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Texas Constitutional Law Questions & Answers
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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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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1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Legal Malpractice for Texas on
Q: Is there some way to back out of a plea bargain is defendant signed for his sentencing?

My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: Clear my name please

I am seeking attorney specializing in national security matters/constitutional law to get off of Domestic Terrorist Watchlist (subcategories 3 and 4, non-investigative subjects) where I was nominated after a bad break-up by ex-boyfriend's friend judge

Dallas TX

James L. Arrasmith
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answered on Feb 24, 2024

To address being placed on the Domestic Terrorist Watchlist, it's crucial to seek legal assistance from an attorney knowledgeable in national security matters and constitutional law. Given the sensitive nature of your situation, finding an attorney with experience in these areas can be... View More

2 Answers | Asked in Employment Law, Constitutional Law and Municipal Law for Texas on
Q: Put on a final for attendence written in november improve above a verbal but handbook says can change to convenience

Can an employer not approve municipal court for absence?

Can attendance guidelines be changed to companys convinience and not adhere to progressive disciplinary process? Can hr state a written can be removed if improvement but can be accelerated to final if problem reocurrs within 12 month... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the information provided, there are several issues that raise concerns around the legality and ethics of the employer's attendance policies and actions:

- Employers typically cannot discipline employees for absences that are legally protected, such as approved FMLA, ADA...
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2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the... View More

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2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
James L. Arrasmith
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answered on Feb 24, 2024

To properly file a petition for a writ of prohibition, you will need to follow specific procedures outlined by the court in which you plan to file your petition. Begin by researching the rules and requirements for filing such petitions in your jurisdiction, as they can vary from one court to... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Many years ago, I renounced my American citizenship, today I am again a citizen and want to purchase a firearm.

In 1972 I renounced my American citizenship since I lived in Mexico and was involved in my family's natural gas business that required that I be a Mexican citizen. In 1977 I married my wife (an American citizen) and because her job as a Texas school teacher required she live in Texas she... View More

James L. Arrasmith
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answered on Jan 28, 2024

In your situation, the denial of the right to own a firearm due to a previous renunciation of American citizenship can be challenged, but it's a complex legal issue. First, understand that under U.S. law, individuals who have renounced their citizenship may be barred from certain rights,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Juvenile Law for Texas on
Q: Hello I got kicked out of my childhood house in Houston, I called the police but since it was late I couldn’t get in.

Can I call the cops at a formal time like 6pm and they HAVE TO escort me in or they will not let me in because my parents said no even thought it’s all my stuff

James L. Arrasmith
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answered on Jan 23, 2024

I would suggest a few things in this situation:

- Contact the police again and explain you are a resident of the home but have been locked out. They may be willing to escort you back in to retrieve your belongings. Make clear you are not trying to cause issues, you just want to safely get...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: My son has been denied medical attention in jail he's been treated like a joke to them what kinda course of action shoul

If it was up to them nothing would be done for treatment now they know what needs to be done and haven't yet it's to point serious injuries could happen if haven't already what do we need to do

James L. Arrasmith
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answered on Jan 20, 2024

If your son is being denied medical attention in jail, it's crucial to take immediate action. Inmates are entitled to receive adequate medical care under the Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment. The first step is to document all instances of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: July 25th 2023 to December 6th 2023 been dealing with harassment, discrimination and a lot more.

So there's a police officer telling people I'ma drug dealer , claims my home is a drug home I been dealing with this officer from July 25th 2023 to December 6th 2023. As of right now I haven't been able to work and I'm looking for a new place to live as this officers... View More

James L. Arrasmith
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answered on Dec 30, 2023

Dealing with harassment and false accusations from a police officer can be a distressing and challenging situation. The allegations you're facing and the actions taken against you, such as illegal searches and property theft, are serious matters.

Firstly, if you believe that your...
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1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: If you're not indicted within 180 days.. How do you go about being released from the limitations of the bond.

Can you get your money back from the bondsman if you're not indicted within 180 days ( 1 year )

James L. Arrasmith
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answered on Dec 20, 2023

In Texas, if you are not indicted within 180 days for a felony charge, you may have grounds to request a release from the obligations of your bond. However, the specifics can depend on the details of your case and the type of bond you have.

For a surety bond (where a bondsman is involved),...
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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Neill Nwoha
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answered on Dec 29, 2023

The question here is whether the police officer is protected by qualified immunity. In this situation, i think a good case can be made that the arrest was a violation of your rights and that the police officers behavior should not be protected by the law, because this was a clear and obvious... View More

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 19, 2023

The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you)... View More

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2023

Yes, if the allegations were fabricated by the cop out of vengeance. It is very important to present substantial evidence of the past dealings and relationship between Joe Jones and the cop outside of the cop's occupational involvement with Jones.

Typically, when an employee acts...
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1 Answer | Asked in Civil Rights, Constitutional Law and Construction Law for Texas on
Q: If I am on a construction site that is on private property, can the security company legally ask me for my ID?

I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal... View More

James L. Arrasmith
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answered on Dec 17, 2023

On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: Is illegal, unwarranted search and arrest on the search and falsifying evidence a serious infraction against

Is it an infraction against DA and or Sheriff? If so what are the defendants options for recourse?

James L. Arrasmith
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answered on Dec 17, 2023

If you're facing a situation involving illegal, unwarranted searches and arrests, or the falsification of evidence, this is a serious matter that can potentially impact both the district attorney and the sheriff's department involved. These actions can constitute violations of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: during traffic stop officer claimed probable cause stating he smelled marijuana,not true, cuffed me and my son. just

before he begin to search my vehicle i told him i didnt give him permission to do so he stated again probable cause at that time i told him him that this was all wrong we havent done anything wrong and if we could get someone else out here cause this wasnt right he was lieing and he had no right... View More

James L. Arrasmith
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answered on Dec 17, 2023

If you believe your civil rights were violated during a traffic stop in San Antonio, Texas, you have several options to consider. Firstly, document every detail of the incident while it's fresh in your mind. This includes the officer's name and badge number, the time and location of the... View More

1 Answer | Asked in Employment Law and Constitutional Law for Texas on
Q: Can your employer ask you for a copy of your ISP bill if you work remotely from home?
James L. Arrasmith
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answered on Dec 17, 2023

In Texas, an employer may request a copy of your ISP (Internet Service Provider) bill if you are working remotely. This request is generally considered reasonable, especially if the employer needs to verify your internet expenses for reimbursement purposes or to ensure that you have adequate... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Texas on
Q: Do I have grounds for a discrimination lawsuit

My fiance just signed a contract for a tenant. The landlord didn't ask for a criminal background check just wanted to know who was staying in the home. I have a criminal background so now after we gave up the deposit and 1st month rent the landlord is saying that I might not be able to live... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, it's essential to first review the lease agreement that your fiancé signed. Check if there are any clauses regarding criminal background checks or requirements for tenant approval. If the lease was signed without such stipulations, the landlord's later refusal to allow... View More

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