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2 Answers | Asked in Criminal Law for Texas on
Q: Can I b convicted of possession of a controlled substance even if it wasn't found on me but in my belongings?
Tara Gilmore-Low
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Tara Gilmore-Low
answered on May 24, 2024

Yes, under certain circumstances. For example, if the drugs were in your purse or your luggage. That is something that you were in "control" of, while it was not direct possession, the State can show constructive possession which is sufficient to satisfy the statute, however, contact a... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Can I b convicted of possession of a controlled substance even if it wasn't found on me but in my belongings?
Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on May 17, 2024

If it is determined that you were in an area in which you had actual care, custody, control, or management of the drug substance such as a home, car, or bag, although it may not be actual possession in your case, it can be constructive possession. Therefore, the prosecutor can argue constructive... View More

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I find out the deadline for submitting evidence and witnesses in a divorce trial? I am pro se.

I have contacted the court clerk who referred me to the Texas Rules of Evidence, but those rules are not case specific.

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

If there is not a scheduling order entered in your specific case, the deadlines set forth in the Texas Rules of Civil Procedure (not Evidence) and the Texas Family Code govern. Read chapter 301 of the Texas Family Code and Rules 192-195 of the Texas Rules of Civil Procedure, especially Rule 194a.

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: What type of Lawyer do I need to sue someone who has taken property that does not belong to them in Texas?

I'll keep this short as possible. Divorced a woman that I did not have children with but I had my own children. During the course of the divorce, she was granted sole exclusive use of the house and I was not. During that time her and her family liquidated my adult children's assets (who... View More

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

Because your children are adults, they will need to hire an attorney, not you. An attorney with experience in civil litigation in or near the county where the property was taken ought to be able to file a lawsuit for conversion and under the Texas Theft Liability Act. Because of the nature of the... View More

3 Answers | Asked in Car Accidents for Texas on
Q: Need advice on an accident from 2 years ago.

Got in an accident about 2 years where I hit a motorcyclist when I was turning right into a parking lot from a median. He said he was fine after the incident but and left before the cops were called. Insurance paid him money after the fact and now 2 years later he is filing for bodily harm. Just... View More

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

If you had motor vehicle liability insurance at the time of the collision, you need to tender the lawsuit to you insurance company and request that it defend you in the lawsuit.

If you did not have insurance at the time, you need to promptly hire an attorney to timely file an answer on your...
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2 Answers | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

James L. Arrasmith
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answered on Jun 3, 2024

A writ of possession is a court order granting the right to take possession of a property. In the context of probate, it typically comes into play when dealing with the estate of a deceased person. If an executor or administrator needs to take control of property that is part of the estate, but... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

A Writ of Possession is where the Court instructs the Sheriff to give possession of a property or apartment to someone, who has a newly granted legal right to possession of the property. Example, is when an heir (son of deceased), has received an Order or decision of a Probate Court, naming him as... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: Sponsored a Cuban via Cuban Humanitarian Parole. Arrived 1 month ago. Untrustworthy person. Can sponsorship be revoked?

I sponsored someone my wife befriended from Cuba. She was sponsored via the Cuban Humanitarian Parole program along with other relatives of my wife. Since arriving, this person has shown indications she is an untrustworthy person in character. Based on her actions, I am longer feeling confident in... View More

James L. Arrasmith
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answered on May 15, 2024

I understand your concerns about sponsoring someone who has turned out to be untrustworthy. Sponsoring an individual through the Cuban Humanitarian Parole program is a significant responsibility, and it's important to consider the potential consequences.

Regarding revoking sponsorship,...
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1 Answer | Asked in Criminal Law and Divorce for Texas on
Q: I want to fire my court appointed attorney but I have a status hearing in 6 days
John Michael Frick
John Michael Frick
answered on May 15, 2024

A mentally competent person can fire an attorney, including a court appointed attorney, any time without having to provide any explanation.

A court is not required to appoint a new court-appointed attorney or to grant a continuance of any setting. The defendant can represent him- or...
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1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Texas on
Q: How can I recover due wages, commissions, tips, that employer won't pay without going to twc.

I am due pay, however there are contracts that's may not be valid,

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

The employer could decide to pay you. But if the employer refuses, the easiest and quickest way to get paid is to file a wage claim with the TWC. Unlike lawsuits which take years, a wage claim with the TWC is routinely resolved in a matter of months.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: If a home and property are purchased after a couple is married and the husband passes away does the son of the husband

Have any rights to money from selling the home and property if the son disowned the family and even went so far as to change his last name and had nothing to do with the family in the state of Texas

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

If the son is not the child of both the husband and wife, and the husband has died without a Will, the husband's one-half interest in the community property home passes to the son and any other surviving children or descendants of the husband per stirpes. Texas Estate Code sec. 201.003(c).... View More

1 Answer | Asked in Tax Law for Texas on
Q: Can the reservation take taxes from your check without your authorization?

My husband is incarcerated and he had told them that they could take his taxes at the end of the year but for some reason they did it on his last month check.

James L. Arrasmith
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answered on May 14, 2024

If your husband authorized the reservation to take taxes at the end of the year, they should not take them from his monthly check without further authorization. Typically, taxes are deducted based on an agreement or legal requirement, and unauthorized deductions might violate those terms.... View More

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

2 Answers | Asked in Criminal Law, Family Law and Probate for Texas on
Q: My brothers incarcerated he gave someone power of attorney he gave me the revocation of power of attorney for that perso

For that person how do I go about making sure that she knows she's no longer power of attorney over his stuff do I take her a copy or certified mail her a copy do I file in the court I'm not sure what to do can you help me there?

James L. Arrasmith
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answered on Jun 3, 2024

To ensure that the person who had power of attorney for your brother is aware of the revocation, you should take a few steps. First, deliver a copy of the revocation of power of attorney to her. This can be done in person, but sending it via certified mail with a return receipt is advisable to have... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case?

On Sept. 20, 2023 I took a bad fall and shattered my left femur in half and tore ligaments in my left foot along with fracturing 2 metatarsals and broke 4 toes on my right foot. Surgery had to be delayed until Sept. 23 due to damaging my kidneys and needing a blood transfusion. So all along up... View More

Gail N. Friend
Gail N. Friend
answered on May 13, 2024

Based on the information you provided, your injuries occurred 8 months ago, due to trauma significant enough to fracture bones in both extremities, complicated by infection. What you did not provide is information about your underlying medical conditions, and prior medical history. We also have... View More

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2 Answers | Asked in Immigration Law and Adoption for Texas on
Q: Dear Sirs, and Ma'am's ; I was Born in 1943 and arrived in Ellis Island. I need a Birth Certificate!

I have never seen one. I was allowed to join the Navy back in the sixties when My adoptive? father signed for me. Wouldn't he have had to show said document? I have gone to the place I was raised and they have no record. HELP!!!

James L. Arrasmith
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answered on May 13, 2024

It sounds like you need assistance obtaining a birth certificate, which is essential for various legal and personal matters. Since you were born in 1943 and arrived at Ellis Island, it is possible that your birth records are held in the country where you were born or in the archives related to... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Divorce for Texas on
Q: Can I file for divorce on my own, if I'm asking for NO court ordered child support for a 4 year old?

Spouse is in Harris County, however I now preside in Travis County. I'm not seeking child support and don't want a legal battle.

John Michael Frick
John Michael Frick
answered on May 13, 2024

Legally, an individual is allowed to represent herself (or himself) in court in Texas. It doesn't matter whether you are asking for court ordered child support or not.

Legally an individual can rebuild the transmission of her own car.

You have to ask yourself if you have the...
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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Cana district court dismiss a case with prejudice after a Pro Se files misconduct of a magistrate judge to Appeals cour?

The case is in TX. The magistrate judge didn’t send the Pro Se the Pro Se guidelines, notice to serve, didn’t provide an attorney when he was far below 125% of poverty line, even till date. The court says it sent notice to Pro Se, but returned to court after 67 days. The Pro Se didn’t get... View More

John Michael Frick
John Michael Frick
answered on May 13, 2024

Yes. Filing a frivolous "misconduct" claim against a U.S. Magistrate Judge with an appellate court does not stay or delay the proceedings in the district court. The district judge can continue to rule on pending motions, including motions to dismiss, and it is very unlikely that the... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: TCP 209.0057 what is a legit estimate of a POA of less than 2500 property owners to charge for a recount?

Our POA refused to produce the documents of TBC 22.158 prior to voting in the latest election on 5/11/2024. They also refuse to produce any documents even when properly requested through certified mail. Home owners are met with harassment and extra fees. A group of property owners want a recount of... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2024

You are in a tough spot.

However, you have rights, by TX law, and by the by-laws and rules of the Association. Which can be attacked or dissolved, if you were to garner enough homeowner votes.

One way to gain some leverage is to sue the association for their actions that are not...
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1 Answer | Asked in Foreclosure and Landlord - Tenant for Texas on
Q: Landlord didn’t pay the mortgage and now we’re being evicted. I think she knew and still took my money. What do I do?

I have lease agreement everything. Can I press criminal charges

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2024

You can seek criminal charges against your landlord if you have solid proof. But it is always up to the police and the District Attorney, as to whether or not, the case will be prosecuted.

You can sue the landlord, and the foreclosing bank for possession. If your lease is for more than...
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