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Texas Constitutional Law Questions & Answers
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

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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

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 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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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

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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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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

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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 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

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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

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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

Q: What type of attorney do I need to file law suits on those who illegally and knowingly let another assume my nok rights

I want to make the parties involved accountable for the pain and suffering im living day to day after my sons death. I spoke to all parties..i signed release of body for cremation yet they let another person step in and

assume my role. They then told all parties not to speak to me or... View More

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answered on Mar 24, 2024

In a situation like yours, where you're dealing with issues around next of kin rights and the legal aftermath of a loved one's death, you would benefit from consulting with an attorney who has experience in family law and estate matters. This type of lawyer can help you navigate the... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Texas on
Q: I want to know how an old charge effects my gun rights in Texas

I had a misdemeanor DV 8 or so years ago in Nevada. The PD gave me a plea deal to get out of jail if I gave up my gun rights. I agreed because I was young and it was an easy way to get out of jail. I moved out of state to TX shortly after that to get away.

One of the clauses was to do some... View More

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answered on Mar 24, 2024

Your situation sounds challenging, but understanding the legal implications is the first step towards resolution. In Texas, as in many states, a conviction for a misdemeanor domestic violence charge typically affects one's gun rights. This is because federal law, namely the Lautenberg... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Internet Law and Libel & Slander for Texas on
Q: can a local police department say false things about you on social media? Making it look like you committed a crime?

I was accused of something on social media by local department and it was not like they said it happened. no. charges filed but the it made me look like i was still guilty . I wàs defended in comments and even after things were over they chose to lie and make me look like a thief still and... View More

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answered on Mar 8, 2024

If a local police department has posted false or misleading information about you on social media, suggesting you committed a crime when no charges have been filed, it's essential to address this matter seriously. The police are expected to adhere to standards of accuracy and fairness,... View More

1 Answer | Asked in Constitutional Law for Texas on
Q: Article II, Section I, Can Congress remove P/V.P. with a Case for Removal? " In Case of the Removal of the President..."

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of... View More

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answered on Mar 7, 2024

Article II, Section 1 of the United States Constitution indeed outlines the process for the succession of presidential power in the event the President is unable to fulfill their duties due to removal, death, resignation, or inability. This clause ensures the continuity of governmental operations... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: I contacted the police about stolen items for my brother, but I want to be able to get them back or paid back

my brother stole my dad‘s ashes from me and my computer and I contacted the police and wanted to press charges but I don’t think if he goes to jail that he’s required to give it back but I would like it back and want to do anything I can but I need a lawyer pro bono

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answered on Mar 7, 2024

When you've reported stolen items, including something as irreplaceable as a loved one's ashes, to the police, you've taken a critical first step in seeking justice. However, criminal charges often focus more on penalizing the offender than on the recovery of stolen items. To address... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Mistakes made on bond conditions , which cause loss of employment and incarnation

Impeding breathing case which was dropped, cause loss of employment. Court also made mistake on bind conditions

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answered on Mar 6, 2024

When facing legal issues that lead to loss of employment and wrongful incarceration, particularly due to mistakes in bond conditions or charges that were eventually dropped, it's essential to seek legal assistance promptly. An attorney with experience in criminal defense can help navigate the... View More

2 Answers | Asked in Constitutional Law for Texas on
Q: Do a passenger riding in a car have to present a id To police

The driver had violet ID that violet insurance there was no probable cause the officer said he stopped us for no seat belt which we had on seat belts

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

If the officer initiated the stop on the ground that you were not wearing a seatbelt as a passenger in the car, you are obligated to show your ID upon request, even if you disagree about whether you were wearing a seatbelt.

If an officer initiates a traffic stop based on alleged unlawful...
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2 Answers | Asked in Constitutional Law for Texas on
Q: Do a passenger riding in a car have to present a id To police

The driver had violet ID that violet insurance there was no probable cause the officer said he stopped us for no seat belt which we had on seat belts

James L. Arrasmith
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answered on Feb 26, 2024

Whether a passenger in a car must present an ID to police during a traffic stop can vary based on the jurisdiction and the specific circumstances of the stop. Generally, the law requires drivers to provide their license, registration, and proof of insurance when stopped by police. However, the... View More

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