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Texas Civil Rights Questions & Answers
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... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
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... Read 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.
John Cucci Jr.
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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1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can police take my dog from his lead while looking for someone with an arrest warrant who use to live there?

I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

They took your dog and left or they simply moved your dog to a different location? To be honest, if they claimed to be afraid of the dog then they could probably get away with shooting your dog dead.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: My ex boyfriend came out of jail last month and took my daughter with out my permission. How can I get her back?

There is no paternity agreement. No DNA. Nothing saying he is her father. He has history of abusetowards me when i was preg.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 19, 2022

You need to file a suit in court and establish child support.visitatiion and custody.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Texas on
Q: can anyone help with a civil suit that needs a writs

Around 2:00 p.m. on May 19, 2015, Phillips forcibly entered Faedra Wills’s

Arlington home while, apparently unknown to him, Wills locked herself in the

bathroom and called 911. Arlington police officers arrived at Wills’s home while

Phillips was loading stolen... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 12, 2022

Sorry but I did not see a question in your submission. Please try to ask what or how to do something.

Thank you.

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Texas on
Q: Where can I go to find other civil court case appeals records ?

My brother is trying to appeal a judges decision on a motion to dismiss his civil suit against his former attorney , who didn't take any steps to helping my brother in his criminal case that he is innocent of but now serving 35 years the way he was dealt was so wrong . So my brother asked me... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 7, 2022

If your brother is innocent and the attorney was ineffective he should file a 11-07 writ.

1 Answer | Asked in Civil Rights, Domestic Violence and Criminal Law for Texas on
Q: I have a warrant but would like to report domestic battery and harassment in Texas… can I report to police?

I have a warrant from not finishing probation a few years ago. I was convicted if trespassing. Just recently I’ve been abused my my ex physically and he’s currently stalking as well as harassing me on my new phone number. Is there anyway I can report to the cops and get my warrant cleared? I... Read more »

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

You can make a police report but the police may arrest you because you have a open warrant

1 Answer | Asked in Civil Rights, Health Care Law, Public Benefits and Social Security for Texas on
Q: What law sections and codes do I look for when I am have lung agenesis ICD 10 code Q33.3 which is nationally covered ssa

Im 36 born with lung agenesis aka only one lung, I have severe mental health issues, I have the required amount of work credits and my ICD 10 code Q33.3 is nationally covered under the Americans with disabilities act but the ssa says that my condition is not as severe as I think it is. The... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on May 8, 2022

You can read the regulations related to Social Security regulations to see how Social Security considers claims for disability benefits. SSA is making a decision as to whether your medical issues are so severe that they prevent you from doing all work that exists in the national economy. The ICD 10... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Evidence collected and destroyed in Texas, can anyone be held accountable?

Someone arrested and plead guilty under duress. They found out years later evidence was collected from scene of crime, but never tested. Nine years after the crime, defendant learned of said evidence and requested testing. They learned at this time the evidence was destroyed, so all writs were... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 24, 2022

Your questions are complicated. The reason is over the years, the liability and duties of the police, District Attorneys, Courts, and court clerks have all changed in many ways.

The dates of the arrest and seizure are important. That would determine which laws were relevant in your matters....
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Texas on
Q: If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble

If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble if they were told to not come back by my mom.

John Cucci Jr.
John Cucci Jr.
answered on Apr 12, 2022

This is a sticky situation. If you live at the house, you can invite anyone to come see you. However, I would not expect them to "hang out" at the house. You would need them to only stay in your room. Thus, they can come pick you up, or visit you in private, but to do so is asking for... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Is it a violation of my amendment rights if I have a public defender and spoke on the phone once. Before trial I have a

A new attorney and we're going to trial in 2 weeks or less or maybe 3 weeks but they're not prepared for my case and I haven't ever spoke to him before and the only information they have is what the prosecutor gave them instead of investigating my caseit been over 2 years

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 6, 2022

Although you have the right to an attorney, you don't have the right to a GOOD attorney. You have to pay for that and it's really expensive.

That said, if your attorney does nothing (or almost nothing) to prepare then that can be "ineffective assistance of counsel"...
Read more »

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: I Trying to See who can lead me in the right direction with my cps case

my mom had temporary custody of my daughter but she past away an now is in state custody and I talked to the caseworker and stuff but they make it seem like if she got taken from me and what makes me look bad cuz I have one dirty UA but I haven't had my daughter and my custody for years so my... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 29, 2022

If your rights have not been terminated retain a lawyer. You will need to stay drug free. It doesn't not matter if your child not in your possession when you use. You can't use drugs

1 Answer | Asked in Civil Rights and Criminal Law for Texas on
Q: Do I have to provide the names of employees they were at facility cleaning and give it to the police. Wallet stolen

We were told if they were going to do an investigation and look at the camera from the office as well as the store where attempt was made at Walmart. This happened last night so clearly they don’t have the investigation completed My point is that if we provide the names and it turns out one of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 22, 2022

You could probably make them get a warrant but you might want to ask a local criminal defense attorney who knows how the cops operate in your jurisdiction... they can make more problems for you if they are unprofessional jerks.

3 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for Texas on
Q: Do i have a case against theft and prevention do they have the right to bodly hirt me and the other person?

I had shoplifted a pair of shoes and we walked out onto the sidewalk when 2 men regular clothed came up behind me grabbed me and my purse swung me around and was physically pulling me my friend said dont touch her and they borh grabbed him up and busted him against the wall and trash can and... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 19, 2022

They don't have a right to touch you. You need to get a lawyer and get the camera, I am sure they are going to say you hit them first or used force, That is how a simple shoplifting turned into a robbery,

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1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Native American Law for Texas on
Q: If I have proof can I back this statement up with an appeal

1) caseworker said if I'm negative I don't need to take drug test or treatment

2) there was no violence in my home

3) I am enrolled in a tribe and proof I'm native American

4) I done all my classes and completed them I paid for my classes. Got proof for that... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 13, 2022

If you submit this evidence at the trial level you can use it in your , It would be wise to hire a lawyer.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Who do I contact about a bond being set excessively high?

My fiance was arrested for POC PG1 >=4g<200g. His bond is set at $200,000. This is his first drug offense. I wouldn't have really thought anything about it and would have waited to file for a reduction, until I noticed that there is another inmate, in the same facility, with the same... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 9, 2022

The purpose of bail is to ensure the defendant's appearance at court and to ensure the safety of the community or victim. A POCS case doesn't really have a victim so perhaps there was something about his situation that concerned the judge about the defendant's willingness to appear... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can a police man tell me he is going to search and bring a drug dog AFTER I SAY NO TO A SEARCH OF MY VEHICLE?

My fiance was pulled over for registration being out. After running his name the officer asked him to step out of the vehicle, patted him down, but he was not arrested. The officer then asked if he could search. My fiance said no. The was no probable cause that I am aware of I'm this... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 8, 2022

It might be possible for his attorney to seek suppression any evidence that was found as a result of the search but a good attorney will probably first need to carefully study the offense report, arrest affidavit, BodyCam recording, DashCam recording, and the log file showing the data sent back and... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Civil Litigation for Texas on
Q: Falsely accused of theft of property, can I sue police department and the company?

I was charged with shoplifting from a worldwide company. Loss prevention falsely identified me after doing a Facebook search. This is now on my record. I have been labeled as a theif! Ive missed several employment opportunities, I had to move back in with my parents because all agencies have denied... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 3, 2022

If all charges relating to the arrest were dismissed then you will eventually become eligible to petition for an expunction. An expunction is the means for clearing your arrest record. There are a couple of situations where you can go ahead with an expunction without waiting for the statute of... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law and Civil Rights for Texas on
Q: What if the investating officer tells the victim to do something for instance in my case my ex filed a report and put a

Criminal trespassing on me the officer told her that if she was in fear of me retaliating against her he said if she was that he could get a warrant for something she had said I did months before she made the report the officer thst issued a warrant and told her that when they come to our residence... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 16, 2022

It is likely that none of that will matter if your criminal defense attorney is basically a plea broker. Hire the best criminal defense trial attorney who is based in the same county where the case is pending. The prosecutor will probably start from a position of believing that the officer's... Read more »

1 Answer | Asked in Family Law, Adoption and Civil Rights for Texas on
Q: Hello I have a family law question.

My daughter just had a baby in November and baby tested positive for methamphetamines. Child protective services were called and she almost lost her baby to them but she had a good friend that she signed over Power of attorney to so her friend could take the baby. I didn't know about this... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 15, 2022

Based on these facts, CPS has likely been granted temporary custody of the baby due to the fact that drugs were found in its system at birth. CPS likely ran a background check on the friend and found that the friend posed a safe environment for the baby, so they've placed the baby with the... Read more »

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