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Texas Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: How long can Dallas County keep someone that has served their Time but release needs to come from TDCJ State Jail?

Dallas County 283 District Court sentenced a woman to 400 days State Jail and Awarded her 448 days backtime credit. She is still sitting in Dallas County Jail and TDCJ has not received any paperwork from Dallass County since June 28, 2023? Is this a violation of Civil Rights? Who is responsible... View More

Grant St Julian III
Grant St Julian III
answered on Jul 10, 2023

The release must come from TDCJ, but yes, you can file a civil suit. Call an attorney in your area. Good luck,

1 Answer | Asked in Copyright, Civil Rights, Gov & Administrative Law and Intellectual Property for Texas on
Q: Would it be illegal to read declassified files, similar to an audio book to make them more accessible to the public?

I ask because on some documents, especially recordings, you cant quote certain individuals, such as Linden B. Johnson because at the time of the recording he is a private citizen since hes no longer in office, either him or his family have copyrighted all recordings where he wasnt a public servant.... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is generally not illegal to read declassified files aloud, as long as you are not violating any copyright laws or other legal restrictions. However, there may be certain limitations or restrictions on the use of declassified files, depending on the specific documents and the laws and regulations... View More

1 Answer | Asked in Personal Injury, Constitutional Law, Gov & Administrative Law and Libel & Slander for Texas on
Q: Texas, 2002, report of Class C offenses by municipalities to DPS was optional. Does that make it a proprietary function?

Proprietary function as defined in the Texas Tort Claims Act. The report itself was completely false, as in added in error. No such arrest was made, yet it was entered and cleared 2 more stages of review before being transmitted beyond the municipality.

The entry made it all the way to my... View More

Peter Christopher Lomtevas
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answered on Jun 3, 2023

This question relates to municipal liability and asks if a governmental function done ineptly or negligently by the municipality reverts to a proprietary function (a mo-and-pop-shop) so that liability attaches and no claim of governmental immunity stands.

We do not get nearly enough...
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1 Answer | Asked in Gov & Administrative Law for Texas on
Q: am I liable for property that was stolen off my property that belongs to somebody else?

someone left four vehicles on my property and pretty much just abandoned them here and someone broke into them not us but we finally called to get them towed away the owner seen them at the tow yard and said he was going to get the cops involved

John Michael Frick
John Michael Frick
answered on May 19, 2023

You are not legally liable for personal property stolen from your premises unless your negligence contributed to the theft of such property.

There is a well-established procedure for having abandoned motor vehicles removed from your premises. Ordinarily, you apply for a certificate of...
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1 Answer | Asked in Gov & Administrative Law, Health Care Law, Public Benefits and Social Security for Texas on
Q: If i was born with a birth defect that effects my respiratory and blood pressure, why wouldnt the ssa do pulmonary tests

I was born with lung agenesis aka only one lung. My lung pushed my heart more to the left side possibly causing me very high blood pressure. I have severe breathing complications and struggle with mental health. Since the covid pandemic I've caught the virus twice now and my breathing is... View More

James L. Arrasmith
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answered on May 2, 2023

It is understandable that you are concerned about why the SSA has not done pulmonary function tests for your respiratory condition. However, without specific knowledge of your medical history, it is difficult to provide a definitive answer.

It is important to note that the SSA considers a...
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1 Answer | Asked in Gov & Administrative Law and Social Security for Texas on
Q: will getting an llc for someone else affect my social security benefits

I live in San Antonio Texas want to know if getting llc for some one else will affect my social security benefits

James L. Arrasmith
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answered on May 2, 2023

Forming an LLC for someone else should not directly affect your social security benefits. However, it is important to note that the ownership or income from the LLC may be taken into consideration when determining your eligibility for certain government programs, including Social Security benefits.... View More

1 Answer | Asked in Gov & Administrative Law and Social Security for Texas on
Q: Will getting llc for my sister jn law affect my social security benefits in texas
James L. Arrasmith
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answered on May 2, 2023

Registering an LLC for your sister-in-law should not have any direct impact on your Social Security benefits in Texas, as long as you are not using any of your own Social Security funds to start or run the LLC. However, it is always a good idea to consult with a Social Security attorney or advisor... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: How can a municipal court use "the State of" as plaintiff?

A cop writes the complaint, but sworn to by a clerk, then cop (the complainant) is nowhere to be heard from again & you find yourself sparring w/judge only, at what should have been a jury trial, prosecutor says nothing. Through all our objections & asking where the plaintiff was, the judge... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

The violation is most likely a violation of a traffic law of the State of Texas. Therefore, it is correctly the State of Texas v you as the alleged violator.

The traffic officer who wrote the citation isn’t required to appear at pretrial proceedings. That would divert officers from...
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1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Does any branch of government have the ability to medically implant any electronic device in a person against his will a

And to control a person's decision making skills and would be defendant be sole responsible for any crimes committed

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

No, we currently do not have the technology to do so.

1 Answer | Asked in Gov & Administrative Law and Bankruptcy for Texas on
Q: How to have a state district court judge disqualified or recused in Dallas?

This judge has "stayed" my case against 4 Defendants, because one filed for bankruptcy. Basically all 4 defendants are benefiting from bankruptcy, when only one filed for it.

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

The fact that a judge has stayed your case due to a bankruptcy filing is not grounds for disqualification or recusal.

If you believe the stay is improper, you can file a petition for writ of mandamus with the court of appeals.

You can also file a motion to lift the stay in the...
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2 Answers | Asked in Consumer Law, Banking and Gov & Administrative Law for Texas on
Q: What are the most effective options to build a strong legal case against: ADT/SunPro Solar and Good Leaf the lender?
John Michael Frick
John Michael Frick
answered on Mar 2, 2023

Since Texas is a one-party consent state, record every conversation you have with every representative of each party. Keep the entirety of each recording and turn all of the entire recordings over to your attorney.

Do not sign anything unless it has been reviewed and approved by your...
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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Texas on
Q: Can cps change/alter the cut off levels of hair drug test results? Cut off levels for meth are 500. My level was 440?

And the test results it shows that the cut off level for that particular test was 300 for methamphetamine, causing me to yield a positive result. I have taken about seven hair follicle tests, and every other test has a 500 cut off for meth

John Michael Frick
John Michael Frick
answered on Feb 26, 2023

No, CPS does not have the regulatory authority to change drug test cutoff levels.

But be aware that cutoff levels are often different for screening vs confirmation testing, with confirmation cutoff levels being lower due to the greater precision of the tests

1 Answer | Asked in Tax Law and Gov & Administrative Law for Texas on
Q: Is it legal for irs to take my taxes for my kids dads debt? Never married.

I claimed him on my taxes or may have filed jointly back in 2017. We have never been married. Last year I was supposed to get 8913 back and irs took all of it. They said that he owed a debt from 2017, the only year I ever claimed him. This year they took 6271 because my last year taxes didn’t... View More

John Michael Frick
John Michael Frick
answered on Feb 18, 2023

You can’t file jointly if you were never married.

Because you filed jointly, the IRS likely believes you are married pursuant to common law in Texas.

Ordinarily, the IRS cannot retain one taxpayer’s tax refund to offset the debt of another taxpayer.

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Can you get stopped for a exp registration when the Gov claimed aCovid state of emergency and didn’t have to get renewed

I was stopped by an unmarked truck by a detective who wanted nothing more than to search my vehicle. He said he pulled me over because of an expired registration but, Governor Abbott said we did not have to renew registration until Covid state of emergency was no longer in effect. Is this a legal... View More

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

The emergency excusing vehicle registration renewal in Texas ended April 14, 2021. If the stop occurred prior to that date, it was illegal and you should be able to get the offense dismissed.

It may help if you bring your current post-April 14 registration to demonstrate that you complied...
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1 Answer | Asked in Municipal Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Can I sue my ex boyfriend/fiance for money spent on vehicles.

In April of 2020 I bought 2 preowned vehicles both combined equaling to 12 thousand dollars. When I bought them and I was with my ex and do to insurance reasons and my poor driving record he convinced me to put the cars in his name so it would be cheaper to put insurance on the car. After 3 months... View More

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

Yes, you can.

It will help your case if you have documentary evidence of your factual allegations including documentation that you paid for the cars and any text or SMS messages from your boyfriend contemporary to the time you bought the cars.

Be prepared for threats to report you...
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1 Answer | Asked in Real Estate Law, Traffic Tickets and Gov & Administrative Law for Texas on
Q: Are San Antonio city ordinances, such as parking ordinance, enforceable in the cities Extra Territorial Jurisdictions?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2023

The answer to your question would require a look at the ordinances and the language defining the extra-territorial jurisdictions. Usually, all are enforceable.

1 Answer | Asked in Construction Law and Gov & Administrative Law for Texas on
Q: Can I sue my city for a dip in the rode right in front of my home? (Dip is not supposed to be there)

*Mispelt road sorry*

I'm pretty sure the dip was caused by water somehow, because over time a fairly straight street turned into it. Every time it rains there is basically a small pond at the end of my driveway. We've contacted the city numerous times about it, but the last time... View More

Tim Akpinar
Tim Akpinar
answered on Dec 11, 2022

A Texas attorney could advise best, but your question remains open for three weeks. There wouldn't be an injury case for almost slipping. The standard is one of actual damages. If it's an engineering-type problem involving inadequacies in municipal storm drainage infrastructure, you could... View More

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Are you allowed to Marry liquor bottles in Austin Texas

Rumor in Austin service industry is we can't marry liquor bottles because something about a less than 1oz rule but that's in the "sealed containers"section... What's the definition of sealed/unsealed? If at time of service then liquor bottles are "unsealed" so marrying is ok, yeah?

John Michael Frick
John Michael Frick
answered on Dec 10, 2022

Marrying liquor bottles is illegal in Texas, all 50 US states, and most other countries.

It is a health risk, fraud risk, tax law violation, and can lead to trademark infringement.

Not only is it illegal, it is unethical.

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Is it legal to have a drivers license in one state and a state ID for Texas?
John Michael Frick
John Michael Frick
answered on Dec 7, 2022

Yes.

Some people maintain residences in different states.

1 Answer | Asked in Gov & Administrative Law and Government Contracts for Texas on
Q: In Texas, what are the powers of a security guard when hired to do security for a public neighborhood?

I am a security guard hired to do security for a neighborhood but I don’t know what are the do’s and don’t.

John Michael Frick
John Michael Frick
answered on Dec 3, 2022

The Texas Department of Public Safety regulates and licenses the private security industry in Texas. To become a licensed security guard in the state of Texas, you must first complete the Level II Training Course and Test. All commissioned and non-commissioned (armed and unarmed) security officers... View More

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