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Texas Constitutional Law Questions & Answers

2 Answers | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Texas on

Q: How can police arrest me because I refused to sign a ticket I know I did not do.by what I read ealyer they don't need it

Grant St Julian III answered on Jun 8, 2019

Tickets are class c misdemeanors, and an officer has the right to arrest an individual charged with a class c misdemeanor (except for speeding), take them to jail, make them appear in front of a judge, have a bond amount set, then post bond. Local jails, however aren't big enough to have everyone... Read more »

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on

Q: How long does The State have to take u to court. I was told i had a warrwnt by a bondsman. I was release frim jail by

By the judge at arraignment. She said there were to many indescripences in my case. Then 3 weeks later the bondsman called the judges office and they issued me a bond. I did a walk thru at the jai. That was in january this year. But i havent hear from any court appointed attorney or anything.l... Read more »

Kiele Linroth Pace answered on May 29, 2019

Two years on most misdemeanors and three years on most felonies... however there are some exceptions. The only way to be 100% sure is to check the statute of limitations in chapter 12 of the Texas Code of Criminal Procedure.

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.12.htm...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Texas on

Q: what kind of lawyer do i need to talk to when i NO THAT THE POLICE ARE LYING ABOUT WHAT HAPPEN IN A DEADLY SHOOTING?

the police shot and killed my boyfriend and what they are saying isnt true about how things went down. and i no for a fact the police stole his wallet and the money that was in it...

Gary D. Peak answered on May 6, 2019

First, what evidence do you have showing it didn't happen the way they claim? Witnesses? Video? As you see online all the time, there are video's showing law enforcement using deadly force when not necessary, or using excessive force against citizens. But, before an attorney is willing to spend... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on

Q: Q: If there is a recording device inside of a bag with marijuana, can police warrantlessly listen to recordings on it?

Roy Lee Warren answered on Mar 18, 2019

It may depend on whose bag it is but generally, no, they must have probably cause to open the bag. Once the bag has been opened the MJ would give them probable cause. But the US Supreme Court is currently to rule on whether the police have the right to search cell phones. That may change things.

3 Answers | Asked in Criminal Law, Constitutional Law and Construction Law for Texas on

Q: What is the law regaurding witness testimony when the witness admitts to being on and using drugs?

Gary Kollin answered on Feb 12, 2019

It will be one of the factors the jury will considered when evaluating the credibility of the witness’ testimony

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on

Q: I was detained while in line paying for gas. I was accused of give a fake 20$ to the clerk. I asked to see the money was

Told nothe officer told me to step outside so he could make a report. We get to

His car and he puts me in back seat. I was arrested on a warrant fot a seat belt ticket. My husband had been hold my bag then he sat it down on side walk where it was left for like 15 mins. People were coming... Read more »

Daniel John Christensen answered on Feb 12, 2019

I am sorry to hear about your experience. I would suggest you contact a Board-Certified Criminal lawyer as soon as you can. We are Board Certified lawyers, however, we handle personal injury matters. If we can ever help you, please feel free to give us a call. 512-888-9999. Good luck.

2 Answers | Asked in Civil Rights, Constitutional Law and Education Law for Texas on

Q: So in the Meyer v Nebraska case why was it ruled unconstitutional and what evidence did they have to prove that

I'm doing a project for school where I have to defended Meyers while a classmate of mine defends the State of Nebraska. I need 3 top pieces of evidence proving what they did was unconstitutional.

Gary Kollin answered on Feb 7, 2019

Cool Simon. They deal with assignment is for you to do the work not to ask someone else to do it for you.

This is a public forum. I hope for your sake that your teacher does not also utilize this forum and discover your question.

This sounds like a violation of the honor code to me

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1 Answer | Asked in Constitutional Law and Criminal Law for Texas on

Q: What constitutes innocence vs guilt?

When there are "two child advocacy video statements" made within three weeks apart of each other, with two different interviewers and by the same allege victim, which "video statement" holds the weight of credibility for the jury to determine guilt or innocence?

Kiele Linroth Pace answered on Feb 5, 2019

Assuming both videos are shown to the jury, they will decide how to weigh the credibility of each recording. Expect each side to argue for the relative importance of their preferred video... or sometimes you'll see one side focus on the similarities between the two recordings and the other side... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Texas on

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

Kiele Linroth Pace answered on Nov 17, 2018

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...
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1 Answer | Asked in Criminal Law and Constitutional Law for Texas on

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

I was pulled over and given a warning for not having a front license plate. The officer gave me a warning but said he had to contact the state I am wanted in to see if they wanted to extradite. They said yes and I spent 4 days in jail but they never came to get me

Gary Kollin answered on Sep 20, 2018

Count your blessings that the other state chose not to seek your extradition

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on

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

tiny hamburger served at each meal. and its warmed in another room after being taken out of package. wrapped in brown paper towel and set on the bars or food service slot. I was there for 3 days and not one time was it cleaned so no doubt the bars are unsanitary. And I was so hungry. upon release I... Read more »

Roy Lee Warren answered on Aug 30, 2018

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.

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Animal / Dog Law for Texas on

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

The current fence between my neighbor and I is 6-8ft tall and has a rod iron opening in the middle of it. Sense acquiring the property instantly I noticed the neighbors windows see directly into my entire back yard and I have absolutely no privacy. On several occasions the neighbor's let me know... Read more »

Tammy Lyn Wincott answered on Aug 6, 2018

You will need to check with your HOA and your City Development Department for the codes on fences.

1 Answer | Asked in Real Estate Law, Criminal Law and Constitutional Law for Texas on

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

Then there is a hallway with what considered my back door that leads to the hallway with a restroom and then another door that leads to another bedroom and in his hallway is another door that leads to outside the only thing shared that me and the other unit B share is the restroom in the hallway... Read more »

Grant St Julian III answered on May 15, 2018

If contraband is in plain sight and viewed by law enforcement, an arrest can be made.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Texas on

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

Grant St Julian III answered on May 3, 2018

You are not an adult until you turn 18, so you must live where your parents dictate until you become an adult.

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on

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

I didn't invite them in but the cops entered my home an arrested me while I was asking what the warrant was for?

Timothy Denison answered on Apr 16, 2018

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.

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on

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

Kiele Linroth Pace answered on Feb 21, 2018

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.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on

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

Both affidavit stated that I had nothing to do with the burglary of a habitation what motion can I file to get a bond

Grant St Julian III answered on Feb 11, 2018

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... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on

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

I called FBI, state police , Texas rangers, governors, no one interviewed me, except the mental health services, now they have been using synthetic telepathy to integrate , harassing, threats against me and telling me to drop the lawsuit,and I'm not sure if I have one. I am being discriminated... Read more »

Grant St Julian III answered on Feb 7, 2018

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... Read more »

1 Answer | Asked in Civil Litigation and Constitutional Law for Texas on

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

Jack Ternan answered on Nov 17, 2017

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.

1 Answer | Asked in Constitutional Law, Probate and Real Estate Law for Texas on

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

If the deed is in her name if I probate will it go in my name so I can sell the house

Tammy Lyn Wincott answered on Oct 11, 2017

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...
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