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Texas Gov & Administrative Law Questions & Answers
1 Answer | Asked in Civil Litigation, Constitutional Law, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer that I have used before represent the other party

I am suing a company and the lawyer that is representing them is a lawyer I have used in the past

Tim Akpinar
Tim Akpinar answered on Jul 29, 2020

A Texas attorney could answer best, but your question remains open for two weeks. It's difficult to address such a situation with a quick response. Aside from applicable Texas rules for attorneys, it could hinge on what you used the attorney for in the past, what she or he knows about you, any... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer I have used in the past be hired by the other side
Tim Akpinar
Tim Akpinar answered on Jul 25, 2020

A Texas attorney could advise best, but your question remains open for a week. As a GENERAL matter, it could be conflict, maybe not be the readily apparent type where an attorney could not simultaneously represent two parties of opposed interests in the same transaction (such as both sides in a... Read more »

1 Answer | Asked in Copyright, Tax Law, Cannabis & Marijuana Law and Gov & Administrative Law for Texas on
Q: What is my entity type if I’m running an online smoke shop?

Any other legal advice about starting an online smoke shop

David Ostrove
David Ostrove answered on Jun 28, 2020

Based on what you have stated, you are probably a sole proprietorship.

1 Answer | Asked in Criminal Law, Federal Crimes, White Collar Crime and Gov & Administrative Law for Texas on
Q: Can I hold a code enforcement official accountable for making false accusations, criminal

Code enforcement made a false accusations and had our water turned off,his accusation was that there was a water source going into a RV that is used as storage,he went as far as to say that he had pictures, which he couldn't of had because there is no water going into or out since it was... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 23, 2020

The offense of TAMPERING WITH GOVERNMENTAL RECORD is defined in chapter 37 of the Penal Code which is available online here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.37.htm#37.10

There might be a problem proving that it was intentional rather than accidental or negligent. Also, a...
Read more »

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Immigration Law for Texas on
Q: Is there any issue with permanent residents accepting government aid?

If a permanent resident accept FAFSA gift aid, is there any possibility the government will inquire it back? For example if the government gifted me $4000 could they charge it back?

Robert Roy Klein
Robert Roy Klein answered on Apr 21, 2020

Permanent residents may receive FAFSA. There might be other reasons that they might want you to pay it back, like for fraud. As for you being a permanent resident, it won't have any effect on citizenship.

1 Answer | Asked in Car Accidents, Gov & Administrative Law, Insurance Defense and Small Claims for Texas on
Q: Is it possible to sue Texas DPS for negligence ?

After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this... Read more »

Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

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1 Answer | Asked in Family Law, Adoption, Civil Rights and Gov & Administrative Law for Texas on
Q: where is the policy for bringing up another lawsuit after one is dismissed

i was thinking it takes a year for family or civil

Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

A Texas attorney is best qualified to answer this question, but you await an answer for three weeks. As a GENERAL premise, if a matter is dismissed on the merits (for something substantive - not something technical such as "this is the wrong court, you must bring your action in a different... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: How can a so called charge from the seventys hold up a arrainment hearing no related.

I'm 61 in real trouble for first time in my life. I'm told back in 70's I had a charge for something to do with stealing property out of a car. First I've heard of it so I told them just that. My current sentencing has been delayed until more info fount saying I was charged .... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 27, 2020

You must have this conversation with your attorney; no one in this forum has any idea who told you about, "back in 70's (there was) a charge for something to do with stealing property out of a car". Good luck.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Personal Injury for Texas on
Q: Cps altered my drug test, how would I figure out if that illegal and can I sue
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 2, 2020

Questions about lawsuits against the government or its employees should be posted under the Civil Rights topic heading.

Government employees enjoy Sovereign Immunity for mistakes made in the performance of their official duties so you would need to be able to PROVE that it wasn't a...
Read more »

1 Answer | Asked in Immigration Law, Real Estate Law, Business Law and Gov & Administrative Law for Texas on
Q: Hi, I've been deported twice from the U.S , I was under age both times.. (Check more information plz)

Hi, I've been deported twice from the U.S , I was under age both times, because I went with my parents. Let's say I start a company, and it goes very well... I mean multi-billionaire company, and I want to open a subsidiary company there, is there a chance for the immigration to approve it?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

Not enough information. If the most recent entry was after April 1, 1997, then you may be subject to INA 212(a)(9)(C). If the most recent entry was before April 1, 1997, then you aren't subject to that section. Also, if the second entry was with inspection, you might not be subject to 9C.... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Same thing, sorry needed to say one more thing

After the UA, I was ordered to enroll in a program I'd have to attend twice weekly, in addition to 2 NA meetings/wk. I was able to find a nearby NA group, which I've been attending. But the other program is 25 miles away from me, I no longer drive b/c of my illness, & the nearest... Read more »

Paul Looney
Paul Looney answered on Nov 14, 2019

You are clearly willing to work on your drug issue. It appears you are a Probation officer's most challenging case: a probationer in need of help who is trying to get the help, who cannot because of money! You can tell your PO that "back sliding" is the most prevalent issue facing... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Landlord - Tenant for Texas on
Q: The search and arrestcwarrant given to me at the time of search does not have an address nor namevon it. Is it valid?

There was drugs found in the home. Does this mean it cannot be used as evidence if the warrant does not contain the address or a description of the residence to be searched?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 26, 2019

Don't worry, if the defendant has a decent criminal defense attorney then the search warrant will be carefully examined for defects and the existence of warrant exceptions will be properly considered. I don't want to say more than that because this sounds like it could be a homework... Read more »

2 Answers | Asked in Gov & Administrative Law for Texas on
Q: Why politics is allowed on impeachment proceedings
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 26, 2019

You did not clearly state your question.

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: What does final plea hearing & deadline mean in a criminal case in Criminal courtroom 1 in El Paso County Texas mean?

My son has been incarcerated for nearly a year there he's been set for trial three times now every time we get ready to go to trial it gets pushed forward 6 months we're not seeing any justice in this matter what is the problem I am confused as to what final deadline interprets in there... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 16, 2019

I am not aware of any LAW that says a trial can only be postponed three times or for one year ... perhaps the judge said the she is not willing to grant any additional continuance.

3 Answers | Asked in Elder Law, Estate Planning and Gov & Administrative Law for Texas on
Q: Can a Son of a terminally ill parent that is not of their right mind have a document signed to sell the parents home?

Even when close friends know it is not her wish.

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 4, 2019

If a person's dementia has progressed to the point that she lacks legal capacity to contract, the contract is void and the attempt to profit from it is exploitation of an elderly person, a first degree felony in Texas. Contact APS.

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1 Answer | Asked in Workers' Compensation, Business Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Does making False statements to OSHA qualify as violation of the False Claims Act?

e.g. if Someone makes false statements to an administrative agency of the United States in order to get out of a fine, will this qualify to be potentially prosecuted under the False Claims Act (31 U.S.C. 3729 et seq.) in addition to qualifying under other appropriate federal laws?

Roy Lee Warren
Roy Lee Warren answered on Jul 29, 2019

I am sorry but this does not appear to be a wc type of question. Also most wc cases are governed under state law, not federal. However, according to the state wc laws a person can be prosecuted for fraud if they knowingly lie to obtain benefits. I'm not sure if that answers your question but I... Read more »

2 Answers | Asked in Consumer Law, Contracts and Gov & Administrative Law for Texas on
Q: I heard that if you got ripped off by a Contractor(repairs) after Hurricane Harvey you could still file claims with FEMA

I heard that FEMA will go after the fraudulent contractor and may reimburse you for your cash losses.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

You heard wrong. But YOU can "go after the fraudulent contractor" and perhaps "get reimbursed" as damages.

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2 Answers | Asked in Civil Rights, Gov & Administrative Law, Public Benefits and Social Security for Texas on
Q: Are there protection laws for back pay or funds received from SSDI that a person took and invested ?

An individual received SSDI,(not SSI) along with back pay, after a long struggle with the Social Security Adm., in mid-spring of '18. Upon receiving the back pay, this person, who doesn't have a 401k, nest egg, family support...etc., decided to invest a percentage of the money into... Read more »

Roy Lee Warren
Roy Lee Warren answered on Apr 16, 2019

THANK you for an excellent question. I believe you and I would get along great. The situation of which you speak is one of the more ridiculous scenarios of SSI in my opinion. However I am sure it makes sense to those that wrote the law. SSI benefits are based on need so if the person that receives... Read more »

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1 Answer | Asked in Legal Malpractice, Criminal Law and Gov & Administrative Law for Texas on
Q: Is it legal for a bondsman to refer an attorney when both know the judge personally and they know the clients money amnt

The bondsman is good friends with a lawyer he refers and the judge on a criminal case. They know how much money the client has and the court fees and bond magically goes up

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 8, 2019

Was it just a friendly referral? If the attorney compensates the bondsman for the referral it might be the crime of "Barratry and Solicitation of Professional Employment" see Penal Code 38.12. If that happened then the client can void the contract with the attorney and file a lawsuit to... Read more »

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