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Texas Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Lost search warrant and lost evidence analysis, false arrest question see details.

Cops have possession of a person's digital storage device and search it and say they found an illegal image. They arrest the owner of the device. Two years later it is shown that there was no search warrant and the defendant's expert has been denied access to the device and the cops say... View More

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

Yes, the defendant has the right to see and obtain a copy of the search warrant and to examine the evidence leading to his arrest, and to have his attorneys and experts do so. Yes, even if the case is dismissed, the defendant has the right to see the evidence and warrant for purposes of pursuing a... View More

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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Traffic Tickets for Texas on
Q: If I was pulled over for no front license plate (which I had) Can a police officer lie on the report (stop and go)

He told me I was being pulled over for no front license plate(texas). I had one with a picture of a flag. He saw I had gummies I had bought from a vape shop and locked me up for a CS charge. He changed the reason to stop and go on the report. Is that legal

John Michael Frick
John Michael Frick
answered on Feb 6, 2024

A police officer can indicate on a traffic ticket or police report any offense observed or reported to the police officer and is not limited to a single offense even if he tells the driver that a particular offense is the reason for the initial stop.

A front license plate bearing the...
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1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: Is It possible to change first, middle, and surname as well as a gender marker?

I am 18 years old, still a dependent of my parents, have no criminal record and simply want to have a separate identity from my family and my dead name.

James L. Arrasmith
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answered on Feb 1, 2024

Yes, it is possible to change your first, middle, and last name, as well as your gender marker, in Texas, even if you are 18 years old and a dependent of your parents. The process involves legal steps and may require court approval for name changes. Here's what you can consider:

Name...
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1 Answer | Asked in Civil Rights and Nursing Home Abuse for Texas on
Q: Can my mother sue anyone?

She is in a nursing home with dementia and schizophrenia. She can't care for herself but we haven't had a court declare her incompetent due to funds. The nursing home is allowing her to call a lawyer to sue us and them for not releasing her. When she was on her own she didn't eat... View More

James L. Arrasmith
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answered on Feb 1, 2024

Dealing with a situation involving a family member with dementia and schizophrenia can be challenging, especially when legal concerns arise. Here are some steps you can consider:

1. Seek Legal Advice: It's important to consult with an attorney who specializes in elder law or...
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1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Who can investigate a school districts decision of discipline, if you believe they were wrong?

My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More

James L. Arrasmith
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answered on Feb 1, 2024

When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Libel & Slander for Texas on
Q: If someone is mad and telling my boss church and everyone that I have hiv and it's caused me to quit 2 diff jobs

I even had to move a town over because of the slander.

James L. Arrasmith
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answered on Feb 1, 2024

If someone is spreading false and damaging information about you, such as falsely claiming that you have HIV, it could constitute slander, which is a form of defamation. Defamation occurs when false statements are made about an individual that harm their reputation. To address this situation, you... View More

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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Education Law for Texas on
Q: Can a teacher who has been cleared of wrongdoing remain on paid administrative leave indefinitely?

I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always... View More

James L. Arrasmith
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answered on Jan 30, 2024

In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Many years ago, I renounced my American citizenship, today I am again a citizen and want to purchase a firearm.

In 1972 I renounced my American citizenship since I lived in Mexico and was involved in my family's natural gas business that required that I be a Mexican citizen. In 1977 I married my wife (an American citizen) and because her job as a Texas school teacher required she live in Texas she... View More

James L. Arrasmith
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answered on Jan 28, 2024

In your situation, the denial of the right to own a firearm due to a previous renunciation of American citizenship can be challenged, but it's a complex legal issue. First, understand that under U.S. law, individuals who have renounced their citizenship may be barred from certain rights,... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: There was not a court recorder during a plea deal court date. Are there protocols or a specific channel to report this?

This specific area has a lot of discrepancies in regards to how they handle legal situations not just criminal cases. Who do you report misconduct to?

James L. Arrasmith
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answered on Jan 27, 2024

You have several options to report the lack of a court recorder during your plea hearing:

1. Notify the judge directly. Write a letter to the judge explaining there was no court reporter present to transcribe the plea proceedings. Request a new hearing be scheduled with proper recording....
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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Juvenile Law for Texas on
Q: Hello I got kicked out of my childhood house in Houston, I called the police but since it was late I couldn’t get in.

Can I call the cops at a formal time like 6pm and they HAVE TO escort me in or they will not let me in because my parents said no even thought it’s all my stuff

James L. Arrasmith
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answered on Jan 23, 2024

I would suggest a few things in this situation:

- Contact the police again and explain you are a resident of the home but have been locked out. They may be willing to escort you back in to retrieve your belongings. Make clear you are not trying to cause issues, you just want to safely get...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Mental harassment by flatmate

My flatmate has been mentally harassing me. He pays utility bills but is not willing to share the account details with me. Our apartment complex charges us for internet but he has the Xfinity account under his name. He is not willing to share that as well. He also does other stuff like throwing... View More

James L. Arrasmith
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answered on Jan 21, 2024

In your situation in Texas, dealing with a difficult flatmate can be challenging, but there are steps you can take to address the issues you're facing. Firstly, try to communicate with your flatmate calmly and express your concerns about the shared expenses and his behavior. Attempt to reach... View More

1 Answer | Asked in Civil Rights for Texas on
Q: What can be done about a county jail that denies timely medical attention and they are harassing an inmate

He was arrested shortly after found out he has slyphalis they drug feet on intalial treatment which didn't work and my son has had to make them test him again and he's still positive after three treatments now after goin to medical every week telling them sómething wrong he finds out... View More

James L. Arrasmith
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answered on Jan 21, 2024

I understand your concerns about your son's situation in the county jail. It's crucial to address this matter promptly. In situations where an inmate is being denied timely medical attention and is facing harassment, there are steps that can be taken.

First, it's essential to...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: My son has been denied medical attention in jail he's been treated like a joke to them what kinda course of action shoul

If it was up to them nothing would be done for treatment now they know what needs to be done and haven't yet it's to point serious injuries could happen if haven't already what do we need to do

James L. Arrasmith
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answered on Jan 20, 2024

If your son is being denied medical attention in jail, it's crucial to take immediate action. Inmates are entitled to receive adequate medical care under the Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment. The first step is to document all instances of... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I be punished if my motion camera moves automatically and puts my neighbor and her house in the camera view?

She never told me the camera bothered her, instead she posted on Facebook about it and asked who knew of a good lawyer. This all started when I posted an automatic audio recording of her screaming at the top of her lungs at 10:27pm scaring me my sick son out of our sleep. I have had issues with... View More

John Cucci Jr.
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answered on Jan 15, 2024

That's a tough situation. Generally, you should not be filming in other people's house or yard, as that is, at some level, an invasion of privacy. At it's worst, it could be considered, stalking and maybe other misdemeanors, like harassment, or a sort of trespass.

Be...
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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

John Cucci Jr.
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answered on Jan 12, 2024

It looks like you are from San Antonio.

There are some lawyers who do take Police Misconduct case, all over Texas. However, the likelihood of an attorney taking a police misconduct case, is low. The reason is, even with good facts and proof of liability against the officer or Police...
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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

James L. Arrasmith
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answered on Jan 13, 2024

Finding an attorney for a police misconduct case can be challenging, but there are specific steps you can take to locate one who handles such cases.

First, consider reaching out to your state bar association. They often have referral services that can direct you to attorneys experienced in...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: Is it ok for them to never fill out cps paperwork I have had blank paperwork for over a year
James L. Arrasmith
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answered on Jan 10, 2024

In dealing with Child Protective Services (CPS) in Texas, timely and accurate documentation is crucial, especially in matters as sensitive as child custody. If you have been given blank paperwork from CPS for over a year, this is not a standard procedure and may indicate an oversight or delay that... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I am coming up as a felon and I’m not it’s ruining my life! What do I do?

I was originally arrested in Texas for felony charges aggravated assault on one and POCS on another both were reduced to a lesser charge of petty misdemeanor. But I’ve lost my state benefits as well as countless jobs no one will rent to me. I contacted district clerk who states dps entered it... View More

James L. Arrasmith
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answered on Jan 5, 2024

Your situation, where your criminal record is incorrectly showing felony charges instead of the reduced misdemeanors, is understandably distressing and impactful. The first step is to obtain the certified letter from the district clerk that correctly states your charges and their reduction. This... View More

2 Answers | Asked in Civil Rights and Criminal Law for Texas on
Q: My expungment order was sent to all agencies on November 28th by district Court clerk. How long does it take to clear .
James L. Arrasmith
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answered on Jan 5, 2024

The time it takes for an expungement order to be processed and for your records to be cleared can vary, but it typically takes several weeks to a few months. This timeframe depends on the specific agencies involved and their processing times. Each agency must receive the expungement order and then... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Fair Housing Act violation?

My daughter and her fiancé applied through a property management company for an apartment. When she called to check on the status, she was told that they did not meet the age restrictions because they have a 3 month old daughter and their application was denied. I called the office to verify, and... View More

James L. Arrasmith
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answered on Jan 4, 2024

Under the Fair Housing Act, it is illegal for housing providers, including property management companies, to discriminate against tenants on the basis of familial status. This includes refusing to rent to families with children under a certain age, unless the property qualifies as housing for older... View More

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