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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: How would we know if the trademark was completed?
Felicia Altman
Felicia Altman
answered on Dec 2, 2023

You can look up any trademark by searching for the mark by application number, owner or actual mark on the USPTO website. The owner of the mark or the person of record will receive an email when a mark has been registered with the USPTO or if an office action is received. To know the status of a... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: How can i get another Court appointed attorney if my current attorney won't communicate with me?

My cousin has a court appointed attorney that does not communicate with him or any other member of the family at all. He has been my cousin's court of one of attorney since February of 2023 and my cousin does not feel like his case is getting enough attention. In Texas, is there a way that my... View More

John Michael Frick
John Michael Frick
answered on Dec 1, 2023

Your cousin should file a motion with the court for the appointment of a new lawyer setting forth that the one previously appointed by the court has not communicated with him since being appointed in February 2023, and detailing every attempt your cousin has made to communicate with that lawyer... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can I get my records sile if I was convicted

I did 6 yesterday on paper from 2003 to 2009 and I have not got in trouble since then

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 1, 2023

In Texas, whether you can have your record sealed (non-disclosure) will depend on whether you received a deferred adjudication, straight conviction, dismissal, etc. and type of charge. If you were convicted of a charge which included family violence that charge will not be eligible for a record... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can you still renew/change your status while waiting to file your I-485?

As of May 2022, I commenced employment with my U.S. church under OPT (F-1) with the same title I currently hold. During that year, the church successfully applied for an R-1 visa set to commence in May 2023. The approval was timely, and I transitioned to working under the R-1 visa one day after my... View More

James L. Arrasmith
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answered on Dec 1, 2023

You can generally renew or change your nonimmigrant status while waiting to file your I-485 (Adjustment of Status). In your case, renewing your R-1 visa after the approval of your I-360 and while awaiting the opportunity to file the I-485 is usually possible.

The R-1 visa, which is for...
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2 Answers | Asked in Landlord - Tenant for Texas on
Q: What are my rights if landlord do not want to make repairs and the repairs have us in an unsafe environment
John Michael Frick
John Michael Frick
answered on Dec 1, 2023

A landlord duty to repair or remedy, what notice a tenant is required to give, how much time is allowed, and when a tenant can make repairs themselves and deduct the cost from their rent are painstakingly detailed in Sections 92.051-92.062 of the Texas Property Code. These are fairly detailed,... View More

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2 Answers | Asked in Landlord - Tenant for Texas on
Q: What are my rights if landlord do not want to make repairs and the repairs have us in an unsafe environment
John Cucci Jr.
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answered on Nov 30, 2023

Your written lease would probably have this issue explained. If the lease does not have any reference to this situation, you can call, and text or write your landlord about the specific danger and the specific problem and state that if they do not correct the danger within 24 hours, you will do so... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: Is it possible that my brother's wife's adjustment of status was denied?

My brother met and married a thai woman recently. She arrived in this country May 2022 on a tourist visa and was married to a thai citizen. He left her and she then overstayed her visa. She met my brother late december, early january. they married on may 8 2023. he immediately filed ofr marriage... View More

James L. Arrasmith
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answered on Nov 30, 2023

It is possible that your brother's wife's adjustment of status was denied, although without specific details, it's difficult to determine the exact reason for her not returning with your brother from Thailand. Several factors could be at play in such a situation.

First, if...
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1 Answer | Asked in Civil Rights for Texas on
Q: Is there any legal action I should/could take against a fellow student that discriminated against my disability twice?

I experienced discrimination due to my disability at my university 2 times by the same student, each time in a different registered student organization. My professor reported the discrimination to the university this past weekend and I am typing up the information to report to the EOS investigator... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

I was the Student Body president at my University in NY, and went through many similar hurdles and acts of aggression and attempts to deny my access to student government office.

When an individual acts to deny you your civil rights or discriminates against you for any...
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1 Answer | Asked in Car Accidents, Landlord - Tenant and Civil Litigation for Texas on
Q: My car was involved in a hit-and-run inside the apartment complex parking lot where I am renting. What are my rights?

I requested to break my lease and they are trying to force me to sign a release form within 72 hours and I don't understand what the form it means. I told them I would prefer to have a lawyer review it prior to signing.

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

Barring very unusual language in your lease, you likely do not have the legal right to break your lease. You do, however, have the legal right to refuse to sign a release.

Your landlord can choose to allow you to break your lease, but is not legally required to do so, and may require you...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: My real estate agent broke my property up into two pieces to sell without asking me

I have 23 acres for sale with a house she broke the house off the acreage and is trying to sell it in two pieces and did not ask me if she could do that

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

In the absence of any agreement with your real estate agent to list the property in separate parcels, you ultimately have the legal right to refuse to sign a contract to sell your property in two separate parcels.

Simply tell your agent you are not interested in selling your property as two...
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1 Answer | Asked in Civil Litigation for Texas on
Q: Are Deposition Trancripts Required to be Filed in the Record In Order to Use the Excerpts as Exhibits?

I want to use excerpts of deposition transcripts as summary judgment proofs. I have served the deposition transcripts on the opposing party under Rule 194.2 but I have not filed the transcripts in the Record. Should I file them in the Record?

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

The excerpts you want to use should be attached as part of your summary judgment appendix and specifically referenced in your Motion or Response (e.g. Smith Depo. 3:19 - 5:12, being the page # : line # of the excerpt which contains the referenced testimony).

Most courts do not allow you to...
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1 Answer | Asked in Consumer Law for Texas on
Q: How is promoting BTC and coins at peaks or any other non crypto type of stocks/bonds assets ect. not considered illegal?

Like wouldn't that be using influence (i.e. it's "social investment platform") to promote something that itself is going to profit off of while selling to these individuals it's actively promoting too?

Edit:1 how is it imaginary and not the dollar as well? As it is... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

Legal scholar Eric Posner has commented, "A real Ponzi scheme takes fraud; bitcoin, by contrast, seems more like a collective delusion."

Bitcoin, like all cryptocurrency and now NFTs, isn't a tangible thing. It's more like the number of gold pieces a character has in a...
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1 Answer | Asked in Car Accidents for Texas on
Q: Is it legal for auto insurance companies to put all aftermarket parts on your vehicle, car is still under warranty

My car is still under manufacture warranty and insurance company only approved to pay body shop for aftermarket parts & say I have to pay difference if OEM parts are used

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

It depends on the terms and conditions of the insurance policy, which are construed against the insurer.

I previously handled a dispute with State Farm under one of its insurance policies where the policy said it would pay for either original manufacturer part or after-market parts for...
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1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: I sold item online. I shipped, has receipt, package lost, customer doesn't want to wait for claim but want to sue me

I shipped, has receipt, tracking updated I dropped off. On expected delivery date tracking said will delivery by 7pm but never delivered and no more update. Customer doesn't want to wait for me to claim with ups but want to sue me. Tricked me when call talk about issued took picture of me and... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

The answer to your question depends on the terms and conditions of the sale, the terms and conditions of the delivery service you used, and, if applicable, the terms and conditions of any platform you may have used to market and sell the product online.

For example, the US Postal Service...
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2 Answers | Asked in Real Estate Law for Texas on
Q: How can I petition court for Judicial declaration?

We have a default judgment giving permission to sale 20 acres of co-owned property. Co-owner will not sign closing papers to finalize sale. Title company wants a judical declaration. I am wanting to know what is the correct wording when petitioning the court in these regards.

John Michael Frick
John Michael Frick
answered on Dec 4, 2023

This is a question that cannot be answered without full knowledge of the facts and circumstances giving rise to the default judgment. For example, a straight-up suit for partition by sale is available anytime there are two or more co-owners of a single parcel of real estate with no mortgage,... View More

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2 Answers | Asked in Real Estate Law for Texas on
Q: How can I petition court for Judicial declaration?

We have a default judgment giving permission to sale 20 acres of co-owned property. Co-owner will not sign closing papers to finalize sale. Title company wants a judical declaration. I am wanting to know what is the correct wording when petitioning the court in these regards.

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

There is no short answer to your question. It depends upon the language of the default judgment and the legal right upon which it is predicated. The attorney who assisted you in the lawsuit in which you obtained the default judgment is in the best position to provide you the necessary advice... View More

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: I was never served papers (citation) and now i have a default judgement agaisnt me. What can i do?

This is on a civil forfeiture/seizure of my truck. The district attorney knew how to get ahold of me cause ive went up there twice to try to get the papers they were trying to serve me, both times she was gone early and they took a copy of my ID, my phone number, and the case number. Nobody has... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

You should hire an appellate lawyer to file a motion for new trial within 30 days of the entry of the default judgment against you, or a restricted appeal within six months of the default judgment, or a bill or review within four years of the default judgment. There are differing requirements... View More

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Libel & Slander for Texas on
Q: What can I do to protect myself against a malicious ex boyfriend?

My ex boyfriend has serious mental issues. It’s become too much for me and I’m trying to break away. Not easy because all he does is threaten me and destroys everything good in my life. He has already gotten me fired from one job, gotten me evicted.(I’m assuming so I would have to live with... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

You should immediately move to another residence and not provide him with a forwarding address. Instead of having your mail forwarded by the USPS, individually contact anyone sending you mail through the US Post Office to let them know your new address. Block his telephone number and change your... View More

1 Answer | Asked in Estate Planning for Texas on
Q: I was delivered a life insurance policy at my step father's and it was through the john Hancock life insurance company.

It was stolen and the company office here shut down what's happening to my dividends?

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

The John Hancock Life Insurance Company is still in business. It seems likely that it was just your local agent's office that closed. You should contact the company directly to secure another copy of your policy. You can check your account online to insure that your dividends, if any, are... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Is argumentative a felony or a misdemeanor?

The officer clearly states on video he yanked my husband from the vehicle for being argumentative!

T. Augustus Claus
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answered on Nov 29, 2023

Being argumentative, in and of itself, is not a crime. It is protected by the First Amendment right to free speech. However, if an argumentative person becomes disruptive or disorderly, they may be charged with a misdemeanor offense such as disorderly conduct or disturbing the peace.

In...
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