Texas Constitutional Law Questions & Answers

Q: I can't buy a weapon because of 2 domestic violence charges and no felony offenses is that legal they were misdaminors

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Texas on
Answered on Nov 17, 2018
Kiele Linroth Pace's answer
If you have been convicted in any court of a misdemeanor crime of domestic violence then it is a violation of federal law for you to possess firearms or ammunition. US Code Title 18 Section 922(g)(9)

It is also a federal crime for a person to sell you a firearm (or even gift it to you) if they have reason to believe you have been convicted of a misdemeanor crime of domestic violence. US Code Title 18 Section 922(d)(9)

This law was passed in 1996 and its Constitutionality has...

Q: I went to jail because I was told I’d be extradited but never was. Any reason why ?

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Answered on Sep 20, 2018
Gary Kollin's answer
Count your blessings that the other state chose not to seek your extradition

Q: police department inmates malnutrition and cross contamination is grounds for a lawsuit?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Answered on Aug 30, 2018
Roy Lee Warren's answer
Well three days will probably not get you there as for damages. Section 1984 of the Civil Rights Act prohibits deprivation of rights under color of law but yo must prove damages. Sorry but I doubt you would have sufficient damages.

Q: Can I put up a taller fence in my yard for privacy?

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Animal / Dog Law for Texas on
Answered on Aug 6, 2018
Tammy Lyn Wincott's answer
You will need to check with your HOA and your City Development Department for the codes on fences.

Q: I live in a trailer house where my lease agreement states that I am unut A and I rent the front room living room akitche

1 Answer | Asked in Real Estate Law, Criminal Law and Constitutional Law for Texas on
Answered on May 15, 2018
Grant St Julian III's answer
If contraband is in plain sight and viewed by law enforcement, an arrest can be made.

Q: In El Paso,Tx i am a 17 year old teen ,am i allowed to runaway without the police arresting me?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Texas on
Answered on May 3, 2018
Grant St Julian III's answer
You are not an adult until you turn 18, so you must live where your parents dictate until you become an adult.

Q: Can the police enter my house to arrest me after telling me they had a misdemeanor warrant? I didn't invite them in.

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Answered on Apr 16, 2018
Timothy Denison's answer
If they have a warrant for your arrest and you answered the door or they saw you inside, they can come in for the limited purpose of arresting you. That does not entitle them to search, seize or investigate any further than taking you into custody, though.

Q: What can u do when a hospital officer assaults u breaks your tooth and they got u locked up for retaliation false charge

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Texas on
Answered on Apr 15, 2018
Grant St Julian III's answer
Retain a criminal defense attorney to defend you in the criminal case, and retain a personal injury attorney to file a civil claim against the hospital. Talk with a local attorney as soon as you can in order to preserve any surveillance footage that may be available. Good luck.

Q: What is meant by "except in cases in which the punishment is by fine or imprisonment,"? TX Constitution Art 1 Sec 10

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Answered on Feb 21, 2018
Kiele Linroth Pace's answer
To understand this sentence fragment, you have to read the next bit after the comma ...

Basically it means that felony cases must be formally charged by grand jury indictment, rather than by citation, complaint & information, or some other charging instrument.

Q: MTR burglary of a habitation,i have two sworn affidavits 1victim and perpetrator what motion can I file

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Answered on Feb 11, 2018
Grant St Julian III's answer
You have 2 separate issues. 1) Are the allegations contained in the motion to revoke true, and, 2) before a hearing on the motion is held, can you be granted bond during pendency of the matter. I would have to review the motion to revoke on the first issue, and would have to know the history of your case regarding the second. Are you on probation for a burglary of habitation charge, or are you on probation for another charge, and the motion to revoke alleges a new burglary of habitation?...

Q: If a New Mexico Deputy goes into Texas State and orders citizens and pull a weapon on them . Texas doesn't do anything,

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Answered on Feb 7, 2018
Grant St Julian III's answer
There is a myth about law enforcement not being able to cross State or County lines. If what this Deputy did was legal in New Mexico, then it is legal in Texas. You may contact a personal injury/civil rights attorney in your area and discuss the specific facts regarding any potential civil claim you may have, but from what you describe no violation of the law has occurred.

Q: Explain the right to not be deprived of life liberty or property without due process

1 Answer | Asked in Civil Litigation and Constitutional Law for Texas on
Answered on Nov 17, 2017
Jack Ternan's answer
This is a fairly vague question; however, the phrase means that a person cannot be deprived of life, liberty, or property without due process. "Due process" means a variety of things depending on the situation.

Q: My mother passed away of cancer last year . She willed the house to me but the loan is in her exhusbands name.

1 Answer | Asked in Constitutional Law, Probate and Real Estate Law for Texas on
Answered on Oct 11, 2017
Tammy Lyn Wincott's answer
I'm sorry for the loss of your mother.

Mortgages and probate can get quite complicated. You will need to consult with a probate attorney that also understands about property division in divorce. You also need to obtain a copy of the divorce decree in order for the attorney to review facts of the case.

Q: If a defendant chooses to defend themselves.. Can a judge declared them incompetent without a psychologist or physician

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Answered on Sep 23, 2017
Russ Hunt Jr.'s answer
When a person wants to defend themselves the judge has to decide whether the person is competent in the sense that they understand the system well enough not to hurt themselves too badly. This is different from whether they are competent in the psychological sense.

Being incompetent to represent yourself simply means that you must be represented by a lawyer, and the judge will decide this without input from a psychologist or psychiatrist.

Q: evidence(expert witness testimony)was withheld during a civil trial by lawyer and again by district clerk

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Civil Litigation for Texas on
Answered on Aug 16, 2017
William Head's answer
Too little data and facts to assess this. If the effort is worth it, contact a Texas appellate lawyer, ASAP, before time runs out to appeal, and see if a viable claim exists.

Q: If a first time offender has 3 bonds set at $100,000 $200,000 and $50,000. Can a bond "reduction" set all to $75,000?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Answered on May 15, 2017
Paul Saputo Jr.'s answer
A judge may reduce the bond if her attorney files a motion to reduce bond. It's up to the judge. If she has been in jail over a year, it might be a good time for a judge to consider a bond reduction, especially if the trial delay was the result of the state.

Q: If a woman is 9 weeks pregnant and she wants to leave house, can spouse press charges for stealing unborn baby?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Texas on
Answered on May 9, 2017
Kiele Linroth Pace's answer
No. What kind of question is that? You are just kidding, right? Or maybe the spouse isn't from this country?

Women are people, not property. It is 2017, not 1817.

Q: CPS TOOK MY KIDS WITHOUT A COURT ORDER AND CONTINUES TO HOLD MY KIDS IN FOSTER CARE WITHOUT ORDERS IS THAT KIDNAPPING

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Answered on May 9, 2017
Robert W. Leonard Jr.'s answer
Your first step should be to hire a qualified attorney who can represent you and protect you parental rights. In the meantime, you need to comply with the CPS investigation. In addition, do not engage in criminal behavior, use illegal drugs (including legal drugs which are not prescribed to you), or abuse alcohol or prescription medication prescribed to you. Do not associate with any persons who are doing these things.

A CPS investigation is a very serious matter, and you need an...

Q: Can a person sue a police department for excessive force???

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Texas on
Answered on May 1, 2017
Peter Munsing's answer
Yes but it's difficult. I'd contact the Texas civil liberties union, ask for their "cooperatin attorneys" in your county, they'll give you a free consultation.

Q: Is it true, that states requiring licenses', inspections, etc, is a violation of a constitutional right? I.e the 5th

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Answered on Apr 24, 2017
Kiele Linroth Pace's answer
No, but this is an urban legend that has been going around for literally decades. The people telling you these things don't know what they are talking about and you can get into real trouble by listening to them. Your best bet when dealing with people like this is to just smile and nod and change the subject. If you try to debate the issue, the next thing they will tell you it isn't a real court if the flag has gold fringe. From there you get the bit about how the Illuminati and the...

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