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Texas Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Why would a DA offer time served on a POSS CS PG 1/1-B >=4G<200G On his first plea offer when defendant served 4 hrs

Bonded out in 4 hrs and feel defendants 4th amendment rights were violated

.

T. Augustus Claus
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answered on Oct 27, 2023

The decision by a District Attorney (DA) to offer time served on a charge of drug possession, especially on a first plea offer, can stem from various factors. These might include the nature of the case, the strength of evidence, the defendant's background, and potentially even the... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: This is so confusing , I was 100% not doing anything wrong and the next thing you know it I had 2 unlawful arrest

So left the job site went to work 3 employees with me , after the job we did I dropped off one guy at home than drove to my bosses and we pulled up and got out the vehicle and a police officer parked behind us out of no where I guess my co worker had a warrant and took off running the officer... View More

James L. Arrasmith
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answered on Oct 15, 2023

It sounds like you've been through a challenging situation. In matters involving unlawful arrest, it's critical to ensure that your rights are protected. To navigate this, you should retain an attorney experienced in criminal defense or civil rights. Document all details of the event,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Nursing Home Abuse and Real Estate Law for Texas on
Q: A veteran that did three tours in Afghanistan as a marine came home and immediately went to work as an amazing police

Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him,... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: ipoted bail on felony andfiled motion forexaminingtrial hearing before indictment andcourt returned no actiontaken

does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)... View More

James L. Arrasmith
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answered on Oct 15, 2023

Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Constitutional Law for Texas on
Q: If a person has a bag of marijuana in there shoe and are stopped, how can they be charged with tampering?

If a person has a bag of marijuana in their shoe and is stopped, how can they be charged with tampering? Wouldn't this fall under the category of if the officer does a proper search then they will find the item but if the item is already in the shoe, technically there is no evidence of... View More

James L. Arrasmith
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answered on Oct 15, 2023

If a person is stopped by law enforcement, and during a proper search, a bag of marijuana is found in their shoe, the charge of "tampering" may be applied if there is evidence to suggest that the individual attempted to conceal or hide the marijuana in a way that obstructed the search or... View More

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2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do I motion the court for discovery specifically the arresting officer's report?

On 3/23/2023 I was pulled over for not having plates on my private automobile. Sheriff's deputy requested driver's license and insurance documents. When I asked why he threatened me by saying if I didn't provide those documents he would break my window arrest me. I again told him I... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

File a motion asking for the arresting officer’s report. But don’t expect it to describe your encounter quite the same way you recall it.

Personally, I’d ask for the bodycam video.

And you don’t have a right to drive your private automobile on public roads without license...
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2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do I motion the court for discovery specifically the arresting officer's report?

On 3/23/2023 I was pulled over for not having plates on my private automobile. Sheriff's deputy requested driver's license and insurance documents. When I asked why he threatened me by saying if I didn't provide those documents he would break my window arrest me. I again told him I... View More

James L. Arrasmith
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answered on Oct 15, 2023

To obtain the arresting officer's report, you should file a motion for discovery with the court handling your case. Ensure you reference your case number and clearly specify the documents you seek, in this instance, the arresting officer's report. It's advisable to use the... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: My boyfriend suffered the loss of a testicle due to jail not sending him to emergency room. Can we sue

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Texas on
Q: During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence?

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?

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Car title says my name and her name, no "and/or". Is it illegal for her to put a gps tracker in it without my consent?

We are still making payments on it, if that matters.

T. Augustus Claus
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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

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: I’m being charged with disorderly conduct by language cause I walked past a police suv and said…

Stop spotlighting peoples houses, #### pigs. I always also charged with resisting arrest and I have separate cases for each charge. Can anyone help?

Vonnie Clay Dones III
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Vonnie Clay Dones III
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

Q: Hi I have a question if I can proof that they took my daughter on 07/07/2020 but a court papers said 07/08/2020 (lies)

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

Elisa  Reiter
Elisa Reiter
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

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Q: Hi I have a question if I can proof that they took my daughter on 07/07/2020 but a court papers said 07/08/2020 (lies)

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

Elisa  Reiter
Elisa Reiter
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

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Q: Hi I have a question if I can proof that they took my daughter on 07/07/2020 but a court papers said 07/08/2020 (lies)

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

John Michael Frick
John Michael Frick
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

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1 Answer | Asked in Constitutional Law and Federal Crimes for Texas on
Q: I have video proof of my intestines, headphones and objects around me emitting strong emf signals.

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Texas on
Q: if my boyfriend is 18 and im 17 but were less than a year apart and have been dating for over a year can we still date?

can my parents file any order or sue him?

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Employment Law, Communications Law and Constitutional Law for Texas on
Q: Bar. Cameras posted throughout. Manager quits has passwords. Cont to monitor cameras (visual/audio) from home. Legal?

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.

John Michael Frick
John Michael Frick
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

3 Answers | Asked in Constitutional Law and Civil Litigation for Texas on
Q: Lawyer withdraws and be rehired for same civil case in Texas

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

James L. Arrasmith
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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

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3 Answers | Asked in Constitutional Law and Civil Litigation for Texas on
Q: Lawyer withdraws and be rehired for same civil case in Texas

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

John Michael Frick
John Michael Frick
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

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1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Texas on
Q: If the local cops harassed me and ignored my rights and several occasions how do I find a lawyer and how long do I have

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

John Michael Frick
John Michael Frick
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...
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