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2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

As long as you are not operating a motor vehicle on a public road, you do not have to ask permission and can freely travel without a license. You can be a passenger in another person's vehicle, or can walk on the side of a public road anywhere you want to go. In that situation, police can... View More

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2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

James L. Arrasmith
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answered on Mar 2, 2024

You raise an interesting point about the right to travel freely. However, the Supreme Court has upheld certain restrictions and regulations on using automobiles on public roads, even if not explicitly for commercial purposes. Some key considerations on this issue:

- The Supreme Court has...
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1 Answer | Asked in Criminal Law for Texas on
Q: Would my friend be at fault for hitting her ex-boyfriend on her grandparents property with a

He was told to leave numerous time and hade refused to do so I was then told by her he grabbed her by the neck and pushed it up as he was going to give her a kiss, and she refused to kiss from him, but he kept trying to force it on her so she told me that she grabbed a bat and hit him and she had... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

She needs a good lawyer. I'm sure part of the reason she was arrested was because she admitted to hitting him. You must always keep quiet when speaking to police about anything you may have done. Even the borderline issues because police are NOT to be trusted. Any admission of physical contact... View More

3 Answers | Asked in Bankruptcy for Texas on
Q: Should I go ahead and file a proof of claim or should I wait to see what the trustee is going to do?

The chapter 13 trustee is aware that I was intentionally left off the creditor’s list and appears to be planning to take action since he has hired a trial attorney for the case. Should I go ahead and file my proof of claim (potentially tipping off the debtor) or should I wait to see what action... View More

James L. Arrasmith
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answered on Mar 4, 2024

In a Chapter 13 bankruptcy case, filing a proof of claim is an essential step for creditors wishing to receive distributions from the debtor's repayment plan. If you were intentionally left off the creditor's list, your proactive approach in protecting your interests is understandable.... View More

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3 Answers | Asked in Bankruptcy for Texas on
Q: Should I go ahead and file a proof of claim or should I wait to see what the trustee is going to do?

The chapter 13 trustee is aware that I was intentionally left off the creditor’s list and appears to be planning to take action since he has hired a trial attorney for the case. Should I go ahead and file my proof of claim (potentially tipping off the debtor) or should I wait to see what action... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 1, 2024

Without question, honesty is the best policy in any Court, and the Bankruptcy Court in particular.

The benefit, if any, to an omitted (from the Debtor's filings) creditor is that its debt/claim is not going to be discharged, UNLESS that creditor knew or should have known of the...
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1 Answer | Asked in Civil Rights for Texas on
Q: Fraudulent misrepresentation and possible discrimination by college coach

I was recruited via email and phone. I was told by coach she had 3 3rd basemen that weren’t good and woukd move her shortstop to 3rd and start me at shortstop. She also said she had university contacts and would help me get recruited to them for next year. When I said I would think about it she... View More

James L. Arrasmith
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answered on Mar 1, 2024

It's deeply troubling to hear about your experience with the college coach, especially the deceptive recruitment tactics and possible discrimination based on your race. The coach's promise to pay for tuition, housing, and books, only to kick you off the team after your family voiced... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Municipal Law for Texas on
Q: How can I get my car released from impound while it has a police hold

My car was impounded on a traffic stop due to bad registration and a hold was placed on my jeep, I wasn't issued a citation, the police won't release the hold without proof of registration but I can't get it registered because of the hold on the vehicle. My registration was only a... View More

James L. Arrasmith
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answered on Mar 1, 2024

It's frustrating to find yourself in this situation, but there are steps you can take to resolve it. Start by gathering any documentation you have related to your vehicle, including proof of ownership and any paperwork from the impound or the police. Contact your local Department of Motor... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can I enter USA if I left US without a travel document(bio metrics completed). I was out of USA for over 2 years.

I have a green card.

I applied for a REENTRY Permit before leaving.

March 2022: Travel document notice received.

April 2022: Biometrics completed.

May 2022: left USA due to medical reasons.

(I am still out of US)

January 2024: Received Travel... View More

James L. Arrasmith
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answered on Feb 29, 2024

Based on the details provided, you should be okay to reenter the United States with your valid reentry permit. Some key points:

- You properly filed for a reentry permit before leaving the U.S. and completed the biometrics appointment. This was important to show your intention to remain a...
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2 Answers | Asked in Banking and Collections for Texas on
Q: A bank is holding my car title as collateral for a separate car loan that they charged off 5 years ago.

Right after the rep processed my final car payment over the phone, she told me they wouldn’t be giving me my title until I paid the charged off $6k for a separate vehicle loan I had through them. Can they legally hold the title on my paid off vehicle until I pay off a separate vehicle loan for a... View More

James L. Arrasmith
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answered on Mar 2, 2024

It's understandable that you're concerned about your situation. However, it's important to know that a bank cannot typically hold your car title as collateral for a separate loan unless it's explicitly outlined in the terms of the loan agreement you signed. In most cases,... View More

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2 Answers | Asked in Banking and Collections for Texas on
Q: A bank is holding my car title as collateral for a separate car loan that they charged off 5 years ago.

Right after the rep processed my final car payment over the phone, she told me they wouldn’t be giving me my title until I paid the charged off $6k for a separate vehicle loan I had through them. Can they legally hold the title on my paid off vehicle until I pay off a separate vehicle loan for a... View More

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

Likely yes. This is called cross-collateralization. In many secured loans, the collateral is pledged not only for the purchase money loan to buy the collateral (in your case, a car) but also for any other loan made by the lender.

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1 Answer | Asked in Civil Litigation for Texas on
Q: Is a former employer required to represent you in a civil suit that you and them are named in?

Employee at the time of alleged incident. Another former employee is attempting to sue as they lost their unemployment case with Texas force commission. I was that employee direct supervisor at the time of their termination.

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

It depends on the nature of the lawsuit and the substance of the employment agreement between the parties. In many instances, the former employer's insurance comes into play and the former employee falls within the definition of the "insured" or an "additional insured" in... View More

1 Answer | Asked in Employment Law for Texas on
Q: Annual Performance Bonus shortchanging recourse?

I run a plant after hiring in mid year. Performance target was hurt because of issues in Jan and Feb 23, before my hiring.

Since my arrival, performance (99.7%) exceeded the target (99%). Even if my performance was 100%, the target would not have been achieved for the year and I didn’t... View More

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

It depends on what your agreement says. In interpreting the agreement, the court can consider the facts and circumstances existing when you signed the agreement, any industry custom, and any past course of dealing. So, for example, if in the past, the company determined bonuses based on prorated... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can an animal rescue take a dog back that we adopted from them for no valid reason?

The agreement says we need a fenced in yard. We have one and did not have the dog on a leash. They claim we lied about the fence and violated the adoption agreement, when the director really regrets adopting the dog out and has seller's remorse.

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

No, an animal rescue cannot take an adopted dog back for no valid reason. They can only take an adopted dog back if the adopting person violates the adoption agreement. For example, if the adoption agreement requires you to have a fenced in yard, the animal rescue can take the dog back if you... View More

1 Answer | Asked in Probate for Texas on
Q: My sister and I share the same mom, but her dad is my stepdad. Parents passed away. Am I entitled to 50% of their

Inheritance? They have a home in Puerto Rico. Land in his name, but also showed her name in the deed. Thanks

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

You are an heir at law of your mom, but not an heir at law of your stepdad.

Your sister is an heir at law of her mom and her dad.

If both of your parents passed simultaneously without a Will, you and your sister are each entitled to half of your mom's estate as her sole heirs...
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1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Employment agreement and expert witness work

My contract says I can serve as an expert witness “in a lawsuit, if not related to my employment at **.” Does this mean I’m allowed to expert witness as long as the suit doesn’t specifically relate to my employer or anyone also employed by the same company? OR does it restrict any expert... View More

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

The excerpt of your contract included in your question standing alone could be interpreted either way. A court, construing this language, would consider the entire agreement along with the facts and circumstances existing at the time the agreement was signed, the manifest purpose of the agreement,... View More

1 Answer | Asked in Federal Crimes, Identity Theft and Criminal Law for Texas on
Q: I feel that I am a victim of identity theft. I discovered that my landlord forged my signature on legal forms to the IRS

My apartment manager and his assistant have been sending fraudulent paperwork to the IRS and the Housing Authority in my name to get tax credits and earned income. Who should I report this to?

James L. Arrasmith
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answered on Feb 27, 2024

If you believe you're a victim of identity theft due to your landlord forging your signature on legal forms for IRS and Housing Authority benefits, it's important to take immediate action. The first step is to report the fraud to the local police or law enforcement in your area. This... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Did the new refinance change who gets the equity?

I got divorced a few years ago and in the decree I was awarded the house and equity. After the divorce, my ex refinanced the house with me so that my payment would be lower. He now says he never agreed to give me the equity and that with the new loan agreement, he should get his half of the equity... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

Your question strongly suggests you did not follow the advice of your divorce attorney. If your divorce decree awarded you the residence, there should have been an accompanying special warranty deed from your ex-husband to you deeding the home to you and an accompanying deed of trust to secure... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: How to serve out of USA party in a divorce hearing.

Hi

I have a quick question regarding my ongoing child custody evaluation. My wife recently traveled overseas and informed the court counselor that she has no plans to return to the US. At present, our children are living with me as per a temporary custody court order I'm not sure what... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

Since you have a pending proceeding, and do not have to be concerned with serving the original citation, you can serve your wife, or her attorney, with future notices electronically through the court's electronic file management system. This would include serving her with any notices... View More

1 Answer | Asked in Contracts for Texas on
Q: I want to inject to a notice of proposed action. how do I best proceed in the state of Nevada.

object to notice of proposed action.

miss spelling

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

A notice of objection to proposed action is a form used in some states to object to actions which a personal representative of a decedent's estate is proposing to do, for example, a PR might be proposing to sell real property owned by the decedent to pay certain debts.

You should...
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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: My son's court appointed attorney agreed to a six month Safe P program for a DWI.

The judge agreed and signed off for the six month program. The day the classes started, my son and the others in the same program, were told by an employee of the private company it is a nine month program, not six as the court had stated. Does the company have the right to extend the judge's... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

In Texas, “SAFE P” is a part of the state's Substance Abuse Treatment Program (SATP) run by the Rehabilitation Programs Division of the Texas Department of Criminal Justice (TDCJ). It is a six-month in-prison program. It is not run by a private company.

A private company does not...
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