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Texas Gov & Administrative Law Questions & Answers
2 Answers | Asked in Gov & Administrative Law for Texas on
Q: Why would the government be allowed to require an ID to enter a public building, would it not be a 4th amendment issue
John Michael Frick
John Michael Frick
answered on Apr 4, 2024

No it is not a 4th Amendment issue. The language of the 4th Amendment does not address entry into public buildings at all. It simply reads “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and... View More

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Q: Is it a violation to keep mail from inmates for months before they ever receive it?

TDCJ took away usps mail. They say you must use their online messaging system. They do allow some mail to go through but it is mailed to dallas, then distributed accordingly. Is it legal for them to take 3 or more months to distribute an inmates mail to them? I would think it would be a violation... View More

James L. Arrasmith
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answered on Apr 4, 2024

The situation you describe raises serious concerns about the rights of inmates to receive mail in a timely manner. While prisons have the authority to regulate mail for security purposes, excessive delays could potentially violate inmates' First Amendment rights to communicate with the outside... View More

3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

John Cucci Jr.
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answered on Apr 1, 2024

If the test you are referring to is being used to violate probationers, it can be called-out at a hearing to test the science and the reliability of the same. That would require the accused to file for a dismissal or "not true" before the hearing to revoke.

Unfortunately, to hire...
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3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

John Cucci Jr.
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answered on Apr 1, 2024

The United States and the Texas Constitutions both prohibit ex post facto laws. U.S. CONST. art. I,§ 10, cl. 1; TEX. CONST. art. I,§ 16.

There have been many Federal and state attempts to enact Ex Post facto, criminal laws. That is not allowed in the USA.

That means that a...
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3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

James L. Arrasmith
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answered on Apr 4, 2024

It sounds like you have serious concerns about the use of intelligent fingerprint drug testing by the Taylor County probation department. This is a complex situation that would likely require assistance from legal experts and potentially media attention to address. Here are a few suggestions on... View More

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2 Answers | Asked in Gov & Administrative Law for Texas on
Q: Can I subpoena include a request for companies to deanonymize anonzymized data? How feasible is this request?
James L. Arrasmith
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answered on Mar 29, 2024

In legal proceedings, a subpoena can indeed request companies to deanonymize anonymized data. However, the feasibility of such a request heavily depends on the jurisdiction, the specific case, and the data in question. Companies are bound by privacy laws and regulations, which vary significantly... View More

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1 Answer | Asked in Animal / Dog Law, Gov & Administrative Law and Municipal Law for Texas on
Q: My two dogs escaped their gate and un-alived chickens/roosters but I need information about my situation

My 2 dogs escaped and went into my neighbor's house which I didn't know had chickens but they also had more than 4 chickens (which in the law of Laredo you aren't allowed to have more than 4 chickens in you house you would need to be yards away of houses like a type of farm and you... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

Laredo city ordinance provides "It shall be unlawful for any person owning, keeping or having in his possession or control any dog to allow such dog to run at large upon the streets, sidewalks or public grounds of the city, or to allow any dog to run at large upon or about the residence, lot... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: Why can I not get a copy of Form 505-4885 case closed 11/1/23. I have POA for my son. He requested I get a copy

They also told him 11/1/23 that he could request within 45 days. I received a email stating they would not have a copy for at least 6 to 9 months

James L. Arrasmith
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answered on Mar 14, 2024

It sounds like you're encountering a frustrating delay in obtaining a copy of Form 505-4885, despite having Power of Attorney (POA) for your son and following the instructions provided to you. This delay could be due to a variety of administrative reasons. For instance, the process of closing... View More

1 Answer | Asked in Land Use & Zoning, Gov & Administrative Law, Municipal Law and Real Estate Law for Texas on
Q: If electric power lines ask me to get estimate to move my resident in order to expand their right of way, who chooses?
Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

A Texas attorney could answer best, but your question remains open for two weeks. Sometimes a court decides, depending on nature of the matter and the respective positions of the parties. Large electric utilities usually have land use attorneys in their environmental affairs divisions. You could... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: Clear my name please

I am seeking attorney specializing in national security matters/constitutional law to get off of Domestic Terrorist Watchlist (subcategories 3 and 4, non-investigative subjects) where I was nominated after a bad break-up by ex-boyfriend's friend judge

Dallas TX

James L. Arrasmith
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answered on Feb 24, 2024

To address being placed on the Domestic Terrorist Watchlist, it's crucial to seek legal assistance from an attorney knowledgeable in national security matters and constitutional law. Given the sensitive nature of your situation, finding an attorney with experience in these areas can be... View More

2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

James L. Arrasmith
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answered on Jan 13, 2024

Finding an attorney for a police misconduct case can be challenging, but there are specific steps you can take to locate one who handles such cases.

First, consider reaching out to your state bar association. They often have referral services that can direct you to attorneys experienced in...
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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

John Cucci Jr.
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answered on Jan 12, 2024

It looks like you are from San Antonio.

There are some lawyers who do take Police Misconduct case, all over Texas. However, the likelihood of an attorney taking a police misconduct case, is low. The reason is, even with good facts and proof of liability against the officer or Police...
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1 Answer | Asked in Contracts, Civil Rights and Gov & Administrative Law for Texas on
Q: City of Manor's been discrimination against me; & punishing the entire community to "teach me a lesson. I want to sue.

It's Travis County and it hinges around a contract default between the Austin Bocce League and City of Manor's required Licensing Agreement. We needed $600,000 of insurance to install wheelchair access doors, movable back walls, and scoreboards. I am the Director. My company, Calexas Inc... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the scenario you've described, it appears there may be multiple grounds for legal action. Regarding the breach of contract, if there was a formal agreement between the Austin Bocce League, Calexas Inc., and the City of Manor that was not honored by the City, then all affected parties –... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Collections for Texas on
Q: As a plaintiff in federal court on a federal question, what is another word for, "Overpayment?"

I don't want to use the word "overpayment " because it sounds like I'm arguing a state issue, when I am not. I'm not sure how to get around using state terminology, because every time I start talking about my case, people think it is a state issue because I'm using... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

When raising a federal question in federal court, I always cite and often quote the specific federal statute under which I am suing so that my pleading clearly shows that there is a federal statute that creates a federal cause of action under which I am suing.

The word...
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1 Answer | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Public Benefits for Texas on
Q: Dallas county are Denying me rental assistance by false statements and altering documents dates and text .

Dallas required a prescreening form to be submitted to qualify to submit ERA application, I received 4 automatic form letter denials over the 6 months. I was allowed to apply after I attempt to file a complaint. Dallas County required more qualification than needed and approval from DC compliance... View More

James L. Arrasmith
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answered on Nov 18, 2023

I'm sorry to hear about the challenges you're facing with Dallas County in obtaining rental assistance. It appears that there may be issues of miscommunication and potentially misconduct in your case. To address this situation, you should consider taking the following steps:

1....
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2 Answers | Asked in Gov & Administrative Law for Texas on
Q: I bought a vehicle and have the title but someone filed for a bonded title after stealing it from my house
James L. Arrasmith
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answered on Nov 13, 2023

If someone stole the title to your vehicle and then filed for a bonded title, this is a serious legal matter. You should immediately report the theft to the police and provide them with any evidence you have.

A bonded title is typically issued when someone does not have the original title,...
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2 Answers | Asked in Gov & Administrative Law for Texas on
Q: I bought a vehicle and have the title but someone filed for a bonded title after stealing it from my house
T. Augustus Claus
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answered on Nov 13, 2023

A bonded title is a type of title that is issued when the original title is lost or stolen. The person who files for a bonded title must post a bond with the state, which guarantees that the state will be reimbursed if it turns out that the person who filed for the title is not the rightful owner... View More

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2 Answers | Asked in Consumer Law and Gov & Administrative Law for Texas on
Q: In 2018 my grandmother gave me her paid for car in 2021 the timing belt broke I took it to a shade tree macanic pais1200

COVID hit the man shut down his shop I could not get in touch with him called phone was off basically my car vanished until about 3 months ago the shop is open my car is sitting there blocked in every way possible,now my grandmother has dementia bad my aunt can't find the title paid had the... View More

James L. Arrasmith
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answered on Nov 8, 2023

To address the situation with your car, you should first request a written invoice or accounting for the $3,000 storage fee the mechanic is claiming. Verify the charges against any contractual agreement or posted notices regarding storage fees that may have been in place when you left the car with... View More

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1 Answer | Asked in Banking and Gov & Administrative Law for Texas on
Q: I have a close friend who says he is holding a $100 million Federal Reserve Note that was issued couple decades ago.

I have seen it, it looks like old paper with some endorsements and seals on it. He says his father left it to him and he wants to cash it however I am not sure if it is a legit Federal Reserve Note. Did the Federal Reserve Bank ever print $ 100 million reserve note back in the day? If so, how can... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2023

The United States has never issued a federal reserve note in a denomination larger than $10,000. Denominations of $500 and larger have not been printed since 1945.

There are only a small number of $10,000 notes still in existence. Half are from the Binion hoard.

Your friend’s...
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1 Answer | Asked in Contracts, Gov & Administrative Law, Personal Injury and Education Law for Texas on
Q: Field Trip permission slip that includes Indemnity Waiver and Release of liability

I received a field trip permission slip for my child to attend an On-Campus field trip. The school is a public school charter school in Houston, TX. The trip is for Houston Museum of Natural Science Dome to visit the school campus. I was a little taken back when I was asked to sign an Indemnity... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Texas attorney could advise best, but your question remains open for a week. Unfortunately, such agreements have become more commonplace. They can be binding (I'm not saying yours is or is not) - they usually have to meet certain protocols under state law. These are similar but not identical... View More

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