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If yes, do they need a warrant from a judge? And if you refuse, are there any penalties? I am interested in knowing what the law says in Texas, but I am curious about the laws in other states as well.
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answered on Oct 28, 2024
This is a great question. The DRE evaluation just like the Standardized Field Sobriety Tests is voluntary. You agree to allow them to perform the evaluation. This evaluation must be done down at the station and the first step in the 12 step process is getting a sample of your breath - to rule out... View More 
I have a small claims case against an auto shop. The owner was served months in advance by a sheriff but didn’t show up to court. The judge informed me the defendant had hired an attorney who didn’t receive notice of the court date. Don’t I have a right to win, as the defendant was served and... View More
answered on Oct 25, 2024
No, you cannot appeal as there is no final judgment to appeal.
You are not "entitled" to win. The judge can only grant a default judgment if it is clear that the defendant does not have any intention of defending the claim and intentionally did not show up or was... View More
answered on Oct 25, 2024
If your house is community property, the court will include it in the "just and right division" of your marital estate regardless of whose name is on the loan or deed. The phrasing you use "entitled to half of the equity" is not precisely correct. You are "entitled"... View More
As far as renumeration goes, what else can I hold the other party accountable for, since I have to pay fees to file the Law suit
answered on Oct 25, 2024
In a small claims lawsuit, you can recover your legally compensable damages, as well as statutory damages, exemplary damages, attorney fees, expert fees, or additional damages if they are available for your particular type of claim (e.g. DTPA, theft liability, gross negligence in a personal injury... View More
I'm writing out of desperation. I've been stalked for years and have gone to authorities many times.
I'm experiencing Remote Neural Monitoring and what is referred to as V2K or Voice to Skull. In short, a government agency is reading my thoughts and torturing me twenty-four... View More
answered on Oct 24, 2024
You should contact the Principal Deputy Director of the TSC at the FBI for information about being removed from the US terrorist watch list.
As for remote neural monitoring and V2K, there is no government agency responsible. Experts pretty much agree that such technology does not yet... View More
My spouse was injured in an auto accident where the other driver was negligent and at fault. He had pre existing spinal injuries that were worsened in the accident as well as new injuries including.
Injuries (New)
L2 - Disc bulge.
L3-4 - Bilateral facet arthrosis.... View More
answered on Nov 13, 2024
My colleagues raise good points. Looking at the findings that your case presents, some of them appear to be degenerative in nature, which means that at trial, the opposing attorney would argue are not causally related to the impact of the accident (things like arthrosis, scoliosis).... View More
My Mom recently passed and my Dad is 81 yrs old. When/if she becomes POA, whether Dad is still alive or passed, can she kick me out of the house?
answered on Oct 22, 2024
If your father is alive and is the owner of the house, your sister, as your father's attorney-in-fact under a POA, can evict you from the house if your father tells her to do so.
If your father dies, a POA of course no longer has any force or effect. If the house was owned by your... View More
My Dad has a huge depot card and my sis is a card holder. Recently the fridge broke and then the microwave. She bought new ones, BOTH charged to home Depot with the credit card. I had found a cheaper microwave at Walmart but she insisted it come from home Depot. The fridge was over $3000. Does she... View More
answered on Oct 22, 2024
A cardholder who is an authorized user of someone else's credit card is not the person legally responsible for the debt. The account holder is responsible for the debt and can authorize whomever he likes to make charges on his credit card account. Since you are not the account holder, you... View More
I co owned this condo with my ex wife. Need to transfer the loan/deed to me. Need to know if I have any financial risk of owing a large amount of money to cover the HOA’s lawsuit lost once I transfer the condo’s deed/loan to myself. The HOA’s lawyer seemed to say the HOA’s insurance won’t cover it
answered on Oct 22, 2024
It seems likely that the HOA will have to make a special assessment on the owners to satisfy the judgment or will have to dip deeply into its reserves and raise the members' regular assessments to replenish the reserves. That may render certain types of financing (like FHA loans) unavailable... View More
I have noted about 20 different violations by DFPS according to the Texas family code but nobody will do anything. I proved multiple times the investigator lied on the affidavits. I even have another CPI confirming he lied on it. Nobody will do anything. It's like they're all working... View More
answered on Oct 18, 2024
Yes procedures matter. But the remedy for every procedural violation is not "you win." If a document is incomplete, the remedy may well be that you can require them to complete the document. If an investigator lies, you can present evidence of that lie, and that will likely undermine... View More
answered on Oct 18, 2024
Maybe but not necessarily.
If a personal injury lawsuit is dismissed without prejudice, it can be refiled as long as the statute of limitations has not expired. On the other hand, if the statute of limitations expired before the second lawsuit was filed AND you would have definitely won... View More
I defaulted on a credit card for a big named brand store. I owed $1777. I couldn’t make the payments because I was having difficulty affording my daily living costs. I am at a better job and I want to repay the furniture store what I owe but the loan on my credit report says closed? Should I... View More
answered on Oct 18, 2024
What you should or should not do is a moral question.
You can contact the creditor and offer to pay the account in full if it will change its report to the major credit bureaus to reflect that the account is closed and paid in full. That likely would improve your credit score if you were... View More
answered on Oct 18, 2024
Absolutely. It won't prevent you from receiving a citation or from being arrested for a serious violation like DWI. But you can certainly say it if you like.
Whether you say it or not, the principle of corpus delicti applies, and the State must present sufficient evidence to prove... View More
Pawn shops use rigged measuring tools to purposely inaccurately measure precious stones and give you the lowest amount possible so they can sell for higher
answered on Oct 18, 2024
Yes. If you went to one of those pawn shops to sell your diamond and they used rigged tools to inaccurately measure those diamonds and gave you a lower amount, you can likely sue for the difference and potentially for additional damages up to twice that difference under the Texas Deceptive Trade... View More
I was fasley charged in Lubbock tx. The charge was dropped months later. During a hearing to proceed pro se in my case, a sitting district attorney stated that my case did not fit the criteria of the charge i was charged with
answered on Oct 18, 2024
Not typically. But if you can prove that the district attorney who filed the charges personally knew you prior to filing the charges and was acting out of personal animus against you, you may have a potential claim. For example, if you are dating the DA's ex-wife and he made up the charge... View More
The school police officer reviewed the video and stated that it was consensual. Both children received the same punishment of 45 days at the LEO school. The girls mother filed a charge for rape.
answered on Oct 18, 2024
It depends. The age of consent in Texas is 16. Sexual intercourse (and certain other sex acts) involving someone under the age of 16 is by definition non-consensual even if that person enthusiastically participates or initiated it. This is called statutory rape.
If there is an age gap no... View More
When signing documents with two last names do I need to sign both? Do I have to update Credit cards?
answered on Oct 18, 2024
Yes, you can use two last names without a hyphen. This is a common practice for married women. For example, if your maiden name were Katy Marie Norton and you married me, it would be customary for you to go by Katy Norton Frick after our marriage. But it is not legally required that you do so.... View More
I have been wrongly accused of stealing from a store. And was ban another day I went to the store, the manger told someone she has me on camera stealing (oil). And that the lady on the camera wears glasses. I have never wore glasses.
answered on Oct 18, 2024
A Texas attorney could advise best, but your question remains open for a month. If you're accused of shoplifting, don't worry about libel and slander issues (your posted category) for now. Consult with an experienced criminal defense attorney in Texas if you are being charged with a... View More
to put the property in a family trust. What needs to be done to accomplish this ?
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answered on Oct 17, 2024
Hire an OK attorney to search the title, determine heirship and draft a deed from the tenants in common over to the Trustee for the Trust. Attorney will need to draft the Trust Instrument with the TIC appointing someone Trustee. Deed must convey to the Trustee of the Trust, not the Trust... View More
The car is in my wife name but was bought while we were married. No paperwork has been filed for divorce yet but she took the extra keys and will not allow me to use the car to go to work (delivery job) so I can not make money. I just need the car when she is not working and she will not agree.... View More
answered on Oct 16, 2024
Locate the keys, take them, get in the car, and drive it. Since the car is community property--and no doubt you are listed as an authorized driver on the commercial automobile liability insurance because you are a delivery driver--she cannot legally exclude you from using the car without a court... View More
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