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Texas Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: How long can law enforcement have you under surveillance?

No charges against me

John Cucci Jr.
John Cucci Jr. PRO label
answered on Mar 16, 2023

There is no legal limit on surveillance of a target. The police usually give-up after 30 + days. But, that does not mean an investigation is over. If you are not doing anything illegal, you have little to worry about.

If you are living a criminal life, or working on criminal activities, it...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: Can a court appointed attorney sign for me a motion to substitute attorney of record for the defendant without consent?

Never met with court appointed attorney

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

Yes.

Once a substitute attorney is either hired or appointed, the attorney can sign pleadings on your behalf.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: How can I hold my attorney accountable for failing to act ethical?

due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... Read more »

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

It sounds to me like he is using the threat of a motion to dismiss (which will not necessarily be granted) as leverage in plea bargain negotiations.

If he files the motion to dismiss and ultimately prevails, you win.

If he files the motion to dismiss and loses, you lose that...
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1 Answer | Asked in Divorce, Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What happens if I am suffering of remote neural monitoring/V2K and know who is behind it, what can I legally do?

They are my ex-brother/mother/father in law, legal counsel and potentially a law enforcement agency. This began 4 months after my ex-husband filed for divorce, and has been taking place for 1 year and 7 months (roughly, to my knowledge). Who can help me stop them?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

Remote neural monitoring and V2K are not recognized by mainstream science as valid technologies, and there is no evidence that they actually exist or can be used to control or monitor individuals. Therefore, it is unlikely that you are experiencing these phenomena. If you are experiencing symptoms... Read more »

1 Answer | Asked in Education Law and Civil Rights for Texas on
Q: can your school search your unattended backpack

i left my backpack in the bathroom an admin found it and searched it i was told there was no probabale cause other then a random bag in the bathroom

John Michael Frick
John Michael Frick
answered on Mar 1, 2023

It depends on whether the search was reasonable under the circumstances. I can think of several reasons why it might have been reasonable, including:

1) to determine the ownership of the backpack so it could be returned

2) to determine if a bomb or other dangerous device was inside...
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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Texas on
Q: How can i fight false allegations from cps

Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that... Read more »

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

Any time CPS initiates an investigation of you or your spouse, I strongly recommend you and your spouse retaining separate attorneys to represent each of you.

When choosing as attorney, you need to focus on family law attorneys in or near your county with prior recent experience handling...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Can a cell phone be seized if it does not belong to a person whom was arrested or related to arrest
John Cucci Jr.
John Cucci Jr. PRO label
answered on Feb 24, 2023

Any item has the potential of getting seized. The circumstances and facts surrounding the seizure matter. If it was part of an arrest or part of an inventory are very different facts but, each can result in a seizure. What's more, is that the contents of the cell phone have a lot of... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Civil Rights for Texas on
Q: My Brother encouraged me and my wife to join into his phone contract with Verizon, along with 4 others.

In order to reduce cell phone charges by having 5 or more devices on one bill. 20 months later we find out that he has been monitoring all of our calls, text messages, and tracking our daily movements. Is this legal? Is he responsible for our reasonable expectation of privacy that has been... Read more »

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

It depends.

A cell phone account holder commonly has access to information concerning the usage of the cell phones on that account. That enables the account holder to monitor each device’s usage for unauthorized activity.

Smart devices can share their location with others...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: A head injured friend was given 9 days to vacate a recovery facility no clear cause was given. Other than having potatoe

He is bipolar and head injured and also has issues with memory, verbalizing, motor skills and mobility. He simply is physically unable to vacate in so little time. Is this permissible given his disabilities?

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

Your best recourse is to report the facility to APS (Adult Protective Services) on your friend’s behalf.

You may also want to consider seeking to be appointed as the guardian of your friend’s person until he/she has recovered enough to take care of themself.

2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for Texas on
Q: Can a business such as a gym or bar tell my wife that our infant(1month) is not allowed? Consider Chapter 165 H&S code..

We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.

John Michael Frick
John Michael Frick
answered on Feb 17, 2023

That’s a very interesting question. You may have to file a lawsuit to find out. A jury probably won’t have any sympathy for a mother who wants to bring a breastfeeding infant to a bar, but it’s probably a question of law for the court to decide.

The breastfeeding statute you cite...
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1 Answer | Asked in Libel & Slander, Employment Law, Workers' Compensation and Civil Rights for Texas on
Q: Do you believe under any section on any category are black people seen as equally equal or separateed equally equal?

Honestly honest opinion

John Michael Frick
John Michael Frick
answered on Feb 13, 2023

Article 1, section 3a of the Texas Constitution provides: “ Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.”

In my professional experience, I have rarely seen individuals treated...
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1 Answer | Asked in Civil Rights for Texas on
Q: I need to find a lawyer for Police harassment . Please help me f I’m very scared for my safety my zip is 76450

In 90 days I’ve been pulled over 20 times not once given a ticket, a warning that once they found any drugs on me, but they’ve searched my car. Every time they harassed me and my friends anybody leaving my house gets pulled over and searched. I have no drug charges. I’m not a drug dealer, in... Read more »

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

F Lee Merritt is the go-to lawyer for police harassment cases in Texas.

He is a former candidate for Texas Atty General.

1 Answer | Asked in Civil Rights for Texas on
Q: Eavesdropping spying and illegal servelience and telling neighbors and church’s following me

I believe they have molded this situation to come as far as it has come which is gonna eventually hurt my

Brother -he’s the owner of the house and his daughter is the one doing the illegal serveliencc -they used to work as security guards- so they moved into my brothers house in texas... Read more »

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

I’m unsure of the nature of your legal question.

Since you posted this question under civil rights, a key factor is which of the individuals involved is a government employee and of which agency or department.

Another important factor is what are they using the information they...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can the police use the smell of marauana line to remove and secure a room for search warrant after being told no

I was in a room in my name in Gainesville texas , police showed up said they received a welfare concern call on a female in my room, she came to the door and told them she was fine , the police officer asked to come in and look around and was told no several times. Then looks at his partner and... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Feb 3, 2023

The police could get a search warrant based on the facts you presented . Retain a lawyer .

1 Answer | Asked in Civil Rights for Texas on
Q: Is it illegal in texas for a minor (16) to lift up shirt and show bra without trying to arouse anyone.
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

No. Texas is a “free the nipple” state. Bra or no bra, it is not illegal.

1 Answer | Asked in Constitutional Law and Civil Rights for Texas on
Q: In Dallas, TX can the police come inside of my hotel room without a warrant, if their probable cause is ..

My boyfriend who stays with me in this hotel room every day came back last night in a truck I’d never seen before, I figured it was his friends truck. The next evening he was leaving the parking lot of this hotel in the truck and the cops tried to stop him because apparently the truck was stolen.... Read more »

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

If you are a registered guest and of the hotel and hotel staff has not taken any steps to terminate your occupancy, police generally have to secure a search warrant to enter and search your room unless there are exigent circumstances which would justify a warrant less search.

A boyfriend...
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1 Answer | Asked in Civil Rights and Military Law for Texas on
Q: Drafting Laws in Texas

In Texas . If your child lives within the parents household and doesn't have a stable income they can get drafted for 1 to 2 years. Is this true?

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

The United States armed forces currently are not drafting anyone. It has been an all volunteer force for more than 40 years. It is unlikely to change in the foreseeable future

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Personal Injury for Texas on
Q: Denied access to my home for medical by police in Texas. Which of my rights have been violated. Lost rt ft. To infection

Left home in fear for my life. Wife very abusive. I needed to get into home for wound care on my amputations of my toes. No orders on me at that time. Police told me to leave, I has to live in jeep, infection set in on rt ft. Lack of wound care. Lost limb was outcome from wife lying to police. My... Read more »

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

If your wife’s assault proximately caused the injury to your foot that resulted in the infection, you may be able to sue her for battery and recover your past and future medical expenses as well as any past and future lost earning capacity.

1 Answer | Asked in Civil Rights for Texas on
Q: What can I do about the fact that my county has no law library in the Hood county jail or online.This is not acceptable.
John Michael Frick
John Michael Frick
answered on Jan 21, 2023

Jails are not required to have law libraries. But prisoners must have reasonable access to legal materials.

If you do not have reasonable access to legal materials, you can file a lawsuit. Some non-profit organizations who promote prisoner’s rights may be willing to help fund such...
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: I got charged with burglary of habitation with intent to harm but the police report says something that didn't happen

I caught the guy i been dating cheating went to the house he open the door and let me in and the girl assaulted me and the police report told a complete lie and stated things that never happen so they could charge me with burglary of habitation with intent to harm I went to the hospital for a... Read more »

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

You should hire a criminal defense attorney to prove what actually happened to secure a not guilty verdict or, better yet, a dismissal.

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