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Texas Municipal Law Questions & Answers
2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: I am looking for an attorney willing to sue local police department for malfeasance

in 2019 I was assaulted at my home by a felon. I displayed a firearm and was arrested for ag assault with a deadly weapon. Charges rejected by prosecutor without pre trial diversion. After waiting 3 years, my attorney filed for expungement which was granted and final June 19, 2023. Now one year... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about the difficulties you're facing. You may have grounds to sue the city police department for damages to your reputation, false arrest, and failing to comply with the expungement order. These types of cases typically involve claims of malfeasance and the violation of... View More

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1 Answer | Asked in Libel & Slander and Municipal Law for Texas on
Q: How do you file a claim against city if discrimination slanger of name etc?I can't afford a lwayer
John Michael Frick
John Michael Frick
answered on May 14, 2024

It is probably not possible for an individual without legal knowledge, education, training, and experience to file a discrimination or "slanger of name" (maybe "slander"?) against a city without a lawyer. In fact, most lawyers would require the services of another lawyer with... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Texas on
Q: I want to know how an old charge effects my gun rights in Texas

I had a misdemeanor DV 8 or so years ago in Nevada. The PD gave me a plea deal to get out of jail if I gave up my gun rights. I agreed because I was young and it was an easy way to get out of jail. I moved out of state to TX shortly after that to get away.

One of the clauses was to do some... View More

James L. Arrasmith
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answered on Mar 24, 2024

Your situation sounds challenging, but understanding the legal implications is the first step towards resolution. In Texas, as in many states, a conviction for a misdemeanor domestic violence charge typically affects one's gun rights. This is because federal law, namely the Lautenberg... View More

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 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 Real Estate Law, Land Use & Zoning and Municipal Law for Texas on
Q: Im harris county who owns the parkway the city or person ?

I’ve been having trouble with my neighbor she complains about us parking on her left parking spot on the road infront of the side walk . She complained about the car getting on the grass sometimes and we have fixed that issue now she’s complaining and threatening to sue or give us a ticket for... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2024

Generally speaking a public road and the area immediately beside it is owned by the owner(s) of the adjacent land but it is subject to a public access easement. A survey would be necessary to determine the exact line where the easement ends. As long as you remain in the area subject to the public... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Municipal Law for Texas on
Q: How can I get my car released from impound while it has a police hold

My car was impounded on a traffic stop due to bad registration and a hold was placed on my jeep, I wasn't issued a citation, the police won't release the hold without proof of registration but I can't get it registered because of the hold on the vehicle. My registration was only a... View More

James L. Arrasmith
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answered on Mar 1, 2024

It's frustrating to find yourself in this situation, but there are steps you can take to resolve it. Start by gathering any documentation you have related to your vehicle, including proof of ownership and any paperwork from the impound or the police. Contact your local Department of Motor... View More

2 Answers | Asked in Employment Law, Constitutional Law and Municipal Law for Texas on
Q: Put on a final for attendence written in november improve above a verbal but handbook says can change to convenience

Can an employer not approve municipal court for absence?

Can attendance guidelines be changed to companys convinience and not adhere to progressive disciplinary process? Can hr state a written can be removed if improvement but can be accelerated to final if problem reocurrs within 12 month... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the information provided, there are several issues that raise concerns around the legality and ethics of the employer's attendance policies and actions:

- Employers typically cannot discipline employees for absences that are legally protected, such as approved FMLA, ADA...
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1 Answer | Asked in Municipal Law and Traffic Tickets for Texas on
Q: Police said my new license plates didn’t match car. Car got impounded, cop took plates, cost me $400

Now he says they are registering to my car now and I can go pick up my license plate at the office. But I have to drive there with no plates and I’m out money for nothing

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

You can take Uber or Lyft to go pick up the license plates and you have excellent grounds to demand that the seller compensate you by repaying the $400 + the cost of the rideshare. If the seller doesn't pay, you could sue in small claims court and maybe win.

1 Answer | Asked in Civil Litigation and Municipal Law for Texas on
Q: How do I get my vehicle back after it was stolen and used for a crime.

Upon trying to track my vehicle down I found out that it was in the local police department in a different County from where it was stolen. They interrogated me as if I was part of this crime after lawyering up which I believe pissed him off they said that it'll be a while it's being... View More

James L. Arrasmith
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answered on Jan 21, 2024

If your vehicle was stolen and used for a crime, and it's currently held by the local police department, you should follow these steps to retrieve it:

Cooperate with Law Enforcement: It's important to cooperate with the police during their investigation. Ensure you have legal...
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1 Answer | Asked in Land Use & Zoning and Municipal Law for Texas on
Q: Hello, my question is” what are the limitations in Douglassville, Tx, relating to discharging a firearm in city limits”?

34 acres of wooded land, city population of less than 300, county population less than 500k, and I have been unsuccessful at finding the city ordinance.

T. Augustus Claus
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answered on Aug 16, 2023

In Texas, the regulations regarding discharging firearms within city limits can vary depending on local ordinances and specific circumstances. However, in more rural areas like Douglassville, there might be less restrictive regulations due to the larger land size and lower population density.... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: On unrestricted rural property in Montgomery County, Tx. Is there a limit to how many pets you may have?
T. Augustus Claus
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answered on Aug 16, 2023

In rural areas of Montgomery County, Texas, where property might be unrestricted, there usually isn't a fixed limit on the number of pets you can have. However, it's crucial to consider some practical aspects.

While local regulations might not impose strict pet counts, it's...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: Does the government get you a place if your emancipated in texas
T. Augustus Claus
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answered on Aug 3, 2023

Texas, emancipation is the legal process of becoming independent from one's parents or guardians before reaching the age of majority. When a minor is emancipated, they are considered a legal adult and responsible for their own welfare, including finding housing.

The government does not...
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1 Answer | Asked in Criminal Law, Health Care Law and Municipal Law for Texas on
Q: If you are medically and pharmaceutically not in your right mind can you be charged with the crime if you didn't know it

I was prescribed meds that would be much greater than the side effects of . I was charged with the crime that I have no knowledge of even happening. Am I still able to be charged if the doctor has submitted written statements stating as much? Drugs that are much stronger than the side effects of... View More

John Cucci Jr.
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answered on Jul 28, 2023

In Texas, there is an affirmative defense available for mental defects. However, a doctor's note is not enough to keep you from being prosecuted. You can still be charged with a crime, regardless of your medicine or prescription and it's side effects.

It can be a defense at trial,...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Texas on
Q: I was coerced by a judge into taking a plea on a charge.

I was arrested and had to post over $720 in bonds to get out jail for 2 no registration tickets and a disorderly conduct ticket. One no registration ticket I was guilty of. The other was dismissed. The disorderly conduct ticket was issued to me by a police officer that was not at the scene when... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

The "mediation" with the prosecutor is not a trial, you are not entitled to confront your accuser, therefore your rights were not violated. You were entitled to be represented by Counsel at that proceeding, did you have a PD? Private attorney? Why not? You need to speak with a criminal... 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 Real Estate Law and Municipal Law for Texas on
Q: I am interested in buying a home that didn’t have permits taken out for reservations. What are the implications to me?

I am interested in buying a home that the seller disclosed that permits were not taken out for renovations. What are the implications of this to me as the buyer? Any legal action, penalty fees, issues selling the home in the future, etc. thank you!

John Cucci Jr.
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answered on Apr 17, 2023

If you buy a house and it does not have all the permits or lacks other necessary documents that were required for building or the like, you can apply to the City or County to have the permits done, Nunc Pro Tunc ( Now for Then ).

Sometimes it is a tough road and very expensive. Sometimes...
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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 Consumer Law, Contracts, Landlord - Tenant and Municipal Law for Texas on
Q: Dilemma: in a rental home that had main sewer clogs and landlord/owner aware for months. Now it's backing up

Into multiple different homes. This is also in a MUD district. Tenant law says 3 days to fix. Who's responsible?

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

“Into multiple different homes” sounds like this is a municipal utility problem and not a landlord problem.

The landlord would ordinarily be responsible for the section of plumbing from the dwelling to the main sewer line.

This sounds more like a blockage in a sewer main...
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