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Texas Gov & Administrative Law Questions & Answers
2 Answers | Asked in Criminal Law, Gov & Administrative Law, Civil Litigation and Real Estate Law for Texas on
Q: House raided after wife's seizure; charged with possession. Was the warrant legal? Handling confiscated property?

I am seeking legal advice after my house was raided by police who had a warrant. The incident began when my wife had a seizure at a store, and police were called. I was not present during this medical emergency. They found paraphernalia in our car, but neither my wife nor I were charged at that... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2025

I would challenge that warrant. I believe that the paraphernalia in your car is way too tenuous, to get a good warrant. If you were charged, you have the right to get a copy of the affidavit that was the basis for the warrant.

I can not believe you can't find a lawyer to go after that...
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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Arrest for possession of fentanyl after helping overdose victim

While at a motel where someone overdosed, I performed CPR until the police arrived. I picked up a small baggie with white powder out of fear of being charged, but stayed to help. Police arrested me for class C warrants, leaving me in the rain. Later, at the station, they found the baggie, now wet,... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 10, 2025

You are in a tight spot!

If you have no criminal record, and you can prove that you did attempt to save the other person's life, you may have a good chance at winning a jury trial.

If you have drug convictions on your record, you are going to be fighting uphill.

Ask if...
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2 Answers | Asked in Real Estate Law, Gov & Administrative Law and Tax Law for Texas on
Q: Is it a RESP violation if my mortgage company misestimated property taxes?

I purchased my home in Texas in October 2023. My mortgage company estimated MUD property taxes based on the land value instead of the newly completed home and the selling price. I discovered this issue in March 2025 when I received a statement showing an escrow shortage of over $1,200, resulting in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

No this is not a RESPA violation. Property taxes are the legal responsibility of the owner (YOU). Lenders almost always require a borrower-owner to timely pay their property taxes. Sometimes, lenders require the borrower-lender to escrow money by paying an additional sum each month with the loan... View More

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2 Answers | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: Is a TX protective order void without personal jurisdiction?

I had an attorney who filed a special appearance in a Texas court, arguing that the court did not have personal jurisdiction over me. Despite this, the court issued a final protective order against me based on false allegations of sexual abuse. Is this protective order void due to the lack of... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

No, the order is not void, but it is potentially voidable. If your attorney filed a special appearance, the question of personal jurisdiction was presented to the court. It then became incumbent on you through your attorney to set your special appearance for hearing and to secure a ruling from... View More

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2 Answers | Asked in Appeals / Appellate Law and Gov & Administrative Law for Texas on
Q: How does Freeman v. Freeman (1959) affect invalid court orders?

I'm looking for information on how Freeman v. Freeman, 327 S.W.2d 428 (Texas 1959), might influence the validity of court orders when a court has issued an order without the necessary authority, followed by a subsequent order based on the first. Additionally, I am interested in a list of... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2025

Certain language in Freeman was later expressly disapproved by the Supreme Court of Texas in Mapco v. Forrest, 795 S.W.2d 700 (Tex. 1990).

You can shepardize this case by going to any legal library or through subscription services like Lexis or Westlaw. There are 90 cases listed in...
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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: How can we address potentially inaccurate drug test results for THC-free CBD use?

My mother's parole officer keeps failing her on drug tests, claiming she tests positive for substances such as meth and fentanyl, even though she only uses THC-free CBD products. My fiancée, who is knowledgeable about these products, confirmed they might contain trace THC. Despite reaching... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 1, 2025

Some drug testing can be wrong or inaccurate. But positive for Meth and Fentanyl due to marijuana use is a LOW likelihood. I hate to say it, but mom may be lying to you. We all want to see the best in our loved ones, but what you are telling me is hard to believe on a repeated basis. Some... View More

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Q: Can non-U.S. residents wholesale real estate in Texas and receive assignment fees abroad?

I live abroad and I'm interested in wholesaling real estate in Texas. Is it possible for non-U.S. residents to engage in this business? What kind of paperwork or legal requirements should I be aware of? Additionally, there may be situations where I enter into joint ventures (JVs) with other... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 1, 2025

Most non-US citizens can buy and sell land and otherwise speculate on the same. However, if you are a Chinese National, or are from a "Terrorist State" country, that type of business is NOT available for you in Texas.

The key is to manage your properties and taxes correctly. Get...
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3 Answers | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: How to update address with Houston court for 1983 case settlement?

I filed a 1983 civil rights complaint in prison and since my release, I haven't received any mail regarding the case. A settlement is being paid out, and I need to notify the court of my change of address to receive the payments. I have a week left to notify the court. How can I update my... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 27, 2025

If you have the case information or case #, you can call the clerk of the court to get the address to mail a change of address. There is also a system called PACER, which is the update and filing system used by the Federal courts.

Try both ways I have explained, and you should be able to...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Health Care Law for Texas on
Q: How can terroristic threat charges be dropped due to medical issues?

I need help understanding how charges of terroristic threats against my husband can be dropped. He has severe medical issues affecting his mental state. He was admitted to UTMB with septic emboli and other complications. He left the hospital while paranoid and irrational, and after being found in a... View More

Madalina  Garcia
Madalina Garcia
answered on Mar 10, 2025

Your husband is facing current legal issues regarding the terroristic threat-- it sounds like charges have been filed against him and a warrant has issued for his arrest. Those legal issues need to be handled by a criminal defense attorney because there are overwhelming credibility concerns at play... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Is it a hopeful sign that my civil case is under review by the Texas Supreme Court for over 30 days?

I am representing myself in a civil case involving a state university over the handling of cadavers and disputing their claim of immunity. A new piece of evidence was discovered after the appellate court's decision, and the case has now been forwarded to the Texas Supreme Court. I am seeking a... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

No.

Internally, a petition is held in the Clerk's office for a minimum of 30 days before being forwarded to the justices, primarily to see if the other party files a response (which rarely happens).

After being forwarded to the justices, a petition will not be dismissed until...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Probation officer calls instead of knocking, causing issues.

I am on probation in Waco, Texas. My probation officer calls instead of knocking on the door for verification of my presence at home. There have been times when I did not hear the phone – once while in the shower and another time while sleeping – which led to consequences. Is this form of... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 5, 2025

Your PO can call you anytime. They can check on you every day if they feel it is necessary to do so. Most people on probation would prefer a call instead of a home visit.

If you think the calls will continue, then I suggest you get a phone with a loud ringer and vibrator. There is also a...
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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: What are my rights and limits when planning a protest at a Target store?

I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?

John Cucci Jr.
John Cucci Jr.
answered on Mar 5, 2025

If you are going alone, I would bring a video camera.

Your only concern is trespassing. If you protest in the form of "picketing" you can do so all you want. The key is to keep moving. As long as you keep moving, you can protest, carry signs, yell-out your grievances, and ask for...
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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: What are my rights and limits when planning a protest at a Target store?

I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?

John Michael Frick
John Michael Frick
answered on Mar 6, 2025

Many cities require special permits to protest. "Attempting to notify local authorities" is not usually sufficient. Usually, you must complete a form and submit it in advance of the planned protest and receive the permit. With the appropriate permit, you can protest on a public... View More

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2 Answers | Asked in Constitutional Law, Gov & Administrative Law, Civil Litigation and Real Estate Law for Texas on
Q: Is the City of Shamrock violating property rights through potential unlawful liens and searches?

I believe the City of Shamrock is using unlawful tactics to obtain my two properties through city liens. Initially, they trespassed on my properties to inspect building conditions. After confronting them about this illegal trespassing, they returned with an Administrative Search Warrant for one... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 4, 2025

You need to get a lawyer in between your property and the city.

In any event, you can always ask for an extension of time in all of the proceedings that involve your property.

Using a search warrant for two locations sounds illegal. If you have a copy, I would like to see it....
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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Texas on
Q: Options for moving from TX to NH with probation.

I received my first DWI in March of last year in Texas with a low BAC and no associated accidents or injuries. I was given Deferred Adjudication for 9 months, attended a Victims Panel, completed a DWI Course, and did volunteer work as required. I have an IID installed, with no violations, and have... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 24, 2025

The easy answer is you can have your probation transferred, but you need to start with NH. You need to contact the County probation office, and get a contact person there, and all the details about contacting the NH probation office.

Once you have contacted NH, then+you tell your PO in TX...
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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Texas on
Q: How to address potential license cancellation during probation with interlock requirement?

I'm currently on a 12-month probation with a mandatory interlock device requirement for the first 6 months, which started last month. Recently, I received a letter notifying me of a potential license cancellation, scheduled for 03/08/2025. I checked the DPS website for more details and have... View More

Jim  Butler
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answered on Feb 24, 2025

The good news is that you have done all that you need to do at this time. What you described is common. Once a court order is entered, saying that you are required to have an interlock installed in your vehicle, a copy of that order is sent to DPS in Austin, who then sends you the notice of... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Questions about undisclosed indictment warrant and rights after arrest in TX.

I was arrested a month ago at my home on an indictment warrant from 2023 for burglary of a building, which I was unaware of. I called the police to report a burglary at my house, and the officer arrested me at my door, stating there was a warrant for my arrest. I have never received any... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 22, 2025

Your question is a bit hard to get out of the statement you gave. So I will try to walk through it, step by step.

So, when you called the police about a burglary at your house, they arrived, spoke to you, then told you there was a warrant out for your arrest.

The police are...
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1 Answer | Asked in Gov & Administrative Law and Criminal Law for Texas on
Q: Do I disclose a sealed record for a name change in TX?

I am applying for a name change in Harris County, Texas, and the application asks if I have ever been charged with a Class A or B misdemeanor or felony, requesting an FBI or SID number if applicable. Over 20 years ago, in the state of Florida, I was charged with tampering with physical evidence and... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 21, 2025

I would have to see the paperwork for the sealed record. If your case

did not result in a conviction of any kind, and there is a Court Order Sealing the record of the arrest and the court proceedings, then you may answer the question in the negative - NO.

The reason I say the above...
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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Criminal Law for Texas on
Q: Can I sue if expunged charges still show on background checks?

I had a felony charge that was no-billed and a misdemeanor charge that was dismissed about 10 years ago, and I paid for both to be expunged. I have the court order confirming the expungement. However, I am facing rejections from jobs because these charges appear on background checks, although I... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2025

Expunging a criminal record only removes it from court records. Data and background check companies have programs that constantly scrape public records databases. They find the record of your arrest within days of it happening and case disposition records within days of the order being signed.... View More

1 Answer | Asked in Child Support and Gov & Administrative Law for Texas on
Q: Should I file a motion to dismiss or is my notice enough in child support case?

I am involved in a child support modification case in Texas. I filed a notice to cease and desist collection by wage withholding or any other method, arguing that Texas lacks jurisdiction to enforce state and federal Title IV-D child support enforcement. When I attempted to e-file the notice, I... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2025

In order to preserve this point for appellate review, you must not only timely make the complaint to the trial court, you must secure a written order signed by the trial court denying your complaint.

The best strategy when attempting to dramatically change the law in an instance like this...
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