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Texas Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Texas on
Q: If a woman is 9 weeks pregnant and she wants to leave house, can spouse press charges for stealing unborn baby?
Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2017

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.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: CPS TOOK MY KIDS WITHOUT A COURT ORDER AND CONTINUES TO HOLD MY KIDS IN FOSTER CARE WITHOUT ORDERS IS THAT KIDNAPPING

if cps is severely breaking the law as well as violating several constitutionaly protected rights by keeping my kids in foster care 45 days without any paperwork what so ever what can be done to get my kids immeadiately returned or can i call police and file charges they are bound to laws just as... View More

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on May 9, 2017

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),... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Texas on
Q: Can a person sue a police department for excessive force???

We have evidence about this incident

Peter N. Munsing
Peter N. Munsing
answered on May 1, 2017

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.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Is it true, that states requiring licenses', inspections, etc, is a violation of a constitutional right? I.e the 5th

Amendment.... violating a right Such as the right to travel.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 24, 2017

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... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: If 4 guys went out to gank a cab driver and the driver get shot and die can the DA use the guys as witnesses against one
Paul Saputo Jr.
Paul Saputo Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2017

Yes of course.

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: What motion is needed using summary dismissal / no probable cause illegal search and seizure.

I'm representing myself

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 2, 2017

There is an old saying, "a lawyer that represents himself has a foolish client."

Your question conjoins civil and criminal law and reveals a fundamental misunderstanding of 4th amendment jurisprudence. This is not a DIY project. You wouldn't read a wikipedia page about the...
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1 Answer | Asked in Child Custody, Family Law, Constitutional Law and Legal Malpractice for Texas on
Q: What are some motions that I can file in Texas for child custody when the state has tmc i go to trial next month,

They took tmc for allegations of drug use without ever even giving me a drug test and at my 262 hearing I tested clean but the judge continued anyway said it was because of my history my case worker calls me maybe one a month she also told my therapist not to schedule me a session until I submitted... View More

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 30, 2017

You need to hire a family law attorney to represent you in Texas. The state is very serious about protecting children and about following their instructions and abiding by their rules. If you want to be sure your parental rights are protected, contact an attorney right away. This is not a matter... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can you legally force someone to send back provocative pictures from prison that I took of myself?

Ex wont send back pictures that I took of myself from prison.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 27, 2017

No, but be clear that you do not consent to the Ex sharing it with anyone else. There is a criminal offense named "Unlawful Disclosure or Promotion of Intimate Visual Material" that the Ex could be prosecuted under if it is distributed to others against your consent.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: in Texas if you quash indictment for errors can they if there were fatal errors in the enhancement clause
Robert Sterling Guest
PREMIUM
Robert Sterling Guest
answered on Mar 20, 2017

Quashing an indictment is a complicated issue. Without seeing the indictment it's impossible to tell you if it can be quashed. You need to take the indictment to a lawyer so that person can review it and offer some real legal advice.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: TX quashing felony indictment. Errors. Of facts in the enhancement clause of indictment ,reindictment/or matter quashed

Manf/delay indictment enhancement for penalty increasee states convictions without dates or any other info one conviction stated is false...2nd conviction committed prior to the first conviction being final..not eligible to use for enhancement..if I file a motion to quash indictment for the error... View More

Robert Sterling Guest
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Robert Sterling Guest
answered on Mar 20, 2017

You need to hire a lawyer. Don't try to file your own writ or Motion to Quash. If you care about the outcome have an experienced professional help.

1 Answer | Asked in Constitutional Law, Contracts, Criminal Law and Civil Litigation for Texas on
Q: Texas Rules of Civil Procedure rule 103 Sanctions for violation of rule 103

An individual attempted to, what he called "serve papers" (Non-Court issued papers) and physically attempted to take property he alleged was his employer's company property. This individual aggressively drove his large Ford pickup behind the vehicle I was in and prevented two of us... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 27, 2017

Civil Sanctions? Aim higher. Try the Texas Penal Code instead!

Start with the offense of Robbery under PC 29.02(a)(2) then consider a motor vehicle can be a deadly weapon and if "uses or exhibits" applies, and I suspect it would, that would get you up to Aggravated Robbery PC...
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1 Answer | Asked in Immigration Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: Is this a legal seizure/forfeiture in regards to alien smuggling?

Border Patrol officers catch 3 undocumented immigrants in near the border. The officers used one of the immigrants' phones and called the smuggler who sent them across the border. Agents posed as one of the immigrants and asked what to do next.

The smuggler gave them the description of... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jan 21, 2017

The forfeiture can be challenged in court. You need a criminal attorney.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Can an officer reach into a person's empty pant pocket while conducting a weapons frisk prior to making an arrest?

Person gets pulled over for a purported traffic violation. Person does not have their DL on their person at the time & is unable to produce any form of ID upon officer's request. Officer asks person to step out of vehicle. Then asks if ok to do a "weapons pat down". Person... View More

Paul Stanko
Paul Stanko
answered on Sep 24, 2016

A weapons frisk is unlikely to be suppressed. Were you driving while suspended or without a license? There are a lot of factors to be considered.

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: If you did a beer run and store worker tried stopping you by blocking the door and you hit her and she hits you back an

You run outside away from the store clerk and then another store worker grabs a baseball ball bat from behind the counter and gives it to a costumer and strikes me with it.. wut kind of case is this

Jodi Soyars
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Jodi Soyars
answered on Sep 9, 2016

It is called robbery and is a second degree felony. It can jump to a first degree felony if it is aggravated because of serious bodily injury, it is done to someone over 65 or involves a deadly weapon.

1 Answer | Asked in Criminal Law, Immigration Law, Constitutional Law and Federal Crimes for Texas on
Q: If a person has been taken custody by the US marshalls and has not been prosecuted is that person allowed a phone call?
Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 27, 2016

Depends on why he was taken in custody.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot...
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1 Answer | Asked in Constitutional Law for Texas on
Q: Would a Writ of Habeas Corpus pending for more than 27 months constitute a violation of due process?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 5, 2015

No. I assume that you mean a federal petition under 28 USC Sect. 2241. It's discretionary. The judge doesn't have to do anything if he or she sees no merit to it.

1 Answer | Asked in Constitutional Law for Texas on
Q: In the case of Ohio v. Robinette - 519 U.S. 33, what primary source of law is the Court interpreting in this case?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Read this link: https://en.wikipedia.org/wiki/Ohio_v._Robinette

1 Answer | Asked in Constitutional Law for Texas on
Q: What are some common cases on the right to a fair trial?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Common cases? You just want a few? There are thousands. This is a huge subject and in order to answer it, an attorney would have to do a bit of legal research. There are now huge databases of cases and you can find a lot of them if you know how to do legal research. Perhaps just doing an internet... View More

1 Answer | Asked in Constitutional Law for Texas on
Q: How do i obtain a writ of habeous corpus?

My brother was arrested on capital murder charges and is in jail but has never been brouhgt befor a judge. This was 4 months ago

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

By petitioning the proper court for the writ, upon proper gounds.

1 Answer | Asked in Constitutional Law for Texas on
Q: Supreme Courts decision Gideon v Wainright. Why did they decide that the Right to Counsel should be extended to felony
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Here is something, a link, which might help to understand your question: https://en.wikipedia.org/wiki/Gideon_v._Wainwright

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