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1 Answer | Asked in Criminal Law and Libel & Slander for Texas on
Q: What kind of case would severe harassment and defamation of character from false accusations of being a child molester

What legal matters can I take?

Do you take cases pertaining to false accusation and severe harassment?

I'm being harassed, 24/7 ( literally) by NY community, I guess, of being a child molester and its getting out of hand. I know you hear this a lot, but I am 100℅ innocent and... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2024

In order to prevail, you will need to prove that someone actually believed the false accusation and took some sort of adverse action against you based on that belief, such as by firing you, assaulting you, denying you a job, etc.

2 Answers | Asked in Internet Law, Consumer Law and Criminal Law for Texas on
Q: Can you help me? I've been scammed trying to buy a 2018 Nissan Altima for $2,500, since May 21st. I paid $2,815.

Since May 21st. I am out of $2,815, trying to purchase a 2018 Nissan Altima for $2,500, I was promised a $2,815 refund at delivery. Now they are requesting an additional $1,200, it is always some new money request.

My Goal is compensation and/or exposing this situation.

I paid.... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

This sounds a lot like a scam and you should notify law enforcement, Zelle, and CashApp.

In an ordinary purchase of the used car, you would pay the money to the Seller, the Seller would sign the title over to you, and you would take possession of the vehicle and title. If you were...
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2 Answers | Asked in Internet Law, Consumer Law and Criminal Law for Texas on
Q: Can you help me? I've been scammed trying to buy a 2018 Nissan Altima for $2,500, since May 21st. I paid $2,815.

Since May 21st. I am out of $2,815, trying to purchase a 2018 Nissan Altima for $2,500, I was promised a $2,815 refund at delivery. Now they are requesting an additional $1,200, it is always some new money request.

My Goal is compensation and/or exposing this situation.

I paid.... View More

James L. Arrasmith
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answered on Jun 8, 2024

I'm so sorry to hear that you've been the victim of this scam. Unfortunately, these kinds of car buying scams are all too common. Based on the details you provided, this sounds like a classic advance-fee scam where the scammer keeps demanding more and more payments for bogus fees and... View More

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1 Answer | Asked in Probate for Texas on
Q: Are handwritten and notarized wills valid and who would be the executor of an estate when a child of the deceased exists

Someone I know had a sibling with mental illness and addiction issues. His sister has a handwritten / crude “Will” that was notarized. He stayed with this sister regularly but was basically homeless. His adult child has come forward arguing that the money in his account belongs to her not his... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

If a valid Will names an executor, the person named as executor will most likely be appointed as executor if they are qualified and want to serve. A testator (the person who makes a Will) has no legal or other obligation to name a child as executor over a sibling. The child of the testator has no... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Could my lawyer be wrong about me going to prison?

On 10 yr probation for intoxicated manslaughter in Texas. Done 7 so far. Had 1st VOP for failure to ID. Got 3 wkends. 2nd VOP driving w out a breathalyzer. Got 4 wkends. Just failed UA for alcohol revocation was filed.

Lawyer I use for VOPs said definitely doing prison time, original charge... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

Yes, a lawyer can be wrong. I have practiced law since 1988, and there are still occasions when I am wrong even with 36 years' experience. Obviously, earlier in my career, I was wrong more often than I am now. A lawyer can tell you, based on his past experience, familiarity with the judge,... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I want to change the possession schedule for a child, because my daughter and the girlfriend are not getting along.

Divorced since 2017 ; I am a non-custodial parent. I have the standard possession schedule and I have been paying constantly the child support obligation,

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

You should contact an attorney who practices family law in or near the county where your child lives to discuss the possibility of filing a motion to modify the possession schedule. That attorney will advise you, based on the particular facts and circumstances of your case and their knowledge of... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Divorce decree was written by spouse attorney how do I add comments for judge in Texas. Judge hasn't signed yet
John Michael Frick
John Michael Frick
answered on Jun 6, 2024

If there was a trial, you need to prepare and submit written objections to any part of the decree that you think should not be included within ten days of when you receive the draft decree from opposing counsel. The court will then hold a hearing on your objections. You should be prepared to... View More

1 Answer | Asked in Libel & Slander for Texas on
Q: My fiancé’s ex has started a social media page to tell her story of surviving his abuse and is stating untrue info.

She has stated he has narcissistic personality disorder (he has not been diagnosed) and that he was abusive mentally and physically during their relationship. She has stated things about myself as the “mistress,” like I have been stalking her and plotted to steal the house from her. No plot... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

If the information she has published is false and defamatory and other people have believed what she posted and taken adverse action against you and your fiance such as firing, demoting, declining credit, refusing to do business with, etc., you can potentially sue her for any actual compensatory... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: I went to court May 20th 2024 and the case is for judgment of possession the plantiff is briarwood apartments and I am

After the hearing and considering the evidence this court is of the opinion that the plantiff is entitled to possession of the property located at xx I am The defendant xx and this is the judgment of possession is a petition for forcible detainer it is ordering accordingly order decreed that... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

This sounds like an eviction case in which you have been evicted from the apartment. If the tenant does not filer an appeal, a writ of possession is issued ten days after the date the judgment was granted. That gives the tenant ten days to move out of the apartment. A writ of possession will be... View More

2 Answers | Asked in Gov & Administrative Law for Texas on
Q: If i purchased a vehicle. And the person that sold it to me told me the tags would cost me $85. When i went to the tag a

Agency they said the car had not been tagged for over a year and a half. Its$434.00. The man has not ever put th car in his name. He bought it in2022. He gave me a notarized title. And itrying to sign it over to me when its not even been brought up in his name to avoid him paying the $434.00. What... View More

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2024

It sounds like he may not have been familiar with the vehicle transfer process, which could include administrative fees and taxes that many vehicle owners might not know about unless they inquired with their local DMV office. It could depend on what the sales documents stated about the handling of... View More

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1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Texas on
Q: Probate in TX has an expiration of 4 years. Does that include entire process from start to finish legally?

My Brother's (ages 18 & 26) Father died in May 2021. The home is paid off, but everything is in their deceased Father's name. Vehicles, Property,Bills etc... my brother was told he needs to get Probate taken care of in order to have everything transfered in his name. What are the... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024

There are some issues that need to be addressed. There is a 3 year time limit on filing for a Probate or Administration for an Estate in TX.

Since there was NO WILL, there MUST be an Administration filed to establish an Estate and to administer the same. An Administration is filed when...
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1 Answer | Asked in Family Law for Texas on
Q: Hello,The name on my birth certificate differs from the name I have always used.

My name on my birth certificate is Mary and the name I have always used is Marya, Do I need a court order to change my name?

James L. Arrasmith
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answered on Jun 5, 2024

To change your name from Mary to Marya officially, you'll need a court order. This process involves filing a petition with the court in your jurisdiction. Once you submit the necessary paperwork, a judge will review your request.

If the judge approves your name change, you will receive...
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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: If my spouse pays the mortgage on the house that I own , does he have any claim as to ownership in TX?

We live in the house that I own from a previous marriage.

James Clifton
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James Clifton
answered on Jun 5, 2024

In Texas, property acquired before marriage is generally considered separate property, while property acquired during the marriage is presumed to be community property. However, the situation can become more complex if community funds are used to pay for the mortgage or improve the property.... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I have got a summons for court for not paying all my court fees and restitution. What should I look forward to?

I made payments but they were being split between restitution court fees and probation fees.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jun 5, 2024

Not paying restitution and fees is a violation of probation. You can speak with your lawyer about sorting out and making all necessary payments before the court date. You should bring proof of such to court. The probation officer can also inform the court that you have made all necessary payments... View More

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Texas on
Q: Ok my grandmother passed away in 2015 and there was a joint wheel that was put in place in 1973 can my aunt over power i

There was a will put in place in 1973 my grandmother passed away in 2015 the probate was never challenged and my father passed away in 2019 my grandmother only had two children did my aunt having power of attorney give her the ability to override the wheel?

John Michael Frick
John Michael Frick
answered on Jun 3, 2024

A power of attorney ends when the principle who signed the power of attorney dies. A will does not go into effect until it is probated and a will can only be probated after the individual who signed it dies. So the attorney-in-fact named in a power of attorney cannot override a will.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I need help I was divorced 2021 and I'm finding out that I'm still married my ex is the one who filed.

My ex-filed false protective order on me and got a favor done because she had connections with high up people that are political, I was forced to sign paperwork whenever the restraining order was broken because we reconciled and I was finding that she was married with a child before, and then my... View More

John Michael Frick
John Michael Frick
answered on Jun 3, 2024

You should hire an attorney experienced in divorce law in or near the county where your divorce proceeding is pending. Given the facts stated in your inquiry, you should seek out one with several years experience or one who is board certified in family law. You will almost certainly need to pay a... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I would like to know if I am legally bound to continue a seller financing sale. I am the seller and I’ve changed my mind

I realize that I am bound by the sales contract to sell the property however I would like to back out of the financing segment. The buyer is telling me I am required to fulfill the financing obligation because I signed a document stating that I had seven days to review his credit which has elapsed.... View More

James Clifton
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James Clifton
answered on Jun 3, 2024

It will depend on what the document says. However, if you agreed to something in writing, you are bound by the terms of the document that you signed under contract law unless there is a legal justification for you to not perform. Some examples of legal justifications to not perform under the terms... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Can apartment complexes with gate access only have one way to open gates?

I live in a gated apartment complex in Austin, TX. When I moved in access to the gate was controlled by NFC cards given to each resident. Since then they have 'upgraded' all resident front door locks to smart locks, and has switched to using Chirp app for gate access. I have asked and... View More

James L. Arrasmith
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answered on Jun 3, 2024

Apartment complexes can implement specific methods for gate access, but they must ensure that all residents have reasonable means to enter the property. If the app-based system is unreliable and causing issues for multiple residents, the management should address these concerns and provide an... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Went to jail on GJI that was dismissed. still in jail, bondsman went off bond before charge dismissed judge raise bond

Amount, can I get bonds reduced back down

James L. Arrasmith
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answered on Jun 3, 2024

If the grand jury indictment was dismissed but you are still in jail, you may have grounds to request a bond reduction. Since the bondsman withdrew before the charge was dismissed and the judge raised your bond, you should discuss your situation with your attorney. They can file a motion to have... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I departed US for Canada since October 2018. How do I go about immigration removal proceeding in court & I'm not in US

I was asked to leave US after my failed application for permanent residency through marriage in 2018.

I left voluntarily to Canada in October 2018.

I was informed there's removal proceeding against me in San Antonio Immigration court and I already left the country since October... View More

James L. Arrasmith
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answered on Jun 3, 2024

Since you have already left the U.S. voluntarily and are now in Canada, the removal proceedings against you in San Antonio Immigration Court should be addressed promptly. First, contact the court directly or through an immigration attorney to inform them of your departure and current location. This... View More

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