answered on Sep 29, 2021
Personal property may not be removed without a search warrant. Personal property such as cars that have not been moved may violate local ordinances. They can be removed once the owner has received notice to remove, and there has either been a hearing or the person has not responded. If it was... View More 
I am under witness protection due to being victim of aggravated assault with a deadly weapon but DA has shared the witness list which is now public information online. This is also shared with the defendants lawyer. The list shows my name & address. Is there anything I can do? I've tried... View More
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answered on Sep 23, 2021
Your situation seems terrible.
Witness protection can have different meanings and different levels of protection. The DA's office should have a "victim's advocate" or something similar. It is usually the task of that unit or person to handle your concerns. If that is not... View More
If enforcement of ordinance would directly violate 1st Amendment
answered on Aug 7, 2021
A Texas attorney could advise best, but your post remains open for two weeks. Ordinances could be challenged on constitutional grounds in the course of their development, while in committees or floor debates. Ordinances are also sometimes challenged in the course of actual cases that challenge... View More
1st time offense. No prescription. Medication bought over a period of time. Individual entering state for holidays.
answered on Jul 16, 2021
You can be arrested and prosecuted for anything. However, you can only be convicted if you enter a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. Ten grams is 10,000 milligrams. A typical pill of pseudoephedrine... View More
Was given an appointment for sept 23 and I'm trying to teach my son to drive before he leaves for school in August. I'm unable to sit and wait hours because of my job How is everything else open but public service
answered on Jul 6, 2021
Everything is open except "public service" (aka government jobs) because they make the rules. Welcome to government. You can teach your son to drive without them, but you'll need to deal with DPS to get him a license. The good news is that if he's old enough to drive,... View More
answered on Jun 15, 2021
Yes, the court has wide discretion when setting the conditions of bond. Anything related to your attendance at court or the safety of the community is fair game. If your case does not involve drugs and you don't have any history of drug use then you could ask your attorney about the... View More
answered on Apr 9, 2021
I'm not sure but the first place I would try is chapter 46 of the Texas Penal Code and just mentally replace the word "club" with "baton." Here is the link: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm
I have looked in the constitution and found no provision requiring state executives to be called governors. So was curious if it was in federal law or if there is no law barring the change and that legislatures only need approve it and it shall be done?
answered on Mar 1, 2021
State Constitutions specify the titles of the executive officers. While the Constitution could be amended to change the title, really, what's the point?
I have always thought that governors like the president were expected to defend and protect their people. If so, why is there no mention of this specifically in the Oath?
answered on Feb 25, 2021
All public representatives, and lawyers, take an oath to uphold and defend the Constitution. Numerous Supreme Court decisions make it clear that none of them, including the police, have any duty to "protect the people," and frankly, we're all safer that way.
Your interests... View More
My husband and I were served with a summons/citation for modify custody by a 3rd party but the petitioner was DCCPS and petition was in this 3rd parties name. Also, mine had the official stamp and my husband's did not. The petition contained request for temp. orders, TPO, affidavit and... View More
answered on Jan 28, 2021
You really need to have an experienced Family Law attorney examine the documents to see if they are defective.
The Declaration of Independence says to that if the Govt is corrupt we need to abolish it. So is it illegal to advocate the Declaration of Independence under 18 U.S.C. §2385?
answered on Jan 12, 2021
The Declaration of Independence is an interesting historical document that explains why the colonists revolted against the rule of King George but it does not have the authority of law in the United States. In fact, between the time of the Declaration and our current Constitution a different... View More
This is regarding the Supreme court case, Lochner v. New York, 198 U.S. 45 (1905)
answered on Nov 9, 2020
There's considerable discussion and material on this case online. It could take some effort to narrow the issues down to the specific manner outlined in the description above. One starting point could be the U.S. Supreme Court's blog -... View More
Does boot camp qualify the trial to be put on “stay” status?
answered on Sep 14, 2020
A Texas attorney should advise, but your question remains open for two weeks. Until you are able to consult with a Texas attorney with time looming, you could check with the judge's clerk on your case. Based on your description, it sounds like a note of issue has been filed and that you may be... View More
answered on Aug 30, 2020
Provide a copy of the video to your friend's criminal defense attorney.
See chapter 14 of the Code of Criminal Procedure if you are curious about the list of situations where a peace officer can make an arrest without a warrant. https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm
I am suing a company and the lawyer that is representing them is a lawyer I have used in the past
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... View More
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... View More
Any other legal advice about starting an online smoke shop
answered on Jun 28, 2020
Based on what you have stated, you are probably a sole proprietorship.
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... View More
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... View More
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?
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.
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... View More
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... View More
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