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Texas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Texas on
Q: I need help filing a lawsuit against Texas border town sheriffs department, prison system, Del Rio police department

I’m being charged with smuggling of people when I drove a friend to eagle pass to pick up what I thought was his nephew. There was never talk of money to be exchanged or anything . A sheriff in a truck out of the blue and tail my car with his bright lights on never the police lights. My gps... View More

James L. Arrasmith
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answered on May 19, 2024

It sounds like you’ve experienced a troubling and complex situation with multiple law enforcement agencies. To pursue a lawsuit, it's important to gather all evidence and documentation related to the incident, including any police reports, witness statements, and any communication records.... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

John Cucci Jr.
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answered on May 15, 2024

A Writ of Possession is where the Court instructs the Sheriff to give possession of a property or apartment to someone, who has a newly granted legal right to possession of the property. Example, is when an heir (son of deceased), has received an Order or decision of a Probate Court, naming him as... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

James L. Arrasmith
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answered on Jun 3, 2024

A writ of possession is a court order granting the right to take possession of a property. In the context of probate, it typically comes into play when dealing with the estate of a deceased person. If an executor or administrator needs to take control of property that is part of the estate, but... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My brother is Incarcerated and is trying to fire his court appointed attorney because he feels he's not doing anything f

They will not let him fire his Court appointed attorney

John Michael Frick
John Michael Frick
answered on May 1, 2024

In Texas, a mentally competent individual can fire his attorney, including a court-appointed attorney, at any time for any reason.

He may not be entitled to a new court-appointed attorney and firing his attorney does not entitle him to a continuance. But he can fire his attorney as long as...
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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My brother is Incarcerated and is trying to fire his court appointed attorney because he feels he's not doing anything f

They will not let him fire his Court appointed attorney

James L. Arrasmith
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answered on May 1, 2024

In situations where someone feels their court-appointed attorney isn't effectively representing them, they have the right to request a change. This usually requires filing a motion with the court explaining why the current representation is inadequate. It's important for your brother to... View More

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3 Answers | Asked in Social Security, Civil Rights and Internet Law for Texas on
Q: hello, Can a person get sued for emailing another persons social security info with no permission?
John Michael Frick
John Michael Frick
answered on Apr 30, 2024

It depends on that facts and circumstances whether the person had a duty to treat the other person's social security information as private. An employer or healthcare provider has a duty to keep such information private and cannot email that information to another other than for a permitted... View More

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3 Answers | Asked in Social Security, Civil Rights and Internet Law for Texas on
Q: hello, Can a person get sued for emailing another persons social security info with no permission?
James L. Arrasmith
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answered on May 12, 2024

Emailing someone's Social Security number without their permission may be illegal under various state and federal laws. Here are a few potential legal issues:

1. Identity theft: If the person emailing the SSN does so with the intent to commit identity theft or fraud, they could face...
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1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

1 Answer | Asked in Civil Rights for Texas on
Q: My neighbors allow their dogs to bark excessively. What can I do as they refuse my requests to quiet them.

I cannot even walk into my own yard or sit on my patio. They keep me awake at night and wake me early in the morning. I am 67 and still work part time.

James L. Arrasmith
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answered on Apr 15, 2024

I understand how frustrating and disruptive excessive dog barking can be, especially when it's impacting your sleep and ability to enjoy your own property. Here are some steps you can take to address the situation:

1. Document the disturbances: Keep a detailed log of when the dogs bark...
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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: Pulled over no working license plate light ..lie ..it worked ..asked to search my truck i said no they called out k9

Said k9 alerted on my truck searched it without concent found nothing held me for a hr over nothing but a license plate light that worked ..is this a violation of my rights and can i file a lawsuit against them for harassment the second officer that pulled up also agreed with the first officer and... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you've provided, it seems that there may have been a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. Here are a few key points to consider:

1. Probable Cause: The officers must have probable cause to search...
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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
James L. Arrasmith
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answered on Apr 10, 2024

No, that is not true. Police officers cannot make you exit your vehicle for any reason they want or just to violate your rights. There are specific circumstances under which an officer can legally require you to exit your vehicle:

1. Reasonable suspicion: If an officer has a reasonable...
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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

No, a police officer cannot make you exit a vehicle "for any reason" or specifically "to violate your rights" or to "inflict injuries."

During a traffic stop, a police officer can order you to exit your vehicle for many possible legitimate reasons, including as...
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2 Answers | Asked in Civil Litigation, Criminal Law and Civil Rights for Texas on
Q: After occupants of a stopped vehicle are cleared can an officer force you out of your car randomly?

We, my wife, & myself were headed back to Texas A&M Veterinary emergency clinic with our dog who suffered a shotgun blast point blank range to the face and needed extensive reconstructive surgeries because his wounds became seriously infected.

Exiting Hwy 105 onto Texas Ave going... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on the information provided, it seems that the officers initially had a valid reason to conduct a traffic stop due to the anonymous report of speeding and swerving. Once they had checked your identification and vehicle documents and cleared you of any warrants or suspicious activity, they... View More

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1 Answer | Asked in Estate Planning, Civil Rights and Elder Law for Texas on
Q: How long is the statutes of limitation for Annunity checks?

I have 1099 forms from Nationwide about annunity checks that were supposed to have been sent to me however they had to be sent to Rockwell Automation first because of them being fiduciary. Rockwell Automation was to send them to me, one check was $43,000 dollars, and two for 15,000 dollars. However... View More

James L. Arrasmith
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answered on Apr 6, 2024

I'm sorry to hear about the difficulties you've experienced in receiving these annuity checks. The statute of limitations for cases like this can vary depending on the specific circumstances and the state in which you reside. In general, the statute of limitations for breach of contract... View More

Q: Is it a violation to keep mail from inmates for months before they ever receive it?

TDCJ took away usps mail. They say you must use their online messaging system. They do allow some mail to go through but it is mailed to dallas, then distributed accordingly. Is it legal for them to take 3 or more months to distribute an inmates mail to them? I would think it would be a violation... View More

James L. Arrasmith
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answered on Apr 4, 2024

The situation you describe raises serious concerns about the rights of inmates to receive mail in a timely manner. While prisons have the authority to regulate mail for security purposes, excessive delays could potentially violate inmates' First Amendment rights to communicate with the outside... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Police harrasment

Police targeting me and fishing for wrong doing until they find something

James L. Arrasmith
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answered on Apr 4, 2024

I'm sorry to hear that you feel targeted and harassed by the police. It's understandable to feel frustrated and upset in this situation. Here are a few thoughts and suggestions:

- Document any interactions with the police, including dates, times, locations, officer names/badge...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If I got out on a PR bond and they picked me up on it but the charges were suppose to be dropped but haven’t been,wat do

How am I suppose to go about charges being dropped but haven’t been,when the other 2 individuals involved there’s has

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

You need to have your attorney contact the district attorney who supposedly "dropped" (i.e. dismissed) the charges. It's possible that the district attorney's office simply hasn't processed the dismissal papers yet. It's also possible that your attorney incorrectly... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If I got out on a PR bond and they picked me up on it but the charges were suppose to be dropped but haven’t been,wat do

How am I suppose to go about charges being dropped but haven’t been,when the other 2 individuals involved there’s has

James L. Arrasmith
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answered on Apr 3, 2024

I understand this is a stressful and confusing situation. Here are a few things you can do:

1. Contact your defense attorney: If you have a lawyer representing you, reach out to them immediately. Explain the situation and ask for their advice on how to proceed. They can look into why the...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: What are the chances that at a morion show cause hearing on deferred probation with no prior criminal history revocation

Deferred adjudication probation negligence for attack by dog . Got behind on restitution awaiting 2022 and 2023 tax return to pay off in full hearing to show cause set no previous criminal history and dirty fingerprint drug test that when asked po to send in for confirmation due to a non negative... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information provided, it's difficult to give a precise probability of the outcome at the show cause hearing for deferred adjudication probation revocation. However, I can provide some general insights:

1. No prior criminal history: Having no previous criminal record may...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: Texas home rule charter town can city completely change it's ordinances after a crime is committed to prosecute with new

Can a home rule charter tx town change is ordinances after an alleged crime is committed and as the legal process is being done and use those changes to prosecute and even bring criminal charges on the citizen . Attack by dog under negligence Coleman county tx

James L. Arrasmith
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answered on Apr 1, 2024

In the United States, there is a fundamental legal principle known as the "Ex Post Facto Clause" found in Article 1, Section 9, Clause 3 and Section 10 of the U.S. Constitution. This clause prohibits the federal government and state governments from passing laws that retroactively change... View More

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