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1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: I’m 17. I don’t want to live with my toxic mom anymore and i told her that im moving out and she got mad and said that s

I’m 17. I don’t want to live with my toxic mom anymore and i told her that im moving out and she got mad and said that shes not giving me permission to be emancipation and i said that i dont need her permission and she got mad. I been doing my research and it says in dallas texas that i have to... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

In a suit for emancipation of a minor, a parent of the minor must verify the petition. Your attorney will need to ask you questions proving that you are able to support yourself and manage your own financial affairs. You may want to introduce evidence of your job and earnings to show you have... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My son is in custody at Harris County He was out on bond for priors.He is being charged with aggravated robbery with.

deadly weapon.I have talked to his lawyer 2 times and he really has not talked to me.I saw the video and he was on the property but he didn't have the weapon and didn't go in the store.The attorney jas put out 5 years deferred adjudicated probation or 15 years. I feel that is not right I... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

Since your son is in custody, it seems likely that law enforcement believes that your son is the actual person who committed the crime. If you have information that a specific other person actually committed the crime, you should share that information with your son's attorney.... View More

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I was sued for divorce in Jan 2023. I retained an attorney who failed to get a continuance granted, and I lost all righ

She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Not all mistakes and omissions will amount to medical malpractice. You have to prove all elements of medical malpractice and have the expert certify that the particular doctor's conduct fell below the standard. Generally, you have one year to file a medical malpractice claim absent a very... 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 to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2024

I'm sorry for your ordeal. It could be difficult for attorneys to answer your question based on the facts contained in the post. If a law firm felt that you might have a possible basis for a claim, they would retrieve your records and review with a doctor, possibly proposing diagnostic imaging... 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 to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

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

There are rare cases in which a doctor is negligent in administering an epidural and it causes a significant injury to the plaintiff. What happened in your particular case, however, will need to be carefully evaluated by a health care practitioner in the same field of medicine as the doctor who... View More

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1 Answer | Asked in Municipal Law and Traffic Tickets for Texas on
Q: Police said my new license plates didn’t match car. Car got impounded, cop took plates, cost me $400

Now he says they are registering to my car now and I can go pick up my license plate at the office. But I have to drive there with no plates and I’m out money for nothing

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

You can take Uber or Lyft to go pick up the license plates and you have excellent grounds to demand that the seller compensate you by repaying the $400 + the cost of the rideshare. If the seller doesn't pay, you could sue in small claims court and maybe win.

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Lost search warrant and lost evidence analysis, false arrest question see details.

Cops have possession of a person's digital storage device and search it and say they found an illegal image. They arrest the owner of the device. Two years later it is shown that there was no search warrant and the defendant's expert has been denied access to the device and the cops say... View More

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

Yes, the defendant has the right to see and obtain a copy of the search warrant and to examine the evidence leading to his arrest, and to have his attorneys and experts do so. Yes, even if the case is dismissed, the defendant has the right to see the evidence and warrant for purposes of pursuing a... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Lost search warrant and lost evidence analysis, false arrest question see details.

Cops have possession of a person's digital storage device and search it and say they found an illegal image. They arrest the owner of the device. Two years later it is shown that there was no search warrant and the defendant's expert has been denied access to the device and the cops say... View More

James L. Arrasmith
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answered on Feb 24, 2024

Yes, as a defendant in a criminal case, you have the right to demand proof of the existence of a search warrant that led to your arrest. If there is no search warrant or if it cannot be provided, it raises serious questions about the legality of the search and seizure. Additionally, you have the... View More

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2 Answers | Asked in Tax Law for Texas on
Q: Recently lost Museum/property to back taxes. Do I still have a chance to regain ownership?

I'm a Native American, property was once a tax free museum, still a museum. There was a lot of overlooked descrepencies that are in my favor, I was denied opportunity to make payments. I never signed anything, very little to no paperwork was brought forth to me. I feel a lot of this was... View More

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

It depends on the particular facts and circumstances and procedural status of your particular situation. The owner of a parcel of property is usually responsible to ensure that its name, address, and contact information are correctly listed with the County Tax Assessor.

Appraisals of the...
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2 Answers | Asked in Tax Law for Texas on
Q: Recently lost Museum/property to back taxes. Do I still have a chance to regain ownership?

I'm a Native American, property was once a tax free museum, still a museum. There was a lot of overlooked descrepencies that are in my favor, I was denied opportunity to make payments. I never signed anything, very little to no paperwork was brought forth to me. I feel a lot of this was... View More

James L. Arrasmith
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answered on Feb 22, 2024

In situations where property has been lost to back taxes, there may still be avenues to regain ownership, depending on the specifics of your case and the laws in Texas. Given the unique circumstances of your property being a museum and the potential discrepancies and violations of rights... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Request for Earnest Money Refund Options

I signed a contract to purchase a new house in Liberty Hill and paid earnest money along with an upgrade amount. Around the same time, I also bought a second home in Georgetown with the intention of making it my primary residence. However, I didn't end up moving into the Georgetown property as... View More

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

While it depends on the particular contract, most earnest money contracts for a house with a financing contingency (which is common) provide that the earnest money will be refunded to the buyer if the financing contingency isn't met. Typically, the Buyer only has the obligation to apply for a... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can the court find you in contempt, and in jail if the dates that they’re finding you and contempt are incorrect?

My child is going to be 20 this year and they are trying to put me in jail for something that happened in 2021 on incorrect dates. Over back child support

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

This question as worded is too vague to answer. The correct date may or may not be material to the contempt finding. For example, if the contempt order says you failed to timely make a child support payment of $1,000 due on January 2, 2023, but your child support payment was actually due on... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I have a RTB on a cps case. My case was dismissed and expunged in court. Will this show on any background checks?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2024

It does take some state agencies up to 6 months to expunge the records of your arrest. But it should all be cleared eventually.

Please understand that the State Expungement does NOT take anything off the FBI records. A Federal FBI search of you would still show the arrest, etc. However, the...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: If you rent a townhome in Texas, the sliding glass door has been broken since October, really before, you notified them

In Oct 2023, and other problems. They said they cannot afford to fix. Can I get out of early lease termination!

John Michael Frick
John Michael Frick
answered on Feb 14, 2024

Sections 92.056 - 92.0563 of the Texas Property Code outlines the procedure to follow if the landlord is responsible for the repair of the sliding glass door under the terms of your lease. Follow that procedure exactly.

Until the landlord makes the repair or use exercise one of your...
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2 Answers | Asked in Immigration Law for Texas on
Q: I want to know if some other employer can sponsor for my H1B while I work for my current employer who doesn't want to?

Hi, thanks for helping with my doubts in the first place. I am a F1 student at OPT working for a company as a Software Engineer. I am not sure if my employer will file for my H1B petition this year as I am a new recruit. I would have only two H1B attempts left if he doesn't sponsor me this... View More

James L. Arrasmith
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answered on Feb 22, 2024

Yes, another employer can sponsor you for an H1B visa while you continue to work for your current employer. This is a common practice and is known as "H1B transfer" or "H1B sponsorship" by a new employer. The process involves the new employer filing an H1B petition on your... View More

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1 Answer | Asked in Traffic Tickets for Texas on
Q: Can plz tell me why they can arrest me for a blinker being out on the vehicle after searching and finding nothing else
T. Augustus Claus
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answered on Feb 13, 2024

In Texas, being arrested solely for a malfunctioning blinker (such as a turn signal being out) is generally not common practice under traffic law. Typically, a non-functional blinker would result in a traffic citation or warning, not an arrest. However, there are scenarios where an initial stop for... View More

2 Answers | Asked in Civil Litigation for Texas on
Q: Car impounded can't get a hold of impound yard .my son was arrested in the car its been 3 days
James L. Arrasmith
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answered on Feb 23, 2024

If your son's car has been impounded and you're struggling to get in touch with the impound yard, there are a few steps you can take to try and resolve the situation. Firstly, double-check any paperwork or documentation given to you by the authorities or your son upon his arrest. This may... View More

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1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Texas on
Q: If my ex husband is doing what is required from the divorce, what can I do and who do I go to?

He’s NOT doing what he’s supposed to. Is there anything as far as penalties?

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

Yes. You should contact your divorce lawyer to file a motion to enforce, motion to clarify, motion for contempt, or suit for indemnity depending on what it is your ex-husband is not doing that he was ordered to do. Possible outcomes depend on the specific facts and circumstances of your case and... View More

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What happens if appellant attorney notifies my trial attorney of appeal, but I will be representing myself?

This is about arrears. The appellant attorney notified my trial attorney of the appeal, but he doesn't do appeals. My trial attorney sent an email to the appellant attorney telling him that he is not representing me in appeal, but nothing has been done to correct the record in front of the... View More

John Michael Frick
John Michael Frick
answered on Feb 12, 2024

The attorney for the Appellant is required to notify the Appellee's trial counsel when an appeal is filed. The Appellee's trial counsel has a duty to notify the Appellee. The attorney for the Appellant cannot usually communicate directly with the Appellee.

If the Appellee intends...
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