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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 19, 2023

The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you)... View More

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1 Answer | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How can I use a portion of an Excel screenshot in an educational ebook about Excel?

MIcrosoft copyright guidelines state that portions of screenshots cannot be used. I have a need to show many specific, zoomed in areas of the Excel interface

James L. Arrasmith
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answered on Dec 19, 2023

In the United States, the use of copyrighted material, such as Excel screenshots, for educational purposes may fall under the category of "fair use." However, this is a complex area of law and depends on various factors, including the purpose of use, the nature of the copyrighted work,... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Construction Law for Texas on
Q: If I am on a construction site that is on private property, can the security company legally ask me for my ID?

I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal... View More

James L. Arrasmith
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answered on Dec 17, 2023

On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: Is illegal, unwarranted search and arrest on the search and falsifying evidence a serious infraction against

Is it an infraction against DA and or Sheriff? If so what are the defendants options for recourse?

James L. Arrasmith
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answered on Dec 17, 2023

If you're facing a situation involving illegal, unwarranted searches and arrests, or the falsification of evidence, this is a serious matter that can potentially impact both the district attorney and the sheriff's department involved. These actions can constitute violations of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: during traffic stop officer claimed probable cause stating he smelled marijuana,not true, cuffed me and my son. just

before he begin to search my vehicle i told him i didnt give him permission to do so he stated again probable cause at that time i told him him that this was all wrong we havent done anything wrong and if we could get someone else out here cause this wasnt right he was lieing and he had no right... View More

James L. Arrasmith
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answered on Dec 17, 2023

If you believe your civil rights were violated during a traffic stop in San Antonio, Texas, you have several options to consider. Firstly, document every detail of the incident while it's fresh in your mind. This includes the officer's name and badge number, the time and location of the... View More

1 Answer | Asked in Employment Law and Constitutional Law for Texas on
Q: Can your employer ask you for a copy of your ISP bill if you work remotely from home?
James L. Arrasmith
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answered on Dec 17, 2023

In Texas, an employer may request a copy of your ISP (Internet Service Provider) bill if you are working remotely. This request is generally considered reasonable, especially if the employer needs to verify your internet expenses for reimbursement purposes or to ensure that you have adequate... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Texas on
Q: Do I have grounds for a discrimination lawsuit

My fiance just signed a contract for a tenant. The landlord didn't ask for a criminal background check just wanted to know who was staying in the home. I have a criminal background so now after we gave up the deposit and 1st month rent the landlord is saying that I might not be able to live... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, it's essential to first review the lease agreement that your fiancé signed. Check if there are any clauses regarding criminal background checks or requirements for tenant approval. If the lease was signed without such stipulations, the landlord's later refusal to allow... View More

1 Answer | Asked in Criminal Law for Texas on
Q: can someone try to blackmail me and ask for a lot of money or else they will go to cops about drugs i didnt actually buy
James L. Arrasmith
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answered on Dec 17, 2023

If someone is threatening to go to the police about a drug purchase you didn't make unless you pay them, this is a clear case of blackmail, which is a criminal offense. In Texas, as in other states, blackmail is taken very seriously and is punishable by law.

Your first step should be...
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1 Answer | Asked in Contracts for Texas on
Q: If I pay my atty with land instead of money, does he have the right to choose what sections he wants? Texas

I signed a contingency agreement with my atty. I can pay his fees with land. Does he have the right to choose what land if it’s not disclosed in the agreement ? My atty has a 40% undivided interest in the recovery

James L. Arrasmith
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answered on Dec 17, 2023

In your case, where you've agreed to pay an attorney's fees with land, the specifics of the agreement are key. If the contingency agreement does not specify which sections of land can be used for payment, this can lead to ambiguity and potential disputes.

It is not automatically...
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1 Answer | Asked in Education Law for Texas on
Q: Can a college let student retake a exam and not give extra credit to those that passed

Students had an exam that consists of 4% they didn’t take it serious an failed. The school allowed them to retake the exam. Students that did pass but there complete average for the class was still not passing did not get any points rewarded for passing on the 1st attempt to help out with there... View More

James L. Arrasmith
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answered on Dec 17, 2023

No, it would generally be considered unfair for a college to allow some students to retake an exam without offering any extra credit to students who passed the exam on the first try. Here is some relevant information on this:

• Most colleges have policies around make-up exams and...
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1 Answer | Asked in Family Law, Immigration Law and Child Custody for Texas on
Q: My sister tragically passed in a fire (10/12/23). Do we have visitation rights to her daughter (12 yrs. old) ?

Her father has never done much for her and she stayed with us ALL the time for months on end. We fed her, clothed her, housed her, etc. Her dad came and stole her from us (lied and said someone was looking for her and came by his house in an unmarked car and left a note from the city). He did this... View More

James L. Arrasmith
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answered on Dec 16, 2023

In Texas, grandparents and other close relatives can seek visitation rights, especially under circumstances where the child's welfare is a concern. Since you've been a significant part of your niece's life, providing care and support, this can strengthen your case. However, obtaining... View More

2 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: Can a credit card company listed on my Chapter 7 file a lien on my property

After filing paperwork for the sale of my primary residence, Midland, TX 79701, a Texas Abstract and Title company informed me there was a lien on my home in the amount of $8,806.52 by Attorney Mr. Moss representing Capital One Credit Card company, and this amount will be withheld from my... View More

John Michael Frick
John Michael Frick
answered on Dec 15, 2023

If you have declared that your primary residence is also your homestead, any judgment lien does not attach to it. Your title company should be aware that a judgment lien does not attach to a homestead. Moreover, if your Chapter 7 bankruptcy discharged the judgment in favor of Capital One, you can... View More

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2 Answers | Asked in Real Estate Law for Texas on
Q: I’m a victim of Fraud. 50% given as down payment to purchase a duplex but house burnt down prior to title exchange

Need my money back. Owner allegedly burnt house for insurance fraud

Anthony M. Avery
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answered on Dec 15, 2023

Hire a competent TX attorney now. File suit for breach of contract, fraud, conversion property tort, etc., and most importantly, declare a constructive trust on the insurance proceeds. You will need a Notice Lis Pendens possibly. If there are criminal charges, attempt to get restitution... View More

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1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Hi, my uncle recently passed away and in his will he left me $5,000. I am 22 and have been living on my own and complete

Supporting myself since I was 16. With that being said, my Dad got ahold of the funds before they were given to me and now he is withholding them from me. In this legal? Is there anything I can do to make him give it to me ?

James L. Arrasmith
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answered on Dec 14, 2023

In your situation, where your uncle left you $5,000 in his will and your father is withholding these funds from you, it's important to understand your legal rights. As a beneficiary named in a will, you are entitled to receive what was left to you, provided the will is valid and has gone... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Hello, I have a question, my ex-wife filed for divorce and asks for half of everything I have, (we don't have children)

Hello, I have a question, my ex-wife filed for divorce and asks for half of everything I have, (we don't have children) but in 2019 she left the house to go with her lover and took everything I had in it. the house and a car, which the police took from him and he spent 8 months in jail, how... View More

T. Augustus Claus
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answered on Dec 14, 2023

In Texas, the division of property in a divorce is guided by community property principles, meaning assets acquired during the marriage are generally subject to division. While there are exceptions for separate property like premarital assets, inheritance, or gifts, you must demonstrate these... View More

1 Answer | Asked in Bankruptcy and Employment Law for Texas on
Q: I am a priority claimant and former employee in a chapter 11 case in South Texas. What support is available to me?

My Claim ($560K) has been disputed stating the claim exceeds the statutory limit for priority claims under code 507 (a) (4) and to be moved to "disputed".

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 14, 2023

There is a statutory limit per employee of about $13,500 or so for priority (exact amount depends when the bankruptcy case was filed). The remaining amount of the claim would be reclassified as a general unsecured claim (unless there is another basis for objection). You may want to reach out to... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: When a house is sold if documents are not notarized does ownership change? Can I sue to sell property now?

That was about ten years ago , property is much more valuable now $172,000,I want to sell or be bought out, do I still have ownership? I never got copies of documents and he refuses to send to me.

James L. Arrasmith
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answered on Dec 14, 2023

When it comes to the sale of a house, proper notarization of documents is typically a key requirement for the legal transfer of ownership. If the documents related to the sale of your property were not notarized, this could potentially impact the validity of the transaction.

Your ownership...
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1 Answer | Asked in Education Law and International Law for Texas on
Q: In accordance with Texas law, aside from scholarships, what alternative methods exist for international students to qua

Hi, I heard that under Texas law, international students can qualify for in-state tuition rates by receiving a competitive scholarship. Are there other methods besides scholarships that allow international students to be eligible for in-state tuition? Could you provide a brief explanation of these... View More

James L. Arrasmith
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answered on Dec 14, 2023

In Texas, international students have limited pathways to qualify for in-state tuition rates aside from obtaining a competitive scholarship. One such method involves establishing Texas residency, but this can be challenging for international students due to visa restrictions.

International...
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1 Answer | Asked in Identity Theft and Social Security for Texas on
Q: Hi, I'm part of the 1.9 million that got their info stolen from the Zeroed-in Tech companies' data base.

If you were in my shoes and hoping to get maximum compensated for the violation of my private information, what would be the best steps for me to take? THANKS!

James L. Arrasmith
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answered on Dec 14, 2023

If your personal information was compromised in the Zeroed-in Tech data breach, the first step is to secure your personal information. Change your passwords, monitor your credit reports, and be vigilant for signs of identity theft. This proactive approach can minimize potential damage.... View More

2 Answers | Asked in Immigration Law, International Law, Education Law and Business Law for Texas on
Q: Can International Students Open an LLC in the state of texas?

I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if... View More

Glendia  Del Evans
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Glendia Del Evans
answered on Dec 20, 2023

First consult a TX business lawyer regarding non-citizens owning an LLC. F-1 student visa will only allow very passive involvement, and you cannot draw a salary or profit from the LLC. There are options through an LLC to petition for it's owner but it depends on the employment-authorized... View More

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