at... View More

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 17, 2022

Your only chance would be a pardon but I think it would be very difficult to get pardoned

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1 Answer | Asked in Family Law, Health Care Law and Municipal Law for Texas on
Q: Can I take legal action for mentally ill wife's aunt convincing her gambling and alcohol is ok.

Wife is on 6 mental prescription and release to outpatient home care under my guardianship. Aunt is brainwashing her into gambling and alcohol. And threatening me for trying to stop it.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 15, 2022

You can tell the lady to stay away from your mentally ill relative. If you have guardianship of the person and her money don't give her money to gamble.

2 Answers | Asked in Criminal Law, Domestic Violence, Legal Malpractice and Municipal Law for Texas on
Q: Can the victim can do anything about the lack of victim's rights offered and police & prosecutor not including evidence?

I was the victim of an assault from my ex. He was eventually charged (months after the assault) because I stayed in contact with the police department's Professional Standards Unit. The detective on the case was non responsive until PSU got involved. When the charges were pressed, the charge... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 2, 2021

There doesn't sound like anything else to do in terms of criminal law. However, in civil law you could seek a protective order based on family or dating violence... and perhaps even stalking based on the voicemails. You might be able to sue him for the cost of medical treatment but unless... View More

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