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Texas Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: if charged with a felony but not convicted. Can the police keep your weapon from prior incident where no charges broug.

I use my gun and self-defense a few weeks before the possession charge. I was considered the victim and no charges were brought against me but now after the drug charged, they will not let me pick up. My weapon is legal and am I allowed to have a family member pick up my weapon signed over to them.... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're going through this situation. Even if you weren't convicted, certain charges can lead to restrictions on firearm possession. The police may hold your weapon based on the nature of the felony charge and any related concerns.

Transferring your gun to a family...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: I shot a dog on my property with my sons pistol , now I think they are going to file charges of felon in possession of

Disregard this question

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

IT depends how long you have been out of prison if you can have a gun at your residence under State law . Under Federal law you can never own a gun anywhere or anytime,

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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Can I report someone to police for letting dogs in the house get loose, knowing there are holes in the fence?

Two pitbull mutts in the house keep being let out into the backyard by someone who 1.)knows they will get out because there are holes in the fence. And 2.) does NOT watch them when they put them out. Both dogs appear dangerous to strangers and bark loudly and aggressively despite never having... View More

James L. Arrasmith
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answered on Oct 9, 2024

Yes, you can report this situation to the police or your local animal control agency. Allowing dogs to escape due to a faulty fence can pose safety risks to your neighborhood. Since one of the dogs has a history of biting household members, it’s important to address the potential danger they... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: If a police arrests you for conduct they incorrectly believe to be illegal, is that a lawful arrest?

Specifically, if you're talking to the person the police are arresting, that does *not* make you guilty of Interference with Public Duties. The statute says that it's "a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged... View More

James L. Arrasmith
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answered on Sep 20, 2024

If the police arrest you for conduct they mistakenly believe is illegal, the key question is whether they had *probable cause*. Probable cause means the officer must have a reasonable belief, based on the facts, that a crime has been or is being committed. If your conduct only involved speech, and... View More

1 Answer | Asked in Constitutional Law for Texas on
Q: An officer called my dying child a freaking dumb dumb on body cam. I made a police complaint but nothing came of it.

He died in a marked crosswalk at 1:32 pm. Driver was not charged or ticketed at all. Needed to be wearing corrective lenses but wasn’t. No sobriety test. Multiple officers asking if he was black. He was Mexican. Why would that matter. Woman checking sobriety only looks at her pupils but wore... View More

James L. Arrasmith
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answered on Sep 12, 2024

I'm deeply sorry to hear about your loss. The conduct of the officer and the handling of your child's case seem to raise serious concerns about professionalism and proper procedures. When an officer makes an inappropriate remark or fails to conduct a proper investigation, it can feel like... View More

1 Answer | Asked in Criminal Law, Communications Law and Constitutional Law for Texas on
Q: I need another Texas court appointed lawyer but was denied .What do I do?

I've been asking my court appointed lawyer to show me the discovery the DA has on me. He ignores me and tells me no. He tells me Im guilty and we begin trial in Sept. Ive been in County jail for two years and not once has he communicated anything with me.

James L. Arrasmith
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answered on Aug 31, 2024

If your court-appointed lawyer isn't communicating with you and isn't showing you the discovery, you have the right to take action. You should first document all instances where you've asked for discovery or tried to communicate with your lawyer, and how they've responded. This... View More

1 Answer | Asked in Estate Planning, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: can trustees of a irrevocable trust be sued?

conned into signing a MOU, experienced malfeasance at the hands of them. subpeonas revealed they committed crimes against me and tried to cover it up. I want to sue them for large monetary damages, it's an irrevocable trust.

James L. Arrasmith
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answered on Aug 31, 2024

Yes, trustees of an irrevocable trust can be sued if they have engaged in wrongdoing. If you were misled into signing a Memorandum of Understanding (MOU) and have evidence of malfeasance or criminal activity on their part, you may have a strong case. Trustees have a fiduciary duty to act in the... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Q: If the police tell you that they aren’t going to charge you with a crime, release you from their custody, and then

Allow you to re-enter your home for 10+ minutes before changing their mind, coming and knocking on your door telling you that you need to come with them because they changed their minds, shouldn’t they have needed a warrant for my arrest at that point?

James L. Arrasmith
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answered on Aug 31, 2024

If the police initially released you from custody and allowed you to return to your home, then changed their minds and asked you to come with them again, the situation can be complex. Generally, once you are released and back in your home, the police might need a warrant to arrest you again,... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Texas on
Q: Need a Civil rights attorney
Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

A Texas attorney could advise best, but your question remains open for a week. If you are seeking an attorney, it could be difficult for attorneys here to reach out to you - this part of the site is for quick Q & A. There is another section of this site (see the tab above, "Find a... View More

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1 Answer | Asked in Constitutional Law and Military Law for Texas on
Q: If I fill out an affidavit to retrieve my firearms back will they give them to me? Not a felon or anything

When I was in the military 2 years ago I got my firearms confiscated from me at the gate in Fort Hood for possession of marijuana and firearms. I was not charged or trialed and got out with an honorable discharge and haven't seen a court room. I ran my background check and I come back clean... View More

James L. Arrasmith
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answered on Aug 15, 2024

You have a good chance of retrieving your firearms, especially since you were not charged or convicted of any crime, and your background check is clean. Since the firearms were legally purchased and you have the proper paperwork, this strengthens your case.

Filling out an affidavit is a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Texas on
Q: Is this true if you are a 18 year old student the Texas education code 37.004 doesn't can't be used.

A 18 year old student receiving special education services removed/incarcerated

James L. Arrasmith
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answered on Jul 20, 2024

No, Texas Education Code 37.004 can still apply to an 18-year-old student receiving special education services. Even if you are 18, if you are still enrolled in school and receiving these services, the protections and procedures outlined in this code remain relevant.

If you are removed or...
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2 Answers | Asked in Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Please let me know as soon as you can.
Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

Part of your question may have gotten left off. Try reposting - something is missing. Good luck

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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. 10 years ago, no trouble at all since.

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 Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My son was diagnosed with schizophrenia and convicted. Medical was ignored. Can anything be done?

Attorney was made aware and records were available but he refused to look at them. My sons condition was known to this judge from previous situation. The charges were extreme considering the facts. In TDCJ his medication had been stopped. He had a relapse of symptoms and officer was told this. Was... View More

James L. Arrasmith
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answered on Mar 28, 2024

I'm deeply sorry to hear about the challenges and injustices your son has faced. It sounds like a difficult situation where the legal and medical needs of someone with a mental health condition have not been adequately met. It's crucial to advocate for his rights and ensure he receives... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: I need some help with police brutality
James L. Arrasmith
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answered on Jan 29, 2024

If you're dealing with a potential case of police brutality in Dallas, Texas, it's crucial to take specific steps to address the situation effectively. First and foremost, ensure your safety and seek any necessary medical attention for injuries sustained during the incident.... View More

1 Answer | Asked in Traffic Tickets, Criminal Law and Constitutional Law for Texas on
Q: I was initially stopped for a traffic citation that resulted in an arrest for possession of a controlled substance.

Two officers approached the passenger window and asked for our ID’s. They informed me of the traffic violations annd immediately asked me to get out and sit in the patrol car while they wrote them up. I did so after declining their request to search me and the vehicle.

Sitting in the... View More

James L. Arrasmith
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answered on Dec 17, 2023

Your rights during a police search are critical, and any potential violation of these rights could impact the outcome of your case. Legal representation will help you navigate these complex issues and ensure your rights are protected throughout the legal process.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: I am a victim in a sexual assault case in Texas. Cops have had my phone 3 days, how do I get it back??

The police didn't have a warrant for my phone. I was supposed to get my phone back the next day, its been 3 and nobody i've talked to knows where my phone is or where I can go to find it. Can the police legally keep my phone as long as they want or do I have the right to get my phone back?

James L. Arrasmith
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answered on Nov 13, 2023

In Texas, as a victim in a sexual assault case, you have certain rights regarding your personal property, including your phone. If the police took your phone without a warrant, they may still keep it temporarily if it's considered evidence or relevant to the investigation.

However,...
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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

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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

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