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Texas Questions & Answers
1 Answer | Asked in Stockbroker Fraud for Texas on
Q: I feel I’ve been scammed in the crypto market, and I am seeking an attorney who can help me recover my funds,
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

Our firm does handle this type of claim both with respect to cryptocurrency and NFT in investment scams. While there are legitimate investment opportunities, scammers can and have taken advantage of individuals who do not understand them.

That being said, these are high risk investments....
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2 Answers | Asked in Civil Litigation and Civil Rights for Texas on
Q: I purchased a 2007 truck from a relative in 2021 for 9000 dollars. It is now 2024 and he claims that I owe him $2000.

He said the truck was worth 11000, but at the time of purchase he agreed to the sale price of $9000. He cashed the check for this amount.

John Michael Frick
John Michael Frick
answered on Aug 19, 2024

Texas has a four-year statute of limitations on a suit for collection of a debt, so it is likely too late for him to even pursue such a claim at this time.

I note that the purchase of a motor vehicle is a relatively simply transaction that most people can handle without an attorney. You...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: I need interpretation of Estate Code 351.054. As an Executor to the Estate can I file a law suit for damages without Att
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

An executor of an estate can file a lawsuit pursuant to section 351.054 of the Texas Estates Code without an attorney. An executor owes fiduciary duties to the beneficiaries of the estate. So it is very important that the executor handle any such lawsuit with the same degree of skill as an... View More

3 Answers | Asked in Criminal Law for Texas on
Q: Will they explain to me what will happen if i plead guilty before i plead for my class c misdameanor

I have a possession of drug paraphernalia citation and i want to know if when i go to court to plea tomorrow if they will explain to me what will happen if i plea guilty before i plea

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

Good Afternoon!

If by "they", you mean the Judge or the Prosecutor, they will, but they will not give you advice on what your options are or what you should do. For that, you need a defense attorney. Do not plead guilty as there are other avenues. You do not want this to...
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1 Answer | Asked in Family Law and Divorce for Texas on
Q: my husband married another woman in another country would this invalidate the marriage and be considered bigamy?

my husband went to another country and married woman. I have proof of the ceremony. we were married in 2012 and he was remarried in 2023.

Brendin Miguez
Brendin Miguez
answered on Aug 16, 2024

Under Texas law, if your husband marries another woman while still being married to you, this is considered bigamy. Bigamy is illegal in Texas and constitutes a criminal offense under the Texas Penal Code § 25.01.

To answer your specific question:

Bigamy: If your husband is legally...
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1 Answer | Asked in Contracts and Animal / Dog Law for Texas on
Q: Does something signed on my behalf while I was a minor effectively become mine when I turn 18?

My parents purachsed a horse for me when I was a child. Even though the horse is in my name, do I own it now that I am an adult, or do they since they signed on my behalf?

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

Texas does not generally prohibit minors from owning property. There are certain specific things (tobacco, alcohol, etc.) that a minor is prohibited from buying and owning, but a horse is not one of those things.

The horse has been yours since it was purchased for you in your name.

1 Answer | Asked in Tax Law and Identity Theft for Texas on
Q: Can I sue my sister for stealing my identity? she created crypto accounts using my name and didn't pay any taxes on it

She created multiple crypto accounts in my name and made capital gains trading but never paid any taxes, can I sue her for it? I would like to hold her accountable for the taxes she occurred in my name. I don't want any future issues with the irs. Nor do I wanna deal with any legal issues,... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 9, 2024

Well, how do propose to avoid legal problems by inititiating a lawsuit against your sister? I am not trying to demean you or make fun of your situation, but the idea of suing someone in order to avoid legal difficulties in the future is one of the worst ideas I have heard of in a good, long while.... View More

2 Answers | Asked in Medical Malpractice for Texas on
Q: My husband Was seen in the Emergency room for shortness of breath.Oxygen saturation level Being all over the place they

Admitted him was waiting for a bed in icu but went ahead and started bipap machine Which he was on for a couple hours. He was coherent talking to us and even said he could breathe. When a bed was available and I see you they disconnected the bypap therapy machine without talking to me or him about... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 9, 2024

Yes it may be a case. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Here, the harm is clear, the death. Another qualified health care provider or providers would be needed to testify as to the breach of the standard... View More

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2 Answers | Asked in Medical Malpractice for Texas on
Q: My husband Was seen in the Emergency room for shortness of breath.Oxygen saturation level Being all over the place they

Admitted him was waiting for a bed in icu but went ahead and started bipap machine Which he was on for a couple hours. He was coherent talking to us and even said he could breathe. When a bed was available and I see you they disconnected the bypap therapy machine without talking to me or him about... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2024

You need to ask a medical doctor practicing in the area of emergency medicine whether disconnecting the bipap machine when transferring a patient into the ICU is a breach of the standard of care for a patient with your husband's symptoms. You will probably want that doctor to thoroughly... View More

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1 Answer | Asked in Business Formation for Texas on
Q: I registered my LLC in Delaware but conduct business nationwide. Where should I file my DBA?
John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Each state's rules differ. In Texas, after you register your Delaware LLC as a foreign entity doing business in Texas, you must file your d/b/a with the Texas Secretary of State.

Other states may require it be filed in a similar statewide office, while some may require it be filed in...
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1 Answer | Asked in Civil Litigation for Texas on
Q: Do i have a case if i was traveling by bus and use the womens RR and find the toilets with stool in them

I found tissue and plumbing stopped up but housekeeping never cleaned up and i had to use the restroom in that condition which is hazardous to my health for i have a pre existing medical condition

John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Probably not. You would need expert medical testimony proving that the condition of the toilet proximately caused some sort of compensable damages, for example by requiring new additional medical treatment because it aggravated your pre-existing medical condition.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: I NEED NELP WITH APPEAL TO THE TEXAS SUPREME COURT. PLEASE HELP ME.

I FAILED WITH MY PERTITION AND NEED A RESPONSE.

John Michael Frick
John Michael Frick
answered on Aug 15, 2024

I handle appeals to the Supreme Court of Texas. In a typical appellate case, our firm requires an initial retainer of $25,000 to begin work.

I am bothered by your statement that you failed with your petition and need a response, as that is very ambiguous. There may be a timing issue...
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2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Can I see my landlord for not making repairs in my apartment causing me a health injury?
John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Unless you have agreed otherwise in your lease, yes. You will need to prove that your landlord was aware of the dangerous condition that caused your injury (usually because you sent in a maintenance request) and that the landlord failed to correct the condition within a reasonable time.

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Hi, I have developed a prototype solution and would like to know how I can file for patent of this product.

I have developed a solution to integrate Blood Collection , distribution and stakeholders. I would like to patent this solution so that I can seek for investments to build a complete product.

Regards

Natia Kurdadze
Natia Kurdadze
answered on Aug 19, 2024

Filing a patent for your prototype solution involves several steps. Here’s a general overview of the process:

1. Determine the Type of Patent

Utility Patent: Protects the functional aspects of your invention.

Design Patent: Protects the ornamental design of your invention....
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Ex breaking contract from mediation and hiding with my son, what can I do to enforce contract or get custody of my son?

Mom and myself have a final order in that we agreed to with mediation and she's constantly breaching contract. I don't have an address on file and there is barely any communication coming from her so I'm not able to have a relationship with our son. I want to start over and fight... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

You need to make sure your address and other contact information is immediately updated with the court, with the mother, and with the state child support disbursement unit.

I strongly recommend that you make sure your child support payment history is accurate and shows that you have been...
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1 Answer | Asked in Cannabis & Marijuana Law for Texas on
Q: Can first time offenders felony charge with the pen with THC that was bought at a smoke shop be charged with that felony
John Michael Frick
John Michael Frick
answered on Aug 14, 2024

Yes, possession of any quantity of THC in Texas is a felony unless it falls within the "hemp" exception. The legal definition of "hemp" requires that it have a concentration of delta-9 THC that is not more than 0.3% on a dry weight basis.

It is very important that you...
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1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Small Claims and Workers' Compensation for Texas on
Q: can I file law suit for bad faith, pain and suffering , malpractice against an insurance carrier , intentional neglect

The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If a felony charge on my record says deferred, is it still a conviction?

If not does that mean I can put that I have not been convicted on a job application?

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

We don't know what your criminal record says, or what the context is. That said, deferred adjudication, by definition, is not a conviction. Deferred adjudication is when the court agrees not to convict you for the crime you've been charged with so long as you can stay out of trouble in... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: can a family assault strangulation charge charge/worsen if the victim is a minor and he’s still awaiting pre trial

he is 25 and i am 17 we’ve been together for a year and i did not call it in it was a traffic stop where i was bleeding and found in the car with him. he also got caught with hard drugs. i said i did not want to press charges but the state did anyways

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

If by "we've been together for a year" you mean that you, then 16, and he, then 24, have been in a sexual relationship, then yes-- things can certainly get worse for him because he can be charged with various sexual crimes against a minor. I can picture the charges being aggravated... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: How can you find someone to help get a bond reduced especially when the bond is way excessive

The bond is set at $1 million dollars for a first time ever getting into any trouble. Has no prior record and has not seen a judge at all. Also like how much does it cost

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

There is no guarantee that bond will be reduced as the result of hiring a lawyer because the bond isn't set by the lawyer, so the lawyer doesn't have the ultimate power to reduce it. That being said, a lawyer can consult with you and give you a better picture of what they believe they can... View More

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