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1 Answer | Asked in Criminal Law for Texas on
Q: I paid by attny $1400 to have his PI serve a subpoena and then the PI company sent me an additional bill for $862 more.

I said I paid $1400 already and while they said the witness tried to evade getting served, she was within 10 miles of the PI company. I didn't have an agreement with the PI company myself.

I was just arrested for larceny for the $862 extra.

From what I've researched,... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

Typically, attorneys act as an agent for their clients in contracting for services like those of a private investigator. As with any contract, the principle (i.e. client) is legally responsible to contractors like private investigators for the cost of those services. As long as the agent... View More

1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Citizenship with rejected misdemeanor

I have been a permanent resident since Feb 2020.

In 2025, I could apply for naturalization and get citizenship.

In December 2023, I was arrested for domestic violence (slapped in the face wife once), I hired a criminal attorney and the DA office refused my case with no charges in... View More

James L. Arrasmith
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answered on May 7, 2024

I understand that this is a sensitive and important situation. Based on the information you provided, here are my thoughts:

1. Eligibility for Citizenship in 2025

Even though the domestic violence charges were ultimately rejected by the DA's office, the arrest itself could...
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1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Is Class C Misd. Traffic Violations with Def. Adjudication in Texas a CIMT & affect asylum and/or EB status adjustment?

The accused was driving with head-tail lights off & confused. She has a pending asylee status [no asylum interview yet], and became a victim of rapid escalation, was arrested & accused with Misd. Class B: Fleeing a Police Officer in TX. It had NO damage, resistance, drugs/alcohol. The... View More

James L. Arrasmith
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answered on May 7, 2024

Based on the information provided, here are a few key points to consider:

1. Deferred adjudication is generally considered a conviction under U.S. immigration law, regardless of whether it's for a Class C misdemeanor (traffic violation) or a Class B misdemeanor (fleeing a police...
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1 Answer | Asked in Contracts for Texas on
Q: i want to terminate my contract with a pest control company because i can no longer afford it.

They say I will have to pay through the year.. totalling $1200.00 since I signed the contract. They aren't going to be doing the service.. am I bound to that payment?

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

It depends on what you agreed to in your contract. One year pest control contracts are legal and are common.

If the contract was solicited by a door-to-door salesperson, the three-day rescission rule applies. See linked article for how that rule operates:...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs

if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs with 2 kids now im trying to enforcement.. but just asking can i revoke divorce he makes twice more in his income

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

No, you cannot revoke a divorce. If you were unaware of the previous divorce proceeding and did not receive notice as a result of some fraud or deception by your ex-husband, you could possibly file a bill of review.

Disparity in income standing alone is not a sufficient basis for an award...
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1 Answer | Asked in Employment Law, Immigration Law and Business Formation for Texas on
Q: N-400 application Question: I had a handicap space parking ticket last year, and a fine of $500 was paid.

How do I answer this question, knowing fully well that I received a citation/ticket for a handicap space parking violation last year, and a fine of $500 was paid. ? - Have you EVER been arrested, cited, detained, or confined by any law enforcement officer, military official (in the U.S. or... View More

James L. Arrasmith
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answered on May 6, 2024

Based on the information provided, it does not appear that a parking ticket would require you to answer "Yes" to this question on the N-400 naturalization application.

The question is specifically asking about arrests, citations, detentions, or confinement related to crimes or...
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2 Answers | Asked in Employment Law, Contracts and Estate Planning for Texas on
Q: When writing to companies about late husbands benefits can this just be ignored?

I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More

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

First and foremost, file an application to probate your late husband's Will or his estate if he didn't have a Will at the time of his death.

If you are appointed as the personal representative of your deceased husband's estate (either as the executrix of his Will or as the...
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2 Answers | Asked in Employment Law, Contracts and Estate Planning for Texas on
Q: When writing to companies about late husbands benefits can this just be ignored?

I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More

Gratia "Grace" P. Schoemakers
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answered on May 6, 2024

Without knowing the situation, it is possible the accounts had a Beneficiary designation on there that was NOT you.

If the money went to someone else, you have no right to know about this, as you are not the beneficiary.

If the accounts had no beneficiary, then you should go through...
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1 Answer | Asked in Estate Planning for Texas on
Q: Do I need to set up a separate bank account for a living revokable trust?

I'm setting up a living revokable trust for me and my sister - we are grantors and will be trustees (beneficiary will be a relative upon our death). The only assets funding the trust are 2 real properties (no mortgage/liens) and a few mineral rights (100% owned). Currently, 2 of the minerals... View More

Gratia "Grace" P. Schoemakers
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answered on May 6, 2024

It is unclear what you mean with "separate account." For a trust to be property funded (i.e. all assets are moved into the trust name), a trust will need to have a bank account in the trust name.

So presuming you mean "separate account" from your "personal...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: is it legal to switch the duties of a salaried employee to a higher position and refuse to promote him?

My husband (a manager in a store on salary) was permanently transferred to a different store to cover the position of a higher manager who had also been transferred. When he asked for a raise or at least a change of title to a higher role he was refused. So now they have 2 persons with a same title... View More

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

Yes, he can legally tell his employer that he will need a promotion to the higher position and a larger salary due to his transfer to a different location and greater responsibilities. If his employer refuses, he can legally quit his job. In the current labor market, his employer has little... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Small Claims and Landlord - Tenant for Texas on
Q: Is this Blackmail/Extortion? Or do I need to pay?

When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More

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

Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Living restrictions through custody agreement

Eight years ago, my ex-husband allowed me to move outside of the living restrictions. I am now getting ready to move again, but it’s in a different county also outside of the living restrictions. Can he come after me or are those living restrictions now voided since he allowed me to verbally move... View More

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

The geographical area restrictions in a custody agreement are typically incorporated into a custody order. Modifying the custody order requires another order of the court. A verbal agreement between the parents is usually not enforceable but, as long as he doesn't file anything with the... View More

1 Answer | Asked in Car Accidents for Texas on
Q: This is regarding my auto collision claim with my Insurance Provider.

This is regarding my auto collision claim with my Insurance Provider.

On 02/21/24, my Toyota RAV4 hit a deer and caused major damage to my car. My insurance provider is Geico.

I have been advised to take my car to the "Geico Express Facility" Body Shop. I left my car... View More

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

I would ascertain what part is "on order," when it was ordered, and where it is coming from. If the part is genuinely "on order," it is unlikely you have a claim against GEICO or the body shop as it is not their fault that the part needed to repair your vehicle has not yet... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My wife was F2A visas with children and now is IR1 visa category . I do not see my kids on her profile on CEAC account.

What happens to the Kids category ? Shou they still follow her ?

James L. Arrasmith
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answered on May 5, 2024

In this situation, it's important to understand that when your wife's visa category changed from F2A (family-based second preference for spouses and children of permanent residents) to IR1 (immediate relative, spouse of a U.S. citizen), the visa category for your children should have also... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Does not spending a full 6 months in the country with residency status affect my ability to take the us citizenship?

I would like to take the test in Spanish it requires 50 years of age and 20 years in the country with permanent residence status. I have been here for 23 years with permanent residency but my first 5 years I used to spend less the 6 months in the country because of educational schooling back in my... View More

James L. Arrasmith
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answered on May 4, 2024

Based on the information you provided, spending less than 6 months per year in the United States during your first 5 years as a permanent resident should not affect your eligibility to take the U.S. citizenship test in Spanish, as long as you meet the other requirements.

To be eligible for...
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1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: Hi there,I was wondering if somehody could determine the likely outcome for this scenario.

A university or professor sues a student for posting a test onto a course sharing website for copyright infringement. During the proceeding, the professor or university wants to subpoena the identity of the poster and viewers of the test that poster posted; would this subpoena be granted? Would it... View More

Michael I. Leonard
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answered on May 4, 2024

In the context of a civil lawsuit, a Subpoena for the production of documents is only needed if the intended recipient of the Subpoena is NOT a party to the lawsuit. Otherwise, if the documents are being sought from a party to the case, then a Request for Production of Documents would instead be... View More

2 Answers | Asked in Immigration Law for Texas on
Q: I am looking to marry a gentleman who is Lebanese. Would it be quicker to get his visa as a Fiance' or a Spouse?

We are debating which would be the smoothest/quickest option and am finding conflicting information. We have no issue hiring an immigration lawyer but I just want to make sure we take the route that is quickest without causing future roadblacks.

James L. Arrasmith
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answered on May 3, 2024

The process of bringing a foreign fiancé or spouse to the United States can be complex, and the quickest option may depend on your specific circumstances. However, in general, the K-1 fiancé visa process is often faster than the immigrant visa process for a spouse.

1. K-1 Fiancé Visa:...
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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: During divorce do I need a quit claim on the house

We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?

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

Typically, as part of your divorce settlement, you would want a Special Warranty Deed to ensure that your wife's surrender of her community property interest is properly recorded in the Deed Records. A quit claim deed is usually used when someone does not have a clear interest in a parcel of... View More

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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: During divorce do I need a quit claim on the house

We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?

James Clifton
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James Clifton
answered on May 3, 2024

During a divorce, it's generally advisable to address any property interests, including the house, to ensure clarity and protect your interests going forward. Even if your spouse has expressed that she wants nothing to do with the house, obtaining a quitclaim deed can help to formalize her... View More

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1 Answer | Asked in Tax Law, Banking and Employment Law for Texas on
Q: I was on ADP when I noticed a stub that I never received for 11,000 is there a reason

Happened November last year also no W2 just want to know why someone would do that

James L. Arrasmith
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answered on May 3, 2024

Hi there! I can provide some general guidance on why there might be a discrepancy and what you can do about it.

Reasons for a payroll stub without receiving the funds:

1. Administrative error: It's possible that a clerical mistake resulted in the generation of the stub without...
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