He has been commuting an undisclosed location for 3 months to regain competentcy. No hearing on his mental state until 11/24/23. They will not tell anyone where he is. He has said me and his mother could get info on last case it's on file with court
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023
In situations involving medical negligence or deliberate indifference to a serious medical need while in custody, there might be a potential for legal action based on a violation of the individual's constitutional rights. Specifically, the Eighth Amendment of the U.S. Constitution prohibits... View More 
During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence and prove guilt of defendant; or, is the guilty plea enough to stand alone as evidence of guilt, even if the prosecution has a weak case?
answered on Sep 4, 2023
In some cases—particularly serious felonies—the prosecution must produce evidence to corroborate the plea. This is designed to prevent someone from pleading guilty to a crime they did not commit in order to cover for a relative or friend. It is usually perfunctory.
We are still making payments on it, if that matters.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2023
In Texas, the legality of placing a GPS tracker in a vehicle co-owned by both parties without consent can be complex and involves considerations of ownership, privacy, and consent. When a car title lists both names without "and/or," it typically signifies joint ownership, which might... View More
Stop spotlighting peoples houses, #### pigs. I always also charged with resisting arrest and I have separate cases for each charge. Can anyone help?
answered on Aug 2, 2023
You should hire a criminal defense attorney in the county or nearby county in which you were arrested or charged to determine whether any of your constitutional rights were violated and to obtain the best possible outcome for your case. There are number of general and affirmative defenses and... View More
Is it lies for them to say that and on 07/09/2020 they had already took my rights always from my daughter when I didnt even get no court papers for classes or a far investigation they came and took my daughter with out court papers on the 07/06/2020 what ever they said in this document were lies I... View More
answered on Aug 1, 2023
It could be lies or it could be simply a mistake in the dates. Your best strategy is to hire an attorney experienced in the area of family law in or near the county where you and your daughter were living when she was taken. Usually, when a child is taken into custody by the State, she would be... View More
Is it lies for them to say that and on 07/09/2020 they had already took my rights always from my daughter when I didnt even get no court papers for classes or a far investigation they came and took my daughter with out court papers on the 07/06/2020 what ever they said in this document were lies I... View More
answered on Aug 2, 2023
Is Child Protective Services involved? Did a judge rule that someone else should have temporary custody? If CPS is involved, you likely will be asked to complete a Service Plan or Parenting Plan. That could involve submitting to a psychological evaluation, as well as counseling and parenting... View More
Is it lies for them to say that and on 07/09/2020 they had already took my rights always from my daughter when I didnt even get no court papers for classes or a far investigation they came and took my daughter with out court papers on the 07/06/2020 what ever they said in this document were lies I... View More
answered on Aug 7, 2023
While the dates provided may be fodder for cross examination, any mistakes may not be deemed substantive by the trial court, presuming that a case has been filed. In terms of posting to social media -- you certainly have the first amendment right of freedom of expression. However, our courts are... View More
Ive been doing research for a week now and everything has pointed to Remote Neural Monitoring. I read that I should get an EMF detector device or an app. Once I did that I noticed some of my items that I carry daily such as my knife and hedphones gave off extemely high emf signals (over 1000... View More
answered on Jul 26, 2023
Before wasting time on a consultation with an attorney, you need to determine the correct identity of whomever is causing the phenomenon you are experiencing.
I would recommend seeing a psychiatrist or neurologist to assist you in locating the source and nature of the device(s). They may... View More
can my parents file any order or sue him?
answered on Jul 25, 2023
Yes, you can still date. Since you are 17, you have reached the legal age of consent in Texas to engage in sexual activity. That may not be the best decision for you and your parents may not like you engaging in sexual activity with him. But, legally, you are old enough to make that decision for... View More
What is the proper (legal) way to address this situation and options we can take to stop ex-manager from monitoring cameras at establishment when there is no legitimate purpose. Thank you.
answered on Jul 17, 2023
It may not be legal to allow the former manager who no longer works for the bar to continue to monitor the cameras from home because the former employee no longer has a legitimate purpose. The bar owner should definitely change the passwords and should implement procedures to ensure that the... View More
Can a lawyer withdraw from a civil case (representing 4 people) due to non payment, another lawyer take over the case and then later the first lawyer come back to represent a portion (2 out of the original 4)
Is that prejudicial or conflict in any way that judge would reject? This is in Texas
answered on Jul 13, 2023
Typically, a judge would not interfere unless one of the lawyer's original 4 clients complains. That said, if one of those clients complains that there is a conflict of interest that precludes the lawyer from reappearing only on behalf of 2 of the original 4 clients they previously... View More
Can a lawyer withdraw from a civil case (representing 4 people) due to non payment, another lawyer take over the case and then later the first lawyer come back to represent a portion (2 out of the original 4)
Is that prejudicial or conflict in any way that judge would reject? This is in Texas
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023
A lawyer in Texas can withdraw from a civil case due to non-payment and then be rehired to represent a portion of the original clients. However, the judge may reject the second representation if it is found to be prejudicial or create a conflict of interest. The judge will consider factors such as... View More
When my ex left she told the police a bunch of lies to make it easier for her to leave state with my daughter. Afterwards I was harassed to the point that I wasn't even able to get my belongings from my house because literally every time I was seen I was pulled over and searched. I even fell... View More
answered on Jul 7, 2023
Your rights and remedies in this situation depend upon the particular facts and circumstances of your particular case, and some of those facts may not be within your knowledge at this time.
You should consult an attorney with substantial experience in civil rights litigation. F. Lee... View More
my wifes ex who i have never met or have had communication with up to third party, told the kids that he knows i bought a gun recently and that if i show up to the pick up and drop off that he would call the cops on me. The kids have also told me that he has driven 3 hours to my house that is on a... View More
answered on Jul 3, 2023
In your situation, which involves elements of family law, privacy law, and potentially harassment, here are a few possible steps you could consider:
Document Everything: Maintain a record of all incidents, noting the exact dates, times, and specifics of what happened. This could be crucial... View More
The Affirmative defenses until 2 weeks after it was filed
answered on Apr 19, 2023
If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.
Almost always, the discovery period will... View More
I want to file a new complaint
answered on Apr 13, 2023
It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.
A Title II or Title III claim must de filed within two years of the act complained of.... View More
If a defendant states to his lawyer and in court he wants to go to trial and no deals, how long does the state have to get the case in front of a jury? Especially, if the state has advised the judge at pre trial hearings on 2 occasions they were ready to go to trial only to cancel the day of or a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2023
Speedy Trial is guaranteed by the 6th Amendment. In TX it is Article 1, Section 10 that gives you the same right. The courts must give you a speedy trial. The accused in jail while waiting for trial gets a faster trial then the accused who is out on bond. If you are in jail after 90-120 days since... View More
answered on Mar 17, 2023
There actually is a pending lawsuit against Fox News brought by Dominion Voting Systems arguing that Fox defamed Dominion. This case is set for trial April 17.
Suing a media member for defamation (i.e. libel and slander) is very difficult and expensive. Class action lawsuits are likewise... View More
We was sent eviction papers soon as lease expired we was not late on rent after they filed eviction. Failure to pay lot rent we are buying the home.renting lot sits on in yes communities worlds largest manufacturer community parks for lower income families chance to for them to take advantage... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023
It sounds like you may have a case for fraudulent eviction and other legal issues against Yes Communities and possibly 21st Mortgage. In order to file a class action lawsuit, you will need to find other tenants who have experienced similar issues and are willing to join the lawsuit. It's... View More
due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023
If you believe that your attorney has acted unethically, there are several steps you can take to hold them accountable:
Speak with your attorney: The first step is to try to communicate with your attorney and express your concerns. Ask them to explain why they have not filed the motion and... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
