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Texas Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What's the best way to prove police harassment and can I file a lawsuit myself against a game warden for harassment
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Dec 4, 2022

If you can afford to hire an attorney, thats the best way to try and prove it. Expect to pay a retainer - unless you have significant and measurable damages, an attorney won’t take your case for free (on a contingency fee, where they get paid in the end, only if you do…). You absolutely can... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I owned property and had tickets in my real name. I was set up for another crime and they arrested me under my stage nam

I was a property owner in a small County in Texas everyone knew me under my real name. After turning in a cop for sexually molesting me they raided my house and arrested me free charges under my stage name. Even with me fighting it they would not put my real name. They sent me to prison with no... Read more »

Stephen A. Nicholas
Stephen A. Nicholas
answered on Dec 1, 2022

I think you need to explore your situation with a lawyer that practices civil rights law. The criminal aspect of what happened is apparently concluded & I'm assuming you had a lawyer representing you to whom you posed these questions. Your overall question is somewhat confusing because you... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Rights for Texas on
Q: My story is longwinded. My dog in essence was STOLEN with the help of the local police department. What R my rights? TX.

The officer obligated me to hand over the dog. I took the woman who stole my dog to court and they found in my favor. The police bent over backwards FOR HER. She "alleges" she lost it and there is nothing I can do to her allegedly. She moved shortly after the incident which tells me she... Read more »

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

It is not the mayor's job, or that of the city attorney, police department, or state attorney general, to help you enforce your judgment against the women who stole your dog.

It is your attorney's job, or your job if you are unwisely proceeding without an attorney, to file the...
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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Employment Discrimination for Texas on
Q: My criminal history is being used illiegaly to deny me an opportunity for employment to better myself who do it tellntx

I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Civil Rights for Texas on
Q: The Psychiatric Hospital filed abandonment against me because they cannot get a hold of me that’s what they are saying.

My 17 year old son runaway a lot of times and he attempted to poison the whole family. I drop him off in the bus station going to Georgia and he met a Pastor and 2 female in the bus. Since his a professional liar that’s how his been addressed by all the cops in our County he was able to... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 23, 2022

Retain a lawyer, I cant tell from your question if you have a criminal charge or if it is a civil lawsuit,

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Should I seek legal help for ADA violation? Does constructive discharge apply to my situation due to undue stress?

I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be... Read more »

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of... Read more »

1 Answer | Asked in Contracts and Civil Rights for Texas on
Q: My fathers car got repossessed and I have no idea where hes at what Can I do to get my belongings.

They keep telling me I can’t get anything until he calls and tells them I can but I don’t know where he’s at haven’t seen or talked to him for years .

John Michael Frick
John Michael Frick
answered on Nov 21, 2022

If your personal property somehow managed to get inside his repossessed car, it’s past time that you and he have a phone conversation.

It will be far less costly, less unpleasant, and less time-consuming than your legal options.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Texas on
Q: I want to know in Texas, what is the timeframe allotted to hold trial after indictment and what is the code on this?

I feel my attorney has waived my right to fair and speedy trial. I have not consented to this and he has not informed me that he has or not. But being that I’ve been in this case over 2 years, going on 3 I feel that this is the case. I am looking for an answer to this question due to the fact... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 17, 2022

The law does not require a specific number of days or months. You DON'T have a right to a speedy trial until formal charges are filed, which for felonies means a grand jury indictment... but the clock on the statute of limitations does tick, and that does have a specific timeframe defined in... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Texas on
Q: I need help with mold in my apartment. My landlord isn't doing anything & my 1 year old now has a virus due to the mold

The management has been here a week last week it was someone else but I say this because they're saying none of my money orders can be found and I have not paid rent which taxes went really funded me and I have proof which is an approval letter. I think now they're just trying to listen... Read more »

John Michael Frick
John Michael Frick
answered on Nov 16, 2022

There are a number of licensed mold remediation companies that can remediate mold in a dwelling. The procedure to notify a landlord to make necessary repairs is described in detail in Section 92.051-92.062 of the Texas Property Code. It's a few pages of reading, but too long to post here.... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Texas on
Q: Can a scheduling order, requiring ADR pursuant to rule cv-88, be delayed or deterred if a party files a summary judgment

I have a civil case in federal court. A scheduling order has been issued. ADR was mandated. Neither party conferred. Summary judgement was granted in favor of adverse party 6 months after the ADR was supposed to be held. Can the summary judgement be overriden due to failure to comply with the... Read more »

John Michael Frick
John Michael Frick
answered on Nov 5, 2022

It is unlikely the summary judgment will be overridden because the parties failed to participate in ADR.

It might have resulted in postponing a ruling on the motion for summary judgment if it had been properly raised as an issue before the ruling was made. The failure to timely raise the...
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1 Answer | Asked in Civil Rights for Texas on
Q: Is it legal for Sober Living houses to mandate, under threat of expulsion, attendance of AA or NA meetings?

I feel that my first amendment rights have been violated, as I am non-religious, and have been made homeless by program administrators due to my refusal to attend faith-based events

John Michael Frick
John Michael Frick
answered on Nov 4, 2022

The First Amendment protects an individual from government action, not from private parties.

If the program is operated by the government, compelling you to attend faith-based events as a condition of receiving government services is probably a violation of the First Amendment.

AA...
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1 Answer | Asked in Civil Rights and Family Law for Texas on
Q: i need to know what forms to fill out to move my cps case to civil federal lawsuit. im prose and need a case dismissed

i have a cps case and everything has been done around the actual policies and procedues but im not from texas and im prose. so how do i get it dismissed and move to fed court for a civil lawsuit? i just need ghost paperwork

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Oct 8, 2022

No forms . You need to retain a lawyer.

1 Answer | Asked in Civil Rights for Texas on
Q: Help Please. Whats my next step in this lawsuit

HI, im in Texas and I filed a $10g Lawsuit against my Neighbor for harassement, I had her served the Court Papers but she declined to file an answer at all. What are my next Steps?

John Michael Frick
John Michael Frick
answered on Oct 5, 2022

You should make sure the process server has properly filed the return of service and then file a proper motion for default judgment attaching the required evidence that your neighbor is not on active duty in the armed forces of the United States, and the required certificate of last know address.... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Texas on
Q: Can I break my lease without penalty if there was theft in my unit in texas?

maintaince was scheduled to do repairs in my unit between thursday and friday , upon returning my unit some things were missing in my unit , I made a police report and stated to the property manager that I no longer felt safe and violated and I wanted to rescind my contract, the only option I was... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

No, unless your written lease agreement specifically provides that this is a reason you may terminate your lease early. That would be an extraordinarily uncommon provision.

This is why you never allow other people to enter your unit when you are not home. You should always remain...
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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 Child Custody, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can judges and attorneys be held accountable?

Is it possible to pursue legal action on an attorney and judge for misconduct? The judge has already had disciplinary action With the board

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You can sue an attorney, yes. That is called malpractice.

Judges are exempt from suit because of how they ruled on your case. The best you can do is file a complaint with the Texas Judicial Board, but you need serious evidence. Merely ruling against you is insufficient. Your best way to...
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1 Answer | Asked in Family Law, Adoption and Civil Rights for Texas on
Q: cps wrongfully removed my son court of appeals deamed cps overlay used disgresion and lied happiescorpus ignored

happiest corpus was signed by a judge to return my son but it was ignored no one was held in contempt of court the two gay men have him and we are supposed to have him back in our custody but we haven't even seen him in over a year what do i do to make them abide by the happiest corpus?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 25, 2022

You need to retain a lawyer or fet a court appointed lawyer,

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: can Cops search you based of hearsay of stealing something?

At the bar, a couple saw my friends and I hanging around them before their phone was stolen but it was a crowded bar and they assume we stole their phone and told the cops who then asked to search me and my friends and we said no, but is that legal??? We did not take their phone but are they... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 25, 2022

They can ask to search you and if you consent they can search you. If they do not have pc they cant search you without your consent,

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Can i buy a firearm if im being charged with a felony?

Im currently being charged with a felony, i have not been convicted and have a clean record before this. I was told i can still own and possess the firearms i own but “probably” wouldnt get sold a gun. I wanna get other lawyers opinions because mine doesnt seem the know what he talks about

John Cucci Jr.
John Cucci Jr.
answered on Jul 20, 2022

While in a normal situation you can buy or possess a gun if you have not been convicted of a felony, you probably can not posses one now. The reason is that if you are presently only charged with a felony, I would bet that either the court or your bond obligations prevent you from possessing a... Read more »

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