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2 Answers | Asked in Criminal Law for Texas on
Q: Can I file a complaint and Sue a police officer for not doing there job when some breaks into your home

My home was broke into and tooken over by people that had no right to be in the home they physically threw me out and when I call the police they said it was a civil matter

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Police officer probably has official immunity. You can, however, file an eviction proceeding to evict the people who are occupying your home. When you win, you will be entitled to a writ of possession which will be executed by the Constable's office. It is the Constable's job to evict... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Can I file a complaint and Sue a police officer for not doing there job when some breaks into your home

My home was broke into and tooken over by people that had no right to be in the home they physically threw me out and when I call the police they said it was a civil matter

John Cucci Jr.
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answered on Jun 22, 2024

NO!

The police do not have to enforce laws. While it is the job of the police to enforce criminal laws, you can not force them to do so. I know it sounds crazy, but that is the law. The only time a police officer must act, is when a "Special Relationship" has been established....
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: my husband was arrested at work, but charged with possession of stuff that he had at home. Is that right to do?

when they got him at his job he was brought back to my house and my house was searched. Could the marshals have done that without a warrant? if not, is there something that can be done?

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, there are a few important legal issues to consider here:

1. Arrest location vs. charge location: It's not unusual for someone to be arrested in one place (like work) for crimes allegedly committed elsewhere (like at home). The location of arrest...
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1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for Texas on
Q: Can DCHHS EHAP (Emergency Housing Assistance Program) be sued? I was denied recertification of my previous rental assist

My caseworker denied the recertification case AFTER SHE advised me to file. I have documentation of fraud, lies and misconduct by EHAP caseworkers so I contacted EHAP director, who agreed with caseworker’s denial until I showed documentation of grave misconduct on the part of several... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some key points to consider:

1. Legal action: Generally, government agencies can be sued, but there are often specific procedures and limitations for doing so. The ability to sue DCHHS EHAP would depend on various factors, including the...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: How can I request a motion to amend Community Supervision for ADA accommodations requests if I can't afford a lawyer?

I have been placed on community supervision, but am having issues with meeting conditions due to mental and physical disabilities. My community supervision officer hasn't she taken into account my disabilities, amongst other barriers I am struggling with. No accommodations nor a plan to make... View More

James L. Arrasmith
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answered on Jun 21, 2024

To request accommodations for your disabilities while on community supervision in Texas without a lawyer, you can take the following steps:

1. Document your disabilities:

- Gather medical records and documentation of your mental and physical disabilities.

- If possible, get...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Received non compete letter but it was blank. Only signed by owner and not me. Dated 2018 but I was hired in 2017
James L. Arrasmith
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answered on Jun 21, 2024

This is an interesting situation involving a non-compete agreement. Let's break down the key issues:

1. Blank non-compete letter: The fact that the letter was blank is highly unusual. A non-compete agreement typically contains specific terms and conditions.

2. Only signed by...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Can I appeal my plea bargain? How?

Inadequate representation of legal counsel.

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

You always have the legal right to appeal even if you have no chance of prevailing.

In Texas, under certain circumstances, you can appeal an unknowingly or involuntarily accepted plea bargain. Inadequate representation of counsel could give rise to a situation in which a defendant...
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2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: In Texas, can I remove my child from a dangerous environment (home of my ex-wife’s convicted felon BF)

During ex-wife’s periods of possession they stay at their home w/ BF overnight (not restricted in our div decree), or on weekends they stay with him at his home 250 miles away in DFW. My 10 y/o son just told me with certainty that the BF has been smoking marijuana around him in both homes and... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

Because you have an existing court order and a new case seeking primary custody, you need to file a motion for temporary orders or, if there is an imminent threat to your child, a motion for a TRO. The facts stated in your question do not justify your violation of an existing court order in my... View More

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2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: In Texas, can I remove my child from a dangerous environment (home of my ex-wife’s convicted felon BF)

During ex-wife’s periods of possession they stay at their home w/ BF overnight (not restricted in our div decree), or on weekends they stay with him at his home 250 miles away in DFW. My 10 y/o son just told me with certainty that the BF has been smoking marijuana around him in both homes and... View More

Sharita Blacknall
Sharita Blacknall
answered on Jun 23, 2024

If you believe your child is being abused, neglected, or exposed to harmful conduct due to your ex-wife's boyfriend's behavior, you should file for a modification of the custody order and request a temporary order. Present evidence of the boyfriend's drug use and criminal history.... View More

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1 Answer | Asked in Family Law, Domestic Violence and Elder Law for Texas on
Q: How can revoke the granting of a power of attorney?

How can one revoke the granting of a power of attorney in which four out of five children did not participate when at the time of granting the power of attorney the principal presented symptoms of dementia and after one year the diagnosis has been Mild Cognitive Impairment (MCI)?

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

The maker of the power of attorney can revoke the power of attorney at any time by signing a revocation of the power of attorney and notifying the agent and all relevant parties. In some circumstances, it may be advisable to record the revocation in all relevant counties. The maker should also... View More

1 Answer | Asked in Immigration Law for Texas on
Q: As a green card holder, if my re-entry permit application is rejected, what options do I have to address the issue?

I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked... View More

James L. Arrasmith
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answered on Jun 20, 2024

Based on the situation you've described, here are some options you might consider:

1. Continue waiting: Since USCIS has indicated that 80% of cases are completed within 16 months, and your application was submitted relatively recently (less than 8 months ago), you may simply need to be...
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2 Answers | Asked in Criminal Law, Employment Law, Internet Law and Stockbroker Fraud for Texas on
Q: Got online job, it paid with crypto but started asking for $ to make more, now will not return funds, what should I do?

Around $20k lost, have records of all communication and transactions. Have contact info for numerous employees as well, job seemed like legitimate company but may have been spoofing the real one. Was reached out to by a recruiter from legitimate website like Indeed.

James L. Arrasmith
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answered on Jun 29, 2024

I'm sorry to hear about your situation. The first step you should take is to gather all your evidence, including communication records, transaction details, and the contact information of the employees you interacted with. This documentation will be crucial for any legal action or... View More

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: I am writing a brief because a judge made a ruiling that the insurance proceeds from a fire are not exempt.

The insureance proceeds are to replace exempt property there fore should be treated as such. I need help with my brief for the court of aappeals

John Michael Frick
John Michael Frick
answered on Jun 20, 2024

I handle civil appeals in both state and federal court. Presumably, competent trial counsel representing you adequately preserved your complaint for review by the appellate court. Our firm typically requires a minimum retainer of $25,000 for a civil appeal, although this amount could be higher if... View More

1 Answer | Asked in Probate for Texas on
Q: Can my brother hide and keep bank account inheritance from our dad?

No will or power of attorney, can my brother get into the account, and if he does once he gets a lawyer is there any way that he could keep it without letting me know? Will the courts get involved and handle this without me doing anything?

James Clifton
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James Clifton
answered on Jun 20, 2024

You will need to file for probate of your father's estate. Once the probate has been filed, whoever is appointed as the personal representative of the estate will be required to provide an accounting of the estate assets. You will need to monitor the probate process to make sure it is being... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: Lady bird law. I reciently inherted a house from my mother through lady bird law deed.

she left me a note stating that I had to transfer the deed to the house within 45 days of her death. is this true ? and if I dont do it in 45 days what are the consequences

James Clifton
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James Clifton
answered on Jun 20, 2024

A Lady Bird Deed (also known as an enhanced life estate deed) allows a property owner to retain control over their property during their lifetime and transfer it to a designated beneficiary automatically upon their death, without the need for probate. In Texas, this type of deed is often used to... View More

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1 Answer | Asked in Insurance Bad Faith and Collections for Texas on
Q: There was a garage fire that melted my HELLCAT back in Sept of 2023. He had dropped the coverage to liability 4 days bef

Before the fire. There was still several days left in the month where the premium was paid already. They refused to pay for my car to be repaired and everything . But they have sent the insurance premium to the collection agency and have stated that the policy wasn't cancelled till January.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. Your question presents things that need to be sorted out for an attorney to advise meaningfully. Who is "he," the person who dropped your coverage? Why weren't you the one in dialogue with the carrier... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Want to see what I can do now to move the process faster for my husband to bring him back to the USA legally.

We have received a I-797 notice of action on Dec 26 2023 but haven't heard anything since. And want to see if we can do something faster to bring him now that Biden passed that law?

James L. Arrasmith
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answered on Jun 19, 2024

First, check the status of your I-797 notice of action online through the USCIS Case Status tool. It will give you the latest updates on your application. If there are no updates, consider contacting USCIS directly through their customer service number for more specific information on your case.... View More

1 Answer | Asked in Personal Injury for Texas on
Q: Can I sue my attacker on a domestic violence case for personal injury causing Traumaic PTSD, broken nose , medical bills
Tara Gilmore-Low
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Tara Gilmore-Low
answered on Jun 19, 2024

The question is not really CAN you sue this individual versus does this individual have assets such that he/she could satisfy a judgment if one is obtained. Yes, you have civil recourse, but this person may or may not be solvent. It is not LIKELY there would be any insurance to satisfy any... View More

1 Answer | Asked in Immigration Law for Texas on
Q: As a green card holder, if my re-entry permit application is rejected, what options do I have to address the issue?

I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked... View More

James L. Arrasmith
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answered on Jun 19, 2024

Here are some thoughts on your options if your re-entry permit application is rejected:

1. Appeal the Decision: If USCIS denies your re-entry permit application, you may file an appeal using Form I-290B (Notice of Appeal or Motion) within 30 days of the denial. In the appeal, provide...
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1 Answer | Asked in Criminal Law for Texas on
Q: A vehicle used for a business but you are not the owner. At what point do you no longer control that vehicle.

Let’s say you return to the owner of the vehicles private property and it wasn’t until after you exited the vehicle a police officer pulls up and turns on his lights. One officer runs my drivers license and checks for warrants and I am cleared on private property. The owner of the vehicle ask... View More

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

The fact pattern you describe raises a fact question as to who was in possession of the "something" the police officer found inside the car. Because you had just exited the vehicle as the police officer was arriving, there is a reasonable suspicion (i.e. probable cause) that the... View More

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