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Texas Civil Rights Questions & Answers
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... View More

Penny Wymyczak-White
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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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
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.... View 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... View 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.
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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
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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
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... View More

Penny Wymyczak-White
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.
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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... View More

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2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Texas on
Q: My husband was cleared by CPS for the charges he is sitting in jail for, shouldn't his attorney have gotten him out?

Nasty custody battle long story short- ex husband started rumors about new husband, told police and they never investigated,they just put warrants out and arrested him. CPS sent me the ruling that HE IS INNOCENT and went to the jail to apologise to him. He has been in county for 16 MONTHS for... View More

John Cucci Jr.
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answered on Jul 17, 2022

If he has been in jail for over 90 days and the DA has not obtained an Indictment against your husband, then he could get released with a Writ of Habeas Corpus.

You shouold find out if he was indicted. If he has, then you need to understand that if Indicted, CPS has NO control over the...
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2 Answers | Asked in Family Law and Civil Rights for Texas on
Q: If the Plaintiff requested a jury by trial can the defendant request no jury?

My friend if being sued for emotional damage and the Plaintiff requested a jury trial. My friend lives out of state. Can you do a jury trial by video conference or can he request no jury trial? He doesn't have the money to travel out state for a crazy lawsuit. They are suing for one million... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 8, 2022

Unfortunately, if the law allows for a jury trial in this situation, the Plaintiff has a right to request a jury trial and the Respondent (your friend) does not have the right to request no jury trial.

Your friend could file a motion to appear via video conference, but if the court denies...
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1 Answer | Asked in Consumer Law, Social Security, Civil Rights and Constitutional Law for Texas on
Q: I have a statement showing I have/had the 40 required amount of work credits needed to be eligible for SSDI

I made $20,000+yr for years until my health decline making my income drop significantly. I applied for benefits and I have been given misinformation, denied continuously,lied to, told my condition is not as severe as I think I is, have errors in case file, and more but yet has conditions and... View More

Elizabeth Fowler Lunn
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answered on Jun 26, 2022

You haven’t provided enough information for anyone to tell you if you have a good case or not. You also aren’t clear about whether you are wanting to obtain disability benefits or sue the SSA for discrimination. If you have already provided detailed information to several lawyers and they have... View More

2 Answers | Asked in Criminal Law, Civil Rights, Elder Law and Federal Crimes for Texas on
Q: “During the glory days of radio, it was illegal to mimic the voice of the US president.”

“During the glory days of radio, it was illegal to mimic the voice of the US president.” Was there actually a law prohibiting that? Or was just a White House policy and not a legal issue.

Was it law or policy?

John Cucci Jr.
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answered on Jun 26, 2022

What you are referring to is the Policy of the Government. The 1st Amendment gives you the right to mimic anyone!

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