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Texas Gov & Administrative Law Questions & Answers
2 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

Madolyn García Falone
Madolyn García Falone
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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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Contracts for Texas on
Q: Clarify bail bond POA and indigent status issues in Texas.

In Montgomery County, Texas, I posted a bail bond for $500 and later realized there was a Power of Attorney (POA) granted through the bond without my knowledge. I've never seen or had the terms explained, and I'm unsure about any financial implications. In addition, there is confusion... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 17, 2025

When you enter into an agreement with a Bonding company, you sign a contract. You are then bound to the terms. There are lots of rules that the Bond Co. must follow. You can see the rules in the Penal code. It is available on the internet.

The $400 is probably the pro-rated fee for your...
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1 Answer | Asked in Estate Planning, Probate, Gov & Administrative Law and Personal Injury for Texas on
Q: Can an independent executor act as a trustee and sell property?

Can a testator in Texas grant an independent executor, who is neither a legal heir nor family member but the primary beneficiary, the authority and powers typically given to a trustee, especially when no trust exists? The executor is also the CEO, President, and part-owner of the nursing home where... View More

John Michael Frick
John Michael Frick
answered on Feb 17, 2025

Yes, a testator can appoint an independent executor who is not an heir at law and who is a beneficiary under the testator's Will.

It is common in drafting a Will to say that an independent executor has all of the powers of a trustee even when the Will does not create a trust. That...
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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Legal trouble for not reporting child abuse in TX?

In 2020, a child told me about possible abuse, but at the time, she said she was lying because she was mad, so I didn't report it. In 2024, she reported the incident to her mother, who then reported it to the authorities. The detectives contacted me, and I truthfully shared all the child had... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 16, 2025

I will answer the question without knowing who you are, and whether or not you work for the State. Most State, and municipal workers have a duty to report child abuse. So do Doctors, nurses, social workers, and others who work with children.

Failing to report for the reason you gave in your...
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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Legal trouble for not reporting child abuse in TX?

In 2020, a child told me about possible abuse, but at the time, she said she was lying because she was mad, so I didn't report it. In 2024, she reported the incident to her mother, who then reported it to the authorities. The detectives contacted me, and I truthfully shared all the child had... View More

John Michael Frick
John Michael Frick
answered on Feb 17, 2025

Apart from John Cucci's advice, with which I wholeheartedly agree, it may be very helpful for you to consult him or another attorney about what you should expect as a witness in such a case. You should be prepared for various lines of questioning that I think are likely to occur that will be... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: How can I argue in court that my truck, seized as contraband, is not involved in a drug case?

My truck was seized by the police, and they are claiming it's contraband after drugs were found in it. My employee was driving the truck at the time, and I was not involved. The employee was supposed to take the truck to the shop, and I did not authorize any other use. I have not received any... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Feb 16, 2025

The answer is that you shouldn't even try to argue this by yourself without counsel. You should redouble your efforts and find a lawyer.... QUICKLY.

I think you should be able to find a young man or woman who would be willing to jump right into this.

By the way, the facts...
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1 Answer | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for Texas on
Q: see more information

Can a cousin that stayed no more than a few days at my Mothers home a time over a period of a few months while in town on business used her address to receive mail from the IRS, file a lien on the house listing him as grantor and IRS as grantee for debt over $200,000? I don't think he ever... View More

John Michael Frick
John Michael Frick
answered on Jan 29, 2025

It is likely that the IRS simply filed a tax lien because your cousin used that address as her mailing address on communications with the IRS. the lien only attached to your cousin's interest and she doesn't have any interest.

Your mother can probably file a proceeding to have the lien released.

1 Answer | Asked in Business Formation, Business Law, Gov & Administrative Law and Municipal Law for Texas on
Q: How do you remove an alderman from the board,

We have among the alderman who never shows up for a meetings, and we have an additional alderman who has been arrested on federal drug charges however he is not yet been sworn in and at this point we do not have a core I would appreciate any advice that you can give me

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

It depends on what type of municipality is involved. Some home-rule municipalities have provisions in their charter for recall of aldermen. In a general-rule municipality, a residence would have to petition the district court for removal on one of the statutory grounds set forth in the Texas... View More

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