Lawyers, Answer Questions  & Get Points Log In
Texas Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights, Education Law and Juvenile Law for Texas on
Q: Is Texas a one party consent law for recorded phone conversations? Is this admissible in court?

I need a lawyer for juvenile son with disability. He has been the victim of malicious prosecution

No summons to appear

Detained 17 days proper protocol not followed for suicide watch

Denied medication

“Sentenced” without lawyer

Received “deferred... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 10, 2020

For the purposes of adult criminal law, introducing the recordings will require a witness who is acquainted with the voice of the speakers and can identify them. The witness should be able to establish who made the recording, how it was made, that it is a fair and accurate representation of what... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: arrested with DWI 3rd but brought evidence that DWI 2nd was dismissed DWI 3rd dismissed

resisting charge was from same arrest and going to jury trail no option was given for speedy trial excessive force of officer and never shown warrant for blood and only pulled my own arm away could it get dismissed and I could ask permission to sue

Robert Sterling Guest
Robert Sterling Guest answered on Feb 3, 2020

If you are set for a jury trial you need to have a criminal defense lawyer representing you. Could you get the resisting dismissed? You need a lawyer to see how likely that is. Most prosecutors are reluctant to dismiss resisting cases, but I'm not sure which court this is in. Can you ask for... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: arrested with DWI 3rd but brought evidence that DWI 2nd was dismissed DWI 3rd dismissed

resisting charge was from same arrest and going to jury trail no option was given for speedy trial excessive force of officer and never shown warrant for blood and only pulled my own arm away could it get dismissed and I could ask permission to sue

Grant St Julian III
Grant St Julian III answered on Feb 3, 2020

You need to sit down with your lawyer; you have stated several separate issues that need individual attention. Good luck.

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I need advice

My feoncé just got into trouble for burglary of a habit and I was not involved when I found out the stuff was stolen the cops were already notified that the stuff is stolen and he put it at a mutual friend house the detective wants me to get it to him would I get into trouble

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 31, 2020

The best way to minimize the chances that you will get into trouble is to hire a local criminal defense attorney to manage and handle your communications with law enforcement.

View More Answers

3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: Can I refuse a search of my backpack if someone calls the police on me because they thought I was suspicious?

I was walking with a friend late at night and someone saw me and him and called the cops and they stopped me and questioned me about my bag and wanted to search it and it was 1 am and I told them no and they said usually people let us look if they aren’t hiding something but I wasn’t but I just... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 24, 2020

You have the right to refuse a request to search anytime, anywhere. After any such refusal, law enforcement would have to make the determination if circumstances justified a warrant less search, or if enough evidence existed to obtain a warrant for said search.

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Environmental for Texas on
Q: my daughter is 13 and has 20 hours of community service she only did 10 because she ran out of space on the sheet whats
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

Please complete your question. Your daughter can make copies or ask for another sheet.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Federal Crimes for Texas on
Q: Looking to get a public defender or lawyer not sure what to do next?

Possession of ampthetampine and a firearm . Pistol was legal and in my vehicle passenger was arrested with the drugs also never told them they could search to begin with . They ran my pistol an when it came back clean he said I’ll go put this back for you and proceeded to search car then persons.

Grant St Julian III
Grant St Julian III answered on Jan 18, 2020

If you cannot afford an attorney, you can request the Court appoint an attorney to represent you. If you believe you can retain a lawyer, start calling attorneys in your area. Good luck.

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Who was Mr Joseph Beans attorney in this case?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

1. Figure out which county the case was filed in.

2. Figure out which Clerk's office has the record.

3. Contact the Clerk's office and ask to examine the physical file.

4. Find a motion or other document filed by Mr. Joseph or his attorney.

5. Find the signature...
Read more »

View More Answers

2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Texas on
Q: Can you be put under arrest for no insurance in a regular traffic stop?

I got stopped cop says he smells marijuana and I deny and deny he ask to search vehicle I don’t give consent, he then comes and tells me I have no insurance on vehicle then says I don’t care about the insurance man just tell me how much bud you have in here.. I say there’s no bud I don’t... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, you can be arrested for no insurance on a traffic stop. I don't know the totality of the state's evidence, but if you don't trust your attorney, go hire another one. Good luck.

View More Answers

1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: Can my sons step mom get into trouble for putting her name on my sons obituary and death certificate?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

It may be too late to change the obituary; however, if you feel the death certificate was done in error then you may seek to have it amended. Contact the department of vital statistics to find out what the proper procedure is.

2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can a minors information be mad public by the police station, in Texas?

Does a police station have to release Information on a minor to a legal guardian?

Grant St Julian III
Grant St Julian III answered on Jan 10, 2020

It depends on the information. Is the minor charged with delinquent conduct? Is an investigation pending?

View More Answers

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: What kind of Attorney handles Doctor to Patient Privacy violation?
Tim Akpinar
Tim Akpinar answered on Jan 10, 2020

An attorney who deals with health care law, preferably familiar with HIPAA (the Health Insurance Portability and Accountability Act), which address disclosure and other issues with patient information. Good luck

Tim Akpinar

2 Answers | Asked in Civil Rights and Constitutional Law for Texas on
Q: To report an officer that signed an illegal warrant to come into my house who would I report him to?

He was an officer from another county he signed a warrant for the county that I reside. There was no file date no state seal no judge's or magistrate signature on the paperwork.

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 5, 2020

Consider contacting the Department of a Justice which is a federal agency. Good luck.

View More Answers

1 Answer | Asked in Criminal Law, Immigration Law, Civil Litigation and Civil Rights for Texas on
Q: Can a judge ban you from Facebook

I had someone harass me on Facebook and the blame was on me for their harassment the judge ordered me to stay off Facebook for 2 years how can this be ? Isn't this violating my rights?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 2, 2020

Consider this hypothetical situation:

Joe had a right to walk around free until he got in a bar fight, was convicted of Assault, and sentenced to jail. A judge decided NOT to lock Joe up and instead put him on community supervision probation with a condition that Joe stays out of all bars...
Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Small Claims for Texas on
Q: Can you bring a defendant's service dog into the courtroom during his hearing?
Roy Lee Warren
Roy Lee Warren answered on Dec 30, 2019

I believe so (my wife said yes) but it must be a certified service dog that has current registration and training. If the dog poses a threat for some reason I am sure it would be excluded. You should be able to ask the court you plan to attend.

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Municipal Law for Texas on
Q: Old friend picks me up to move me to his home. Abandons me the next morning at a hotel. Can I do anything about it?
Tim Akpinar
Tim Akpinar answered on Dec 29, 2019

I'm sorry this happened to you. Unfortunately, based on the brief facts, there doesn't really seem to be anything there in terms of a legal cause of action. Good luck

Tim Akpinar

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: I wanna sign my rights over on my daughter. Does there gotta be someone to take my spot for me todo so?
Sharita Blacknall
Sharita Blacknall answered on Dec 27, 2019

Generally in most cases a person will not be allowed to terminate their rights unless another person is taking their spot.

However, if CPS has an open case, a voluntary relinquishment is allowed in most cases without another person stepping in.

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Is and indictment from grand jury sufficient to cause the accused to be picked up an held on $100.000 bond

I never realized that it was a duty of the grand jury to set bond amounts on a person that hasn't even been given the opportunity to refute the charges or present any evidence in their defense. What happened to the 5th, 6th and 8th amendments, and due process

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 26, 2019

Yes

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: I was robbed round sept 2017 I still haven’t heard a single clue...how long do cases stay open till I get justice
Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 22, 2019

If the suspect hasn't been charged with a crime yet, it is probably not going to happen. Contact the law enforcement agency that investigated the incident for an update.

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: I was stopped for a headlight, get arressted for no drivers liscene, thet are releasing the truck to my dad who is not

Present, i refused consent to search i go to jail, cops wait on my dad when he gets there tell him they believe there is narcotics in the truck if he gets in the truck he can be charged can they search dad said yes ,the get between the seats in a sunglass case closed find meth and charged me is... Read more »

Roy Lee Warren
Roy Lee Warren answered on Dec 12, 2019

I'm sorry for your troubles. Be sure to explain the reason the police stopped you in the first place to your lawyer, that may be the best place to start. Once a person is arrested the police can have your vehicle towed and perform an inventory search but that does not mean they met the requirements... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.