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Texas Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for Texas on
Q: My brother's ex wife is trying to extort or blackmail him. What can he do? continued details: jail 3x nowbecausethis

She left him very abruptly and she ended it horribly with not a lot of questions answered. No sit down and discussion about why or anything. Just kicked him out and then cut him off completely. And well my brother being heartbroken and in so much emotional pain wanted answers and explanations.... View More

Grant St Julian III
Grant St Julian III
answered on Nov 1, 2023

I am not sure of your exact question, but if a protective order has been issued your brother must stay away or risk going to prison. He needs to talk with a criminal defense attorney and a divorce attorney. Good luck.

1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Civil Rights for Texas on
Q: Victim of Criminal Trespass & Assault

Police has (not) arrested "assailant" who is an Immigrant; who resides in -- same -- apartment complex; Property Manager only gave (assailant) a "Lease Violation"

Grant St Julian III
Grant St Julian III
answered on Oct 19, 2023

I am not sure of your exact question. If you are the victim of a crime, stay in contact with the detective assigned to the case

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: This is so confusing , I was 100% not doing anything wrong and the next thing you know it I had 2 unlawful arrest

So left the job site went to work 3 employees with me , after the job we did I dropped off one guy at home than drove to my bosses and we pulled up and got out the vehicle and a police officer parked behind us out of no where I guess my co worker had a warrant and took off running the officer... View More

James L. Arrasmith
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answered on Oct 15, 2023

It sounds like you've been through a challenging situation. In matters involving unlawful arrest, it's critical to ensure that your rights are protected. To navigate this, you should retain an attorney experienced in criminal defense or civil rights. Document all details of the event,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Nursing Home Abuse and Real Estate Law for Texas on
Q: A veteran that did three tours in Afghanistan as a marine came home and immediately went to work as an amazing police

Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him,... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: ipoted bail on felony andfiled motion forexaminingtrial hearing before indictment andcourt returned no actiontaken

does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)... View More

James L. Arrasmith
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answered on Oct 15, 2023

Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More

1 Answer | Asked in Civil Rights, Appeals / Appellate Law and Civil Litigation for Texas on
Q: I have a judgment on Texas civil practice in remedies code section 31.002.(b)(3) which has seized my bank account

law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and... View More

John Michael Frick
John Michael Frick
answered on Sep 27, 2023

I don’t understand what you mean by doing Nash and undermined Lee.

As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.

Then contact an experienced civil litigation and...
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2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do I motion the court for discovery specifically the arresting officer's report?

On 3/23/2023 I was pulled over for not having plates on my private automobile. Sheriff's deputy requested driver's license and insurance documents. When I asked why he threatened me by saying if I didn't provide those documents he would break my window arrest me. I again told him I... View More

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

File a motion asking for the arresting officer’s report. But don’t expect it to describe your encounter quite the same way you recall it.

Personally, I’d ask for the bodycam video.

And you don’t have a right to drive your private automobile on public roads without license...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can charges be filled again me if I left and they wasnt able to talk to me.

I came home was coming in the back door and a girl was stand in my room she push me out the door. So I go around to the front to go in and there 2 girl one in front of me the other behind me. There jumping me so we start fighting one girl live there the other one doesn't bug the one that... View More

Grant St Julian III
Grant St Julian III
answered on Sep 18, 2023

There was a fight. CAN criminal charges be filed against someone who was involved in the fight? In my opinion and from what you describe, yes. WILL any charges be filed against YOU ? No one in this forum can answer that question. If you are contacted by a detective or a police officer, call an... View More

1 Answer | Asked in Estate Planning, Civil Rights and Probate for Texas on
Q: Us nysone allowed to kick me out of the house I e lived at fir 22 years after my. Nother passed away and left him the ho

I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 15, 2023

I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can my lawyer get my phone back if a detective took it into evidence.
T. Augustus Claus
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answered on Sep 15, 2023

They can contact the detective or law enforcement agency involved to request the phone's return, provide legal justifications for its return, and potentially negotiate for its release. If the seizure of your phone is believed to be unlawful or a violation of your rights, your lawyer can file a... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Can I ask the school to refrain from asking my child personal questions on what goes on outside of school?

There was an issue at my childs school and my child keeps telling me that these teachers and principles kept asking her questions over and over about what goes on at home. To where she got overwhelmed at the questions being asked.

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

Yes, you can legally ask the school to refrain from asking your child personal questions about what goes on outside of school. Legally, however, school employees are not obligated to honor your request.

1 Answer | Asked in Civil Rights for Texas on
Q: Police pulled me over because they said tail light was not on. I came back home and checked every light and it’s working

It was 8:00 pm. Officer gave me a written warning. All my tail lights are totally fine and are working.

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

The problem may be intermittent. Since you just got a warning and not a citation, legally there is nothing further for you to do. Just monitor the situation and, if it happens again, take your car to a mechanic.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: My boyfriend suffered the loss of a testicle due to jail not sending him to emergency room. Can we sue

He has been commuting an undisclosed location for 3 months to regain competentcy. No hearing on his mental state until 11/24/23. They will not tell anyone where he is. He has said me and his mother could get info on last case it's on file with court

James L. Arrasmith
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answered on Sep 11, 2023

In situations involving medical negligence or deliberate indifference to a serious medical need while in custody, there might be a potential for legal action based on a violation of the individual's constitutional rights. Specifically, the Eighth Amendment of the U.S. Constitution prohibits... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Can someone at the age of 19 carry a hand gun ?
T. Augustus Claus
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answered on Sep 5, 2023

In Texas, the minimum age to legally carry a handgun in public places, openly or concealed, is generally 21 years old. However, there are exceptions to this age requirement. One exception is for individuals who are at least 18 years old but less than 21. They can carry a handgun in Texas if they... View More

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Sexual Harassment for Texas on
Q: Wen arrested can P O denie u from getting ur own appointed lawyer or tell u that by force u have to get the lawyer they

Appoint u…. And wen talking on fone with family Can they stand next to u and listen to ur conversation and if they hear anything u say they dnt like Can they take the fone from u and hang up the fone from u

Grant St Julian III
Grant St Julian III
answered on Aug 28, 2023

What you describe, in my opinion, is not illegal. Talk with your lawyer. Good luck

1 Answer | Asked in Civil Litigation and Civil Rights for Texas on
Q: Can I sue a police officer who stopped my son for no reason and charged him with evading arrest for no reason?

Body and dash cam showed no claims for detaining him with evading arrest. He also lied on his report saying he pulled him over for not stopping when exiting the parking lot and on the dash cam it showed him waiting for a car to pass before exiting. He drove 2 blocks at 20mph before pulling over and... View More

John Michael Frick
John Michael Frick
answered on Aug 27, 2023

Be thankful that the dash cam prevented your son from being convicted and move in with your life.

Your question suggests there are negligible damages assuming you could prevail and police officers generally are immune from lawsuits in these circumstances.

Do you really want to spend...
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1 Answer | Asked in Criminal Law, Civil Rights, Libel & Slander and Small Claims for Texas on
Q: Persons. Presented themselves as law enforcement officers to me. To obtain a dog for a police department

I have texts. Recordings. Pictures. These men are not law enforcement officers. They are now. Threwtening to shoot me. Sheriff offfice will do nothing

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

If you sold a dog to individuals under the mistaken belief that they are law enforcement officers, a question arises as to whether you sustained any damages. You would need to present evidence of some difference in the price that you sold the dog for compared to the price that you would have been... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Municipal Law and Small Claims for Texas on
Q: Is it illegal for my girl to have our car towed for no reason other than to anger me?

We are joint owners of the car no "and/or" on the title. Just has her name and my name. She has had a gps tracker put on it, and whenever she thinks I am somewhere I shouldn't be, she will have the car towed. What can I do, if anything.

Thanks in andvance

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

You can file a suit for partition by sale. You can then use your share of any proceeds to buy a different car and not put her name on it.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Car title says my name and her name, no "and/or". Is it illegal for her to put a gps tracker in it without my consent?

We are still making payments on it, if that matters.

T. Augustus Claus
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answered on Aug 18, 2023

In Texas, the legality of placing a GPS tracker in a vehicle co-owned by both parties without consent can be complex and involves considerations of ownership, privacy, and consent. When a car title lists both names without "and/or," it typically signifies joint ownership, which might... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Civil Rights for Texas on
Q: I'm being listed as a witness for my domestic partners ex wife. Do I need a lawyer, can they do this, my options?

My domestic partner is divorced for the last 6 years. The divorce was based on her inability to be in a partnership with her controlling and narcissist behaviors (i.e., she had him pull away from his own family for several years). When they had their child after a decade of trying she continued... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 17, 2023

Your domestic partner is presumably represented by counsel, as is the child's mother.

You should retain counsel. Neither of the parties' attorneys will represent you, nor your interests in the case.

You should count on a "woodshedding" session with your...
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