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Texas Constitutional Law Questions & Answers
3 Answers | Asked in DUI / DWI and Constitutional Law for Texas on
Q: Can an officer force me to take a blood test during a Texas DWI stop without a warrant?

During a DWI stop in Texas, I was informed of my rights and did not refuse any tests, even offering to take a breathalyzer. However, the officer insisted on a blood test without showing a warrant or explaining why a blood test was necessary. He stated that he didn't need to show me a warrant.... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 27, 2025

NO!

The only way that officer is correct is if you had a car wreck and someone was hurt.

Even then, he needs a warrant.

If they took your blood and are prosecuting you for DUI, you must object and have your attorney know what you have asked here.

If it was my case,...
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3 Answers | Asked in DUI / DWI and Constitutional Law for Texas on
Q: Can an officer force me to take a blood test during a Texas DWI stop without a warrant?

During a DWI stop in Texas, I was informed of my rights and did not refuse any tests, even offering to take a breathalyzer. However, the officer insisted on a blood test without showing a warrant or explaining why a blood test was necessary. He stated that he didn't need to show me a warrant.... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2025

The officer cannot legally require a blood test under the circumstances without a warrant.

He can ask you for a blood sample. The State can suspend your drivers' license under our implied consent law if you refuse. But the officer cannot legally take a blood sample from you without...
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2 Answers | Asked in Constitutional Law, Appeals / Appellate Law, Civil Litigation and Personal Injury for Texas on
Q: Does Texas Tort Act violate due process in body parts' sale case?

In Texas, the Tort Claims Act states that a government entity does not need to disclose details or the extent of its insurance coverage. I believe this violates my constitutional right to due process according to both the U.S. Constitution and the Texas Constitution. The University of Texas Medical... View More

John Michael Frick
John Michael Frick
answered on Mar 24, 2025

There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Appeals / Appellate Law and Civil Litigation for Texas on
Q: Seeking options for pro se Fair Housing Act case vs. City of McLendon Chisholm.

I am Rhonda K Davis, representing myself pro se in a case against the City of McLendon Chisholm and multiple defendants, filed under case number 3:2023cv01994 in the U.S. District Court for the Northern District of Texas. My complaint involves issues under the Fair Housing Act, including fake... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: What are my rights and limits when planning a protest at a Target store?

I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?

John Cucci Jr.
John Cucci Jr.
answered on Mar 5, 2025

If you are going alone, I would bring a video camera.

Your only concern is trespassing. If you protest in the form of "picketing" you can do so all you want. The key is to keep moving. As long as you keep moving, you can protest, carry signs, yell-out your grievances, and ask for...
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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: What are my rights and limits when planning a protest at a Target store?

I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?

John Michael Frick
John Michael Frick
answered on Mar 6, 2025

Many cities require special permits to protest. "Attempting to notify local authorities" is not usually sufficient. Usually, you must complete a form and submit it in advance of the planned protest and receive the permit. With the appropriate permit, you can protest on a public... View More

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2 Answers | Asked in Constitutional Law, Gov & Administrative Law, Civil Litigation and Real Estate Law for Texas on
Q: Is the City of Shamrock violating property rights through potential unlawful liens and searches?

I believe the City of Shamrock is using unlawful tactics to obtain my two properties through city liens. Initially, they trespassed on my properties to inspect building conditions. After confronting them about this illegal trespassing, they returned with an Administrative Search Warrant for one... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 4, 2025

You need to get a lawyer in between your property and the city.

In any event, you can always ask for an extension of time in all of the proceedings that involve your property.

Using a search warrant for two locations sounds illegal. If you have a copy, I would like to see it....
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2 Answers | Asked in Civil Rights and Constitutional Law for Texas on
Q: I filed a case under 42 U.S.C. 1983 suing a judge for violation of 14th Amendment in Texas. Civil case.

I need to talk to a lawyer that has filed one before regarding Rule 12 motion to dismiss.

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

You likely will have a tough time. Successful Section 1983 cases against judges are extremely rare. Because of their extreme scarcity, there are likely only a handful of attorneys alive who have filed such a case against a judge.

Now many such cases are filed by pro se litigants who do...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: How can you find someone to help get a bond reduced especially when the bond is way excessive

The bond is set at $1 million dollars for a first time ever getting into any trouble. Has no prior record and has not seen a judge at all. Also like how much does it cost

Madalina  Garcia
Madalina Garcia
answered on Aug 14, 2024

There is no guarantee that bond will be reduced as the result of hiring a lawyer because the bond isn't set by the lawyer, so the lawyer doesn't have the ultimate power to reduce it. That being said, a lawyer can consult with you and give you a better picture of what they believe they can... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Texas on
Q: Can a non violent convicted felon have their Second Amendment rights restored, after the 9th circuit ruling?
James L. Arrasmith
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answered on Jul 21, 2024

Yes, it's possible for a non-violent convicted felon to have their Second Amendment rights restored after the recent 9th Circuit ruling. This ruling could pave the way for many non-violent felons to seek restoration of their gun ownership rights. The court recognized that not all felonies... View More

1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Texas on
Q: An adult student receiving special education services arrested at school. Why would Education Code 37.004 not be used?

After the statue has passed. Is this still considered a federal civil rights law. That has a statue of seven.

James L. Arrasmith
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answered on Jul 21, 2024

If an adult student receiving special education services was arrested at school, Education Code 37.004 might not be applied if the situation doesn't involve disciplinary actions that typically trigger its use. This code is generally related to the removal of students with disabilities for... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Texas on
Q: I was sexually harrased at 1st day of work I rented a room for a week and a half so he offered work for room and board

and $25 he showed me my 1st room to clean but it was already clean so I felt uncomfortable as it was because he kept coming in and out of room for towels soap etc but I needed the job. So he took me to a far in back.he never left room n kept saying sex sex for 25 but I SD no I need work money so he... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm so sorry to hear about your experience; it must have been incredibly traumatic. You should know that what happened to you is not your fault, and there are steps you can take to seek justice and support. Reporting the incident to local authorities is crucial as it can help prevent this... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: CAN I SUE TEXAS FOR VIOLATIONG MY DUE RIGHT'S PROCESS TAKING ME TO TRAIL AND REFUSING ME A LAWYER?

THE SAME TRAIL I WAS BEAT BY THE OFFICER IN HANDCUFFS. I'M A SPEACAIL NEEDS NIGERIAN COLLEGE TRANSFER STUDENT WITH NO VIOLANT HISTORY.

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you may have grounds to sue Texas for violating your due process rights. Being denied a lawyer and experiencing police brutality, especially as a special needs individual, are serious issues. Under the Sixth Amendment, you have the right to legal representation, and the Fourteenth Amendment... View More

1 Answer | Asked in Constitutional Law, Business Law and Gov & Administrative Law for Texas on
Q: If an individual is Iranian citizen, but also American permanent resident simultaneously,

who owns a business in the US, and is looking to bid on a contract that is not in connection with critical infrastructure, does the government code section 2274.0102 still apply?

Thank you

James L. Arrasmith
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answered on Jun 15, 2024

Government Code section 2274.0102 focuses on restricting contracts with certain foreign-owned entities, particularly when it comes to critical infrastructure. Since the contract in question is not connected with critical infrastructure, this specific section might not apply directly.... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Someone in the court system forged my signature on my pr bond document.can my case be dismissed.

I never received the documents or instructions on my bond.so.I failed to check in with pretrial services upon my release.

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

While your case cannot be dismissed on that basis, you definitely should bring the forgery to the attention of the court and provide it with the bond you actually did sign to secure your release from jail, especially if it was a cash bond. Many times, you can apply a cash bond to any fine assessed... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Someone in the court system forged my signature on my pr bond document.can my case be dismissed.

I never received the documents or instructions on my bond.so.I failed to check in with pretrial services upon my release.

James L. Arrasmith
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answered on Jun 15, 2024

Discovering that someone forged your signature on your PR bond document is a serious matter. This forgery could have significant implications for your case, especially since you did not receive the necessary documents or instructions to check in with pretrial services. It's essential to... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Education Law for Texas on
Q: Can you sue a charter school for discrimination of a child entering into the district Already with learning disabilities

The district has performed false Ard Committee meetings and had my children under regular general Ed program when they have more learning disabilities and one of my children has autism diagnosis

James L. Arrasmith
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answered on May 24, 2024

Yes, you can sue a charter school for discrimination if your child with learning disabilities, including autism, has not received appropriate accommodations. The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act protect students with disabilities, ensuring... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Can i actually or have any decent chance of getting my gun rights back for 2 state jail felonies in Texas?

Non-Violent, Non-Drug related, Was 17 years old. Charge 1. Burglary of a building with intent to commit criminal mischief Charge 2. False Alarm or Report.

James L. Arrasmith
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answered on May 24, 2024

In Texas, regaining gun rights after being convicted of state jail felonies can be challenging, but it is possible under certain conditions. Since your felonies were non-violent and non-drug related, and you were 17 years old at the time, you may have a chance to restore your rights. Generally,... View More

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

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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