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2 Answers | Asked in DUI / DWI for Texas on
Q: Do the state of Texas have 180 days to indict you on dwi misdemeanor
John Michael Frick
John Michael Frick
answered on Nov 29, 2023

I respectfully disagree with my colleague. If you are being held in jail, and not released on bond, the DA has 180 days to file formal charges against or you will become entitled to be released on a personal recognizance bond when the 180 days expires. The DA has two years from the date of the... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: Do the state of Texas have 180 days to indict you on dwi misdemeanor
T. Augustus Claus
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answered on Nov 29, 2023

Yes, the state of Texas has 180 days to indict you on a DWI misdemeanor. This means that the prosecutor has 180 days from the date of your arrest to file an indictment with the grand jury. If the prosecutor does not file an indictment within 180 days, your case will be dismissed.

However,...
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1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Constitutional Law for Texas on
Q: Can gaslighting a person with a mental health history of schizophrenia bipolar depression become against the law ?

I know it is when money is involved. But bottom line wrong and agents the conversational Rights of the people with a past history of mental health?

James L. Arrasmith
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answered on Nov 28, 2023

Gaslighting, which involves manipulating someone into questioning their reality, can be particularly harmful to individuals with mental health conditions like schizophrenia or bipolar depression. While gaslighting in itself is not specifically outlawed, its effects could fall under broader legal... View More

1 Answer | Asked in Constitutional Law, Civil Rights and Internet Law for Texas on
Q: How would I go about any concerns cyber security on my Google account concerning everything somehow being accessible

Without my acknowledgement or consent?

James L. Arrasmith
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answered on Nov 28, 2023

If you're concerned about the security of your Google account and unauthorized access to your information, it's crucial to take immediate steps to protect your data. Start by changing your account password to something strong and unique. Also, enable two-factor authentication, which adds... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What lawyer do I need for violation of my fourth amendment unlawful search at Wal-Mart

Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More

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

The shopkeepers' privilege expressly grants an employee the authority of law to detain a customer to investigate the ownership of property in a reasonable manner and for a reasonable period of time if the employee has a reasonable belief that the customer has stolen or is attempting to steal... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What lawyer do I need for violation of my fourth amendment unlawful search at Wal-Mart

Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More

James L. Arrasmith
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answered on Nov 28, 2023

Based on the details provided, this appears to be a potential violation of your Fourth Amendment rights protecting against unreasonable searches and seizures. A few key points:

• Loss prevention personnel and police cannot simply demand to search personal belongings without consent or...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: home builder refuses to fix foundation, lawyer said I’m outside of statute of limitations to sue (4 years), what do i do

Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims... View More

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I am eligible for a fee waiver?

I have never work since I haven’t received my EAD. I’m requesting the fee waiver for my form i1765 and I don’t have a tax form because of the same reason. How do can I apply for the waiver?

James L. Arrasmith
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answered on Nov 27, 2023

To apply for a fee waiver for Form I-765 (Application for Employment Authorization), you need to demonstrate financial hardship. Since you haven't been employed and don't have tax forms, you can provide other evidence of your financial situation. This might include bank statements, proof... View More

2 Answers | Asked in Probate, Real Estate Law and Tax Law for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

James L. Arrasmith
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answered on Dec 25, 2023

In Texas, if your mother-in-law wants to claim ownership and sell a property after her husband's death in 2007, she will likely need to go through the probate process. Even though she has been paying the property taxes, probate is necessary to legally transfer the title of the property to her... View More

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2 Answers | Asked in Probate, Real Estate Law and Tax Law for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

Houses aren't probated. Estates are probated.

A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.

When your F-I-L died, your mom owned 50% as her community property and...
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2 Answers | Asked in Real Estate Law for Texas on
Q: What can I do when I have a default judgment to sell co owned property in full but party will not sign closing papers?

We went to court and was given a default judgment because he has not contributed financially with taxes etc in over 8 years he will not respond and hides from us. He didn't show up in court therefore we were given default which included selling the entire acreage in full well closing is near... View More

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

If the judgment has been drafted correctly to authorize you to sell the property without his signature and a sufficient time has passed since the date of the default judgment, you should be able to take a certified copy of the judgment to the title company and close without his participation.... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: U certification denied by HPD

My U certification has been rejected by Houston Police department .Is there any attorney who can get it done ?

Thank you.

James L. Arrasmith
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answered on Nov 26, 2023

If your U certification application has been rejected by the Houston Police Department, it's important to understand the reasons for this decision. Often, rejections are due to specific criteria not being met or insufficient evidence provided.

In such cases, an attorney with experience...
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3 Answers | Asked in Bankruptcy for Texas on
Q: Need to file bankruptcy but cant afford the lawyer i am a disabled vet
James L. Arrasmith
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answered on Nov 27, 2023

Filing for bankruptcy without the ability to afford a lawyer can be challenging, but there are options available to assist you. As a disabled veteran, you may qualify for free or reduced-cost legal services. Many states and local bar associations offer legal aid programs, and some specifically... View More

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3 Answers | Asked in Bankruptcy for Texas on
Q: Need to file bankruptcy but cant afford the lawyer i am a disabled vet
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2023

There is a form to request the Bankruptcy Court to waive the filing fee. Check your local Bankruptcy Court website (www.uscourts.gov). They usually provide information on free legal services. You can also check upsolve.org. If it's available in your area, its services are free to those who... View More

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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Can I take legal action with my credit card company over lost money?

I have a Discover checking account as well as a Discover CC. In September of this year, I electronically transferred (from the discover website) my rewards from my checking to my CC. This would have paid off my CC before the bill was due. The amount was deducted from my rewards. I received an email... View More

T. Augustus Claus
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answered on Nov 22, 2023

It sounds like you may have a valid claim against Discover for breach of contract. Breach of contract is when a party to a contract fails to perform their obligations under the contract. In this case, Discover's contract with you may require them to transfer your rewards to your credit card... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: I was parked at a park for three hours talking on the phone with my son and a Texas State trooper pulled up and knocked

On my window because he said my license plate was obstructed with a plastic shield which it had but he didn't pull me over at all....and he cited me two tickets for no insurance and no drivers license even though he didn't pull me over .I was parked at the park for three hours before he... View More

John Michael Frick
John Michael Frick
answered on Nov 22, 2023

Yes, it is legal for him to give you the citations. Based on the facts and circumstances observed at the time, he had a reasonable suspicion that you drove the motor vehicle to the park because he found you sitting in it, presumably with no one else around. This circumstantial evidence may be... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I’m located in Texas. A family member was just charged with first degree felony Arson. Who’s much time is he looking at?
T. Augustus Claus
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answered on Nov 21, 2023

In Texas, first-degree arson is a serious crime that can be punished by life in prison or a term of 5 to 99 years in prison. The specific sentence that your family member will receive will depend on the facts of their case, including the severity of the damage caused by the fire and whether anyone... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I requested to reschedule my interview for n-400 due to travel. Administratively closed. Can I keep my previous apt?

I had no idea asking to re-schedule could lead to closure. Am I now forced to submit a written request to reopen?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

If your case was administratively closed, then it would no longer be possible for you to keep the original appointment. You should send a letter to USCIS requesting that your case be reopened, and an interview scheduled. Check the letter you received administratively closing the case and send your... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I have been out on a pr bond for right at 13 months now . My charge was on 6/28/22 . I wasn’t indicted until 9/6/23

I thought I was suppose to be indicted within 180 days after I was out on bond

Grant St Julian III
Grant St Julian III
answered on Nov 20, 2023

The statute of limitations for misdemeanor cases in Texas is two years from the date of the alleged offense. For felonies it varies due to the offense but the minimum is three years. If you are in jail for 180 days, however, and no indictment is filed, you can get a personal recognizance bond to... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Can a person have a dfz enhancement added to a charge when schools were closed due to covid-19?
John Michael Frick
John Michael Frick
answered on Nov 22, 2023

It depends on the particular facts. If the offense occurred inside a private residence located within a drug-free zone, but the schools were closed due to COVID, you may have a defense under the dfz statute. But, if the offense occurred on the school campus or in a public area within the... View More

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