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Texas Questions & Answers
1 Answer | Asked in Business Law for Texas on
Q: In Texas as an individual can i create a non profit , llc, sole proprietor or what .

I would like to start a community outreach program to help people in Texas with basic needs like food, clothing, water, etc the law is so confusing in Texas. Your help to understand this matter is greatly appreciated. Should my business be a non profit, llc, sole proprietor, or what as I am an... View More

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

A non-profit corporation is required to have at least three individuals as its governing authority.

Texas does not explicitly recognize "non-profit LLCs" but you can form an LLC with a non-profit purpose whose sole member is a non-profit corporation.

1 Answer | Asked in Uncategorized for Texas on
Q: Can we setup a camera to capture license plates?

I work at a church and we have entrances on both sides of the building that people like to cut through to get to the highway entrance. A lot of the times they are speeding, and I was curious if it is lawful to have a camera that takes a picture of their license plates. There was recently an... View More

James L. Arrasmith
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answered on Oct 25, 2024

Installing a camera to capture license plates on your church property can be a viable solution to enhance safety. Generally, it is lawful to use such cameras, especially when there are legitimate concerns about speeding and accidents. Ensure that the camera is positioned clearly and that it... View More

1 Answer | Asked in Uncategorized for Texas on
Q: The justice of the peace did not have my citation on it’s due date. Do I still have to pay for it?

I tried to pay citation in advance and on the due date, but was unable to because it wasn’t there

James L. Arrasmith
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answered on Oct 25, 2024

I'm sorry to hear you're experiencing this issue. First, reach out directly to the justice of the peace office to explain the situation. There might have been an administrative error or a delay in processing your citation.

Make sure to keep any records of your attempts to pay the...
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1 Answer | Asked in Employment Law for Texas on
Q: Hello, I work retail and I was wondering is it legal for my boss to schedule me to work 7-12 consecutive days?

It happens rather often to me and my coworkers. If you bring it up about working more than 7 days in a row our boss will basically threaten to cut our hours.

John Michael Frick
John Michael Frick
answered on Oct 24, 2024

Yes, it is legal but you are eligible for overtime pay if the total number of hours in a week exceeds 40. Some retail stores schedule part-time employees seven days a week but only for short shifts usually during peak hours, e.g. 6 pm - 10 pm.

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: Can my insurance company delay or deny my claim because I haven't been able to obtain a copy of the police report?
John Michael Frick
John Michael Frick
answered on Oct 23, 2024

Yes. A request for a copy of the accident report is reasonable. An insurance company can delay payment until a reasonable request for additional information from the policyholder is satisfied.

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1 Answer | Asked in Car Accidents for Texas on
Q: Hwy 55 was a closed range hwy now it changed to a open? when Uvalde County
John Michael Frick
John Michael Frick
answered on Oct 22, 2024

Uvalde County never adopted a stock law so it has always been open range.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I am wanting to know what will happen to my ex husband after withholding our 15 year old daughter from me for 80 days

I have custody of my daughter; she is 15 and "wanted" to live with her dad. They drink alcohol and smoke weed and he encourages a very inappropriate lifestyle for her. She has missed more than 8 days of school already. She won't talk to me now. I want to ensure a judge will hold him accountable.

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

Assuming that you did not agree to allow your daughter to live with her dad and have filed a motion to enforce your custody rights, it is likely that the judge will hold your ex-husband accountable and grant your motion to enforce.

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I have a question about this law. Does it mean that if I have a patent, I can have it quieted and transfer title to me?

Mississippi Code 1972 (2023)

Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7)

Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37)

Section 11-17-3 - Confirmation of state land patents

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

That statute applies to land patents--not to intellectual property patents. Same word; two very different meanings.

A land patent is a document that transfer ownership of a parcel of land from the government to a private person.

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1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: If I sell my company in TX and want split $ in thirds & gift to my two children, how do I pay the least taxes? 3 trusts?

60 year old company, appraised at $9m

If all proceeds go into my one trust and then I distribute it, will the taxes be the same as putting proceeds into 3 separate trusts?

James L. Arrasmith
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answered on Oct 22, 2024

When planning to sell your Texas company valued at $9 million and distribute the proceeds to your children, it's important to consider the tax implications carefully. Splitting the funds into thirds and using trusts can be an effective strategy to manage taxes and ensure your wishes are... View More

1 Answer | Asked in Family Law for Texas on
Q: Can POA change beneficiaries?

My Mom recently passed and everything was left to my Dad. My sis controls his stuff. Can she change the will and beneficiary on his life insurance policies as POA?

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

Yes, as the holder of his power of attorney, your sister can change the will and beneficiary on his life insurance policies for him in accordance with his instructions.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: I am able to file a motion 2255 for my brother that is currently incarcerated on a federal offense?

I can not mail him the motion; the only mail that is sent directly to the inmate is Attorney (legal) correspondence. I've asked the attorney if he could forward my brother the motion if I were to have it mailed to his office and haven't heard back from him, so I am willing to file it for... View More

James L. Arrasmith
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answered on Oct 20, 2024

You can file a Motion 2255 on behalf of your brother, but there are important steps to follow. Typically, only the incarcerated individual or their attorney can submit such motions. Since you haven’t received a response from his attorney, consider reaching out again or exploring other legal... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: if charged with a felony but not convicted. Can the police keep your weapon from prior incident where no charges broug.

I use my gun and self-defense a few weeks before the possession charge. I was considered the victim and no charges were brought against me but now after the drug charged, they will not let me pick up. My weapon is legal and am I allowed to have a family member pick up my weapon signed over to them.... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're going through this situation. Even if you weren't convicted, certain charges can lead to restrictions on firearm possession. The police may hold your weapon based on the nature of the felony charge and any related concerns.

Transferring your gun to a family...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: What if I get locked put of my apartment of an intruder committing intrusion The deadbolt lock to my apartment has nokey

My claim iam an illegal alien living a life of compliance in lubbock texas

James L. Arrasmith
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answered on Oct 20, 2024

If you find yourself locked out of your apartment because of an intruder, your safety is the top priority. First, ensure you are in a secure location away from any immediate danger. Call 911 to report the intrusion and let the authorities handle the situation. They can provide protection and help... View More

1 Answer | Asked in Immigration Law for Texas on
Q: DS160 Previous Employment question

jhg

James L. Arrasmith
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answered on Oct 19, 2024

When completing the DS-160, it's important to ensure that all information matches your official documents. Since your experience certificate from firm X lists your title as "Systems Engineer," you should use this title on the DS-160 form. Consistency with official records helps avoid... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: I shot a dog on my property with my sons pistol , now I think they are going to file charges of felon in possession of

Disregard this question

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

IT depends how long you have been out of prison if you can have a gun at your residence under State law . Under Federal law you can never own a gun anywhere or anytime,

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1 Answer | Asked in Medical Malpractice for Texas on
Q: I was given the wrong medication for heart failure kidney's disease
Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

A Texas attorney could advise best, but your question remains open for almost three weeks. From the brief details, it isn't clear what the damages/injuries resulting from the wrong medication were - I hope you are okay, and that they were not severe. You could reach out to med mal law firms in... View More

2 Answers | Asked in Federal Crimes, Gov & Administrative Law and Identity Theft for Texas on
Q: My car dealer signed my name to two documents in the deal to charge me extra $564. Should I contactTx AG motor veh div?

I purchased a new truck from a Dodge store in Texas earlier this year. I told them when I was purchasing, I didn't want any ancillary products. I was an employee at the time and trusted the F&I representative to do the right thing and follow my wishes. I was looking over the documents that... View More

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Why would you be entitled to "a lot more to go along with" a refund?

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1 Answer | Asked in Immigration Law for Texas on
Q: My wife's i 130 interview is coming up.

My wife's interview is coming up.

I am from texas. Our marriage is 12 years old with two kids both US citizens. Her father and my father are 1st cousins. Can she tell that to counsular with confidence at her visa interview?

Asked in Austin, TX |

James L. Arrasmith
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answered on Oct 17, 2024

It's important to be honest and transparent during your wife's visa interview. If questions about family relationships arise, she should provide accurate information without hesitation. Consular officers are trained to assess all aspects of an application, and withholding information can... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Appeals / Appellate Law for Texas on
Q: How do I cite case law in a 2255 motion to support the grounds raised regarding ineffective assistance of counsel?

I am aware of stricklands two-prong test: deficient performance & prejudice. I have done all the research and have reviewed the record and gathered up what I believe to be enough grounds in filling this claim now just need help identifying any legal precedents that can support my claims and... View More

James L. Arrasmith
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answered on Oct 16, 2024

When citing case law in your 2255 motion, start with key precedents that support both prongs of Strickland’s test. For deficient performance, reference Strickland v. Washington, 466 U.S. 668 (1984), which established the framework. Include cases like Anderson v. Washington, 325 U.S. 724 (1945),... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: How can I open a company with workforce being in another country.

Hello, I need some legal advice. My friend has a company in Pakistan, and I'm interested in opening a similar company here in the US as an LLC . The workforce would be based in Pakistan and my friend will be handling that.

I'd like to know the best way to go about setting this up,... View More

James L. Arrasmith
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answered on Oct 16, 2024

Starting an LLC in the US with a workforce in Pakistan involves several key steps. First, decide whether to form your LLC in North Carolina or Texas by comparing their specific filing requirements and fees. Once you’ve chosen the state, file the necessary formation documents with the state’s... View More

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