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Texas Constitutional Law Questions & Answers
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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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Texas on
Q: My step kids have told me things about their father and i would like to see what my options are for my privacy

my wifes ex who i have never met or have had communication with up to third party, told the kids that he knows i bought a gun recently and that if i show up to the pick up and drop off that he would call the cops on me. The kids have also told me that he has driven 3 hours to my house that is on a... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 3, 2023

In your situation, which involves elements of family law, privacy law, and potentially harassment, here are a few possible steps you could consider:

Document Everything: Maintain a record of all incidents, noting the exact dates, times, and specifics of what happened. This could be crucial...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Must I respond to a defendants Affirmative Defenses or wait until discovery I did not even receive the answer with

The Affirmative defenses until 2 weeks after it was filed

John Michael Frick
John Michael Frick
answered on Apr 19, 2023

If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.

Almost always, the discovery period will...
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1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Texas on
Q: What is the statute of limitations on a federal ADA and constitution cause of action dismissed without prejudice to fill

I want to file a new complaint

John Michael Frick
John Michael Frick
answered on Apr 13, 2023

It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.

A Title II or Title III claim must de filed within two years of the act complained of....
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1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: What is the definition of a speedy trial in the state of Texas. How long does the state have to get to trial?

If a defendant states to his lawyer and in court he wants to go to trial and no deals, how long does the state have to get the case in front of a jury? Especially, if the state has advised the judge at pre trial hearings on 2 occasions they were ready to go to trial only to cancel the day of or a... View More

John Cucci Jr.
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answered on Mar 23, 2023

Speedy Trial is guaranteed by the 6th Amendment. In TX it is Article 1, Section 10 that gives you the same right. The courts must give you a speedy trial. The accused in jail while waiting for trial gets a faster trial then the accused who is out on bond. If you are in jail after 90-120 days since... View More

1 Answer | Asked in Constitutional Law, Communications Law and Libel & Slander for Texas on
Q: Could you start a class action lawsuit against Fox News for knowingly lying to people, or is it just free speech?
John Michael Frick
John Michael Frick
answered on Mar 17, 2023

There actually is a pending lawsuit against Fox News brought by Dominion Voting Systems arguing that Fox defamed Dominion. This case is set for trial April 17.

Suing a media member for defamation (i.e. libel and slander) is very difficult and expensive. Class action lawsuits are likewise...
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: How can I hold my attorney accountable for failing to act ethical?

due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

It sounds to me like he is using the threat of a motion to dismiss (which will not necessarily be granted) as leverage in plea bargain negotiations.

If he files the motion to dismiss and ultimately prevails, you win.

If he files the motion to dismiss and loses, you lose that...
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: How can I hold my attorney accountable for failing to act ethical?

due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... View More

James L. Arrasmith
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answered on Mar 11, 2023

If you believe that your attorney has acted unethically, there are several steps you can take to hold them accountable:

Speak with your attorney: The first step is to try to communicate with your attorney and express your concerns. Ask them to explain why they have not filed the motion and...
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2 Answers | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: When is a case number allowed to be changed

My son was arrested for a crime but while in custody waiting for the trial the case numbers were changed

James L. Arrasmith
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answered on Mar 11, 2023

Case numbers can be changed for various reasons, such as administrative errors or if the case is transferred to a different court. However, changing a case number after an arrest and while waiting for trial is unusual and may indicate that there have been significant changes to the case, such as a... View More

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1 Answer | Asked in Divorce, Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What happens if I am suffering of remote neural monitoring/V2K and know who is behind it, what can I legally do?

They are my ex-brother/mother/father in law, legal counsel and potentially a law enforcement agency. This began 4 months after my ex-husband filed for divorce, and has been taking place for 1 year and 7 months (roughly, to my knowledge). Who can help me stop them?

James L. Arrasmith
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answered on Mar 2, 2023

Remote neural monitoring and V2K are not recognized by mainstream science as valid technologies, and there is no evidence that they actually exist or can be used to control or monitor individuals. Therefore, it is unlikely that you are experiencing these phenomena. If you are experiencing symptoms... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: I was incarcerated when my indictment went before a grand jury. I never received my indictment by a warden of the court.

I have spent a lot of time on the law library. Everything that I have read states that after the indictment goes through each process of the grand jury. A true and correct copy is to be delivered by a warden of the court. I think a sheriff or constable ordered buy court to bring to the accused. I... View More

John Cucci Jr.
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answered on Feb 28, 2023

There is a lot to unpack in your question. The bad news is that most of the mistakes made by the District Attorney's Office in Texas, can be fixed, without the dismissal of the case against you. Do not get your hopes up too high.

Nevertheless, there are many rules on the Grand Jury and...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: I was incarcerated when my indictment went before a grand jury. I never received my indictment by a warden of the court.

I have spent a lot of time on the law library. Everything that I have read states that after the indictment goes through each process of the grand jury. A true and correct copy is to be delivered by a warden of the court. I think a sheriff or constable ordered buy court to bring to the accused. I... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you were not provided with a copy of your indictment, it may be possible to challenge the indictment and seek to have it quashed. However, the specific process for doing so will depend on the laws and procedures of the jurisdiction in which you were indicted.

In some cases, a defendant...
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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Texas on
Q: How can i fight false allegations from cps

Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that... View More

John Michael Frick
John Michael Frick
answered on Feb 28, 2023

Any time CPS initiates an investigation of you or your spouse, I strongly recommend you and your spouse retaining separate attorneys to represent each of you.

When choosing as attorney, you need to focus on family law attorneys in or near your county with prior recent experience handling...
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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Texas on
Q: How can i fight false allegations from cps

Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you believe that the allegations made by CPS are false, you have the right to fight them. Here are some steps that you can take:

Document everything: Keep a detailed record of all interactions with CPS, including the date, time, and nature of each conversation. Take notes of what was...
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2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for Texas on
Q: Can a business such as a gym or bar tell my wife that our infant(1month) is not allowed? Consider Chapter 165 H&S code..

We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that a business such as a gym or bar may have policies in place that restrict the presence of infants or young children due to safety concerns or other reasons. However, it is important to check with the specific business to understand their policies and any relevant laws or... View More

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2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for Texas on
Q: Can a business such as a gym or bar tell my wife that our infant(1month) is not allowed? Consider Chapter 165 H&S code..

We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.

John Michael Frick
John Michael Frick
answered on Feb 17, 2023

That’s a very interesting question. You may have to file a lawsuit to find out. A jury probably won’t have any sympathy for a mother who wants to bring a breastfeeding infant to a bar, but it’s probably a question of law for the court to decide.

The breastfeeding statute you cite...
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1 Answer | Asked in Constitutional Law and Civil Rights for Texas on
Q: In Dallas, TX can the police come inside of my hotel room without a warrant, if their probable cause is ..

My boyfriend who stays with me in this hotel room every day came back last night in a truck I’d never seen before, I figured it was his friends truck. The next evening he was leaving the parking lot of this hotel in the truck and the cops tried to stop him because apparently the truck was stolen.... View More

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

If you are a registered guest and of the hotel and hotel staff has not taken any steps to terminate your occupancy, police generally have to secure a search warrant to enter and search your room unless there are exigent circumstances which would justify a warrant less search.

A boyfriend...
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1 Answer | Asked in Personal Injury and Constitutional Law for Texas on
Q: city bus accident were the bus driver shuts the door in my face and pulls away and edit body cam falsified 911 records

How to make them give the information up and is it a violation of my constitutional rights of due process.

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2023

A Texas attorney could advise best, but your question remains open for two weeks and you may be losing valuable time if a public carrier is involved in an injury claim. At this point, consider reaching out to Texas accident attorneys to try to arrange a free initial consult - municipal carriers... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Texas on
Q: Fired using false civil charge & denied due process-14th Amndmt?Is this like Gideon v Wainwright for Automatic Lawyer?
John Michael Frick
John Michael Frick
answered on Dec 28, 2022

Gideon v. Wainwright holds that an indigent defendant accused of a serious crime has the right to a court-appointed attorney at the state's expense.

The right of an indigent person to a court-appointed attorney at the state's expense in a civil case is much more narrow....
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