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Texas Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I am on parole in a halfway house. They are locking us in our dorms. Is this legal? I am in Texas.

This halfway house is operated by core civic but over seen by the Texas Department of Criminal Justice and they try to run this place like we are still incarcerated.

Stephen A. Nicholas
Stephen A. Nicholas answered on Aug 29, 2021

If its oversight is by TDCJ-ID, the halfway house operator, more likely than not, has to follow guidelines that TDCJ-ID issues. Are you in the process of being released on Parole from TDCJ-ID? It sounds like you have been released to a transitional type facility. If so, you have to follow their... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Libel & Slander for Texas on
Q: Slander and Defamation

I'm having an issue of where a place that I used to live at, and apartment complex including the management have been spreading lies about me being bipolar, crazy and dangerous. I am bipolar and the lies have spread out the my current place that I have recently moved to and to my neighbors... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 24, 2021

It's unclear why you are worried about eviction, or exactly what's happening. You get evicted for not complying with the lease, not because people are spreading lies about you.

If the lies are believed and you can prove damages, you might have a case, but filing a suit is not...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Texas on
Q: How do I get a case dismissed that I was indicted for in 1998 after finding out the indictment was wrong?

In 1998 I was sentenced to 5yrs probation for failure to register, after pulling the record and the true bill of indictment

I realized that the reportable conviction they used to get the indictment I was never convicted of nor was I ever charged with this crime. After all the years that... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 14, 2021

If anyone can fix the conviction, it will be an expert in criminal appeals, and that will be expensive. However, if you were granted a pardon by the Governor of Texas, then you could file for an expunction of the records. That might be just as good of a result, depending on your goals.... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can an Officer make you get out of your car, search, and question u when your windows are covered and you're asleep
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

An officer can investigate a person sleeping in their car to make sure they are safe and not in medical distress but they shouldn't be searching without consent unless they saw or smelled something during the initial investigation that indicated a crime.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Midland county. Arrest 06-19. Misdmeanor. Dismissed and Bond returned 09-20. ARRESTED on same case 08-21. false arrest?

Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Was pulled over for a traffic violation, asked to step out of the car, asked if he could search the vehicle

the answer was NO He did anyways was arrested unlawfully and was illegally in jail for over a month till someone advocated for me and had all the charges lifted. A very painful agonizing ordeal for many, what do I do now? Can I file a civil suit against the department against the county against the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 10, 2021

You should consult an attorney who takes FEDERAL civil rights cases under Section 1983.

From a criminal law perspective, the severity of policy mistakes that could result in a prosecutor dismissing a case is lower than the severity of police mistakes necessary to justify a ruling against...
Read more »

1 Answer | Asked in Civil Rights for Texas on
Q: Misconduct by trial judge in houston Civil law suit
Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

Sorry, without some facts, it's impossible to provide a helpful comment.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: I NEED HELP ON PROVIDING IMPORTANT INFO ON AN INMATE CURRENTLY IN JAIL, ARE THERE ANY SOURCES OR RECOMMENDATIONS
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 29, 2021

What kind of information are you trying to provide? The answer to that question will lead you to the people you should speak with. For example:

If you have information that might help the person with their court case, then you should try to contact their lawyer. When you look up jail...
Read more »

1 Answer | Asked in Federal Crimes, Family Law, Civil Rights and Juvenile Law for Texas on
Q: cps lied in affidavit, lied on the notice of removal, attorney isnt responding to my calls, false drug test ? what to do

allegation were physical abuse, in which in the affidavit my child stated to not be true, presumptive marijuana test when i delivered my child but my baby passed all testing for drugs and mental issues but i was reported by a mental dr that i didnt qualify for mental services. the judge who signed... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 24, 2021

We hear these kinds of pleas for help far too often in Texas due to the nature of our system. I won't go into all the systemic problems which contribute to the CPS nightmare which you find yourself in. The good news is this: there is help out there. The bad news is this: the help you need is... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Can police take cell phones?..& is 18 months before even being offered a plea a violation of a right to a speedy trial?

Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.

Defendant believes counsel was overwhelmed &... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 10, 2021

First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »

1 Answer | Asked in Consumer Law and Civil Rights for Texas on
Q: Can my daughter be excluded from an ALL WELCOME soccer camp?

Mid year, I withdrew my daughter from a private catholic school in Texas. I did so for personal reasons that didn’t involve her behavior or conduct. I enrolled her in public school and she finished the year with straight A’s. Early June I received an email from the schools soccer coach inviting... Read more »

Teri A. Walter
Teri A. Walter answered on Jul 6, 2021

Private entities, like the school, can invite or disinvite whoever they want, for good reasons or bad.

1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Texas Dps has not fully opened since Texas ended covid restrictions. Need drivers permit before app date can't get it

Was given an appointment for sept 23 and I'm trying to teach my son to drive before he leaves for school in August. I'm unable to sit and wait hours because of my job How is everything else open but public service

Teri A. Walter
Teri A. Walter answered on Jul 6, 2021

Everything is open except "public service" (aka government jobs) because they make the rules. Welcome to government. You can teach your son to drive without them, but you'll need to deal with DPS to get him a license. The good news is that if he's old enough to drive,... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Texas on
Q: What motions and forms do I need to e-file on a 481.121(b)(1) charge in Montgomery county Texas...

I am not guilty, I had no knowledge of the marijuana being in my vehicle, and I denied the police permission to search my vehicle. I want to get my case dismissed.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2021

Getting a dismissal in a case like this isn't about filing motions and forms. The most likely path to dismissal will require a suppression hearing, the success of which is likely to depend on legal technicalities regarding the stop, the search, the arrest, and the transition from a traffic... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: If a psychiatrist makes a false report with lawyer in on it. Is it a crime because it falls under Texas Rules of Evidenc

Judge signs for psychiatrist to see me April 30 and resend is lawyer could not talk to me about case, said I was argumentative or did not meet him. Court records shows he said he tried to meet me on May 3. But doctor report is also dated May 3. How can I argumentative with a man that I never meet?... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

No, there are not any offenses defined in the Texas Rules of Evidence. That said, Tampering with a Governmental Record is an offense defined in the Texas Penal Code.

1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for Texas on
Q: My father got covid in jail! Can I sue the jail? Or state?

My father test positive for Covid! 2hours after he was released from county jail! He was wearing the same mask he got booked into jail with. 18days with the same mask! I asked and requested that he get a new mask or if I could bring any in. SEVERAL TIMES!!! Was told “I’ll get him one” spoke... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

You can sue anyone for almost anything but that doesn't mean you can win. A lawsuit like this would never be a matter of Criminal Law even though it involves the administration of the county jail. This would be a matter of Civil Law and may need to include some sort of Civil Rights argument... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Employment Discrimination for Texas on
Q: Civil Demand Notice, I was an employee using 10$ off coupons on my transactions. Over time made the company lose 300$

I paid for everything I purchased. I want to start off by stating that. I never once stole anything. These coupons are meant to be used along with our associate discount. I would take the points customers didn’t want and add them to my account. If an item I bought was 100$ then I would end up... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 17, 2021

Paying a civil demand after the fact will not prevent criminal charges of theft or forgery. Sometimes the vendor will imply that they won't file criminal charges if you pay the civil demand... but they might anyway. Also, once it is reported to law enforcement the vendor can't dismiss... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Civil Rights for Texas on
Q: My understanding is Anthony Fauci owns patents in vaccines he's promoting using his official position with the US CDC

Seems like a clear conflict of interest which he can be sued or indicted for fraud for?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 14, 2021

Think about the person who led you to this "understanding" about Fauci's patents. That person is either ignorant or deliberately manipulating you. They are either stupid or evil. Either way, that person is not a reliable source of information. Stop listening to that person.... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Are there any cases that can be use against a inmate being set off for the nature of his offense

It a case that's was in the prisonlegal news of a female fighting being setoff for nature of offense was it a ruling on it

Grant St Julian III
Grant St Julian III answered on May 12, 2021

I am not sure of your exact question, or the situation you describe. Calling an attorney may help. Good luck.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: friend made parole release 5/21 , got caught w drugs moved to g4 , no store , no ecomm , has to Do 6mth class now aug

Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 9, 2021

Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Landlord - Tenant for Texas on
Q: I'm the Landlord,my rental contract between both parties has expired in 2017.Although the contract has not been re-signe

We still maintain the rental relationship.Recently,due to the damage of the house.Tenant is unwilling to take responsibility for repairs.But in our old contract,these damages should be repaired by the tenant.Can I ask him to take responsibility for repairs,even if our contract has... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 29, 2021

When the original term of a lease expires and the tenant stays in the property, the tenant does so under the same terms as the original lease, but becomes a month to month tenant. Your lease appears to have an increased rent amount, but if you've been accepting rent under the old rate for 2-3... Read more »

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