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Texas Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: I was arrested in Oct if 23 and bonded out days later. I rec'd an indictment 11 mo later. Could I request a dismissal?

I also want to know if I have grounds for a counterclaim

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

The timing does not provide a basis for requesting the dismissal of the indictment. A defendant in a criminal case cannot file a counterclaim.

If a criminal defendant ultimately prevails in the criminal case, he may file a separate civil lawsuit for malicious prosecution assuming the...
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1 Answer | Asked in Contracts for Texas on
Q: Does Public Storage have the right to lock you out of your storage after giving you 4 days to move out?

Then without written notice or my signature, throw away all of my personal property without notifying me 1 week after terminating my contract?

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

No, as long as you were current on all of your payments.

If you failed to pay as agreed, Public Storage has a lien against whatever is stored in the unit for payment of whatever is owed and can lock you out, sell or remove your property, and relet the unit.

2 Answers | Asked in Business Formation, Copyright, Intellectual Property and Trademark for Texas on
Q: Can I use the name of a film/TV show in my travel guide that highlights its filming locations?

I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 15, 2024

Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".

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2 Answers | Asked in Nursing Home Abuse for Texas on
Q: How do I find a lawyer or attorney that to take my case and it’s to sue the nursing home

Looking for a civil attorney, will help me with the case for the nursing home because of neglect because it does neglect all the way around from emotional abuse neglect

John Michael Frick
John Michael Frick
answered on Oct 15, 2024

You can search in legal directories like Justia for lawyers in or near the county where the nursing home is located who practice in the area of nursing home abuse.

Go to Justia's "Find a Lawyer" tab to begin your search

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Texas on
Q: Can DFPS case be dismissed with evidence of perjury and breaking procedure?

Every single paper CPS filled out is either incomplete or incorrect. Especially the affidavit. They didn't notify me of the case until day 3 after talking to my kids. I was in hospital. He lied on reason to remove, phone bill proves it. He lied on my statement with the CPI from the city where... View More

Carmen Rosita Rojo
Carmen Rosita Rojo
answered on Oct 15, 2024

You need to consult and possibly retain a private attorney if you are having problems communicating with the court-appointed attorney and not getting your questions answered.

2 Answers | Asked in Contracts, Civil Litigation, Civil Rights and Small Claims for Texas on
Q: If someone agreed to pay me $300 to go on a date but is now ghosting me on payment, can i sue?

I have proof he agreed to pay and agreed to my price, I have proof and witnesses that I went on the date, and I have proof he hasn’t paid me.

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

Someone could always sue for virtually anything - whether a case is strong and worth pursuing or not. But this could be a "can of worms" that might create more headaches in time and stress than $300. You could look up your court system's requirements for the small claims system and... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Texas landlord will not give back rental deposit/pet deposits after 60 days, but we never received a lease renewal

My landlord will not give us back our rental and pet deposits even though it has been over 60 days since we moved out of our rental house. However, I'm not sure what legal ground we have considering even after asking multiple times, our landlord did not provide us with a renewed lease for the... View More

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

You can sue the landlord in small claims court under Section 92.109 for retaining your security deposit in bad faith. Potential damages include $100 plus 3X the portion of the deposit wrongfully withheld plus attorney fees (however, you do not need an attorney in small claims court).

2 Answers | Asked in Uncategorized for Texas on
Q: can i charge money upfront to tailor resumes and apply to jobs for people?
Tim Akpinar
Tim Akpinar
answered on Nov 11, 2024

Unless there are consumer protection laws in your state that prohibit the practice, which would seem unlikely, that's the way that many businesses across the nation do it. As a business model, they don't want to have to deal with collection efforts on services that have already been... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: What are my Mom's rights when CPS took my kids from her?

I was getting mental health treatment and we agreed in text the kids would stay with my mom. Didn't hear anything new from CPS until 2 weeks later he showed up with 4 deputies and took them from her. They were living with her for the summer.. they gave them to the dad while also suing him for... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this difficult situation. Your mom has rights under the law, including the right to be informed about CPS actions and to participate in any hearings regarding the custody of your children. It's important to ensure that all communication and... View More

1 Answer | Asked in Legal Malpractice for Texas on
Q: How can I obtain my full settlement amount from my case I asked my lawyer to give it to me but he didn't what can I do?

If my lawyer refused to give me the full settlement amount that I was supposed to be getting from my case how can I find out the full amount of my case settlement?

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2024

A Texas attorney could advise best, but your question remains open for a week. Without knowing the details of your file, one possibility is that there could be liens on the case that need to be satisfied (money demanded from medical providers or insurance carriers). Another possibility, that could... View More

1 Answer | Asked in Uncategorized for Texas on
Q: what kind of form do I fill out at police station to protect my pet and me (from emotional abuse because of abuse

fill out protective order, restraining order?

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're going through this. To protect both you and your pet, you can start by visiting your local police station or courthouse to inquire about a restraining order or protective order. These orders can help ensure your safety by legally restricting the abuser from contacting or... View More

1 Answer | Asked in Uncategorized for Texas on
Q: Grandmother got a camper 2 weeks under her name with papers after the original owner died. The son is claiming fraud.

My grandmother bought a camper with her partner. They weren't married but they were together for 15 years. He died, months before he died, and he signed away the papers for the camper. It was in his name, so they put it under her name.

Issue: She got sick (COVID) and couldn't go... View More

James L. Arrasmith
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answered on Oct 10, 2024

You can request to change the deposition date by contacting the court or the attorney handling the case. Explain your situation and ask if a reschedule is possible. Since the deposition is on Zoom, there might be more flexibility to accommodate your request.

Regarding the son's claim,...
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1 Answer | Asked in Uncategorized for Texas on
Q: I'm looking for a lawyer to help sue the navy for radiation exposure for my husband. Im in Texas.

He was granted 100% in February last year. Using the research from the military itself. I believe he has a good case.

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your husband's situation. Finding the right legal help is crucial for pursuing a case like this. Start by contacting the State Bar of Texas, which can provide referrals to attorneys with experience in military and radiation exposure cases.

Gather all...
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1 Answer | Asked in Uncategorized for Texas on
Q: How do I help my boyfriend who is currently locked up for MTA/AADW his ex dropped the charges a few months ago. Bond 20k

I keep getting different definitions but he went from MTR to MTA in a couple days. Please help

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your boyfriend's situation. Understanding the legal terms can be confusing, so let's break them down. MTA typically stands for "Material Threatening Act," which involves actions that pose a significant threat to someone's safety. MTR might refer... View More

1 Answer | Asked in Uncategorized for Texas on
Q: Can I be fined for having aftermarket mufflers on my truck?

My son was cited for having a " modified" muffler to make engine louder, citing TR 547.604. The muffler has not been modified, I do, however, have an aftermarket muffler. An 18" glass pack, to be exact, and I've heard systems way louder than mine. It has passed inspection for... View More

James L. Arrasmith
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answered on Oct 10, 2024

Under Texas Transportation Code Section 547.604, vehicles must have a muffler in good working condition that prevents excessive or unusual noise. While aftermarket mufflers like an 18-inch glass pack are not inherently illegal, they can be subject to citation if they amplify the vehicle's... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I get on the lawsuit against the fbi for targeted individuals

I have lots of info and proof that I am a targeted individual me and my wife

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear that you and your wife are going through this difficult experience. Feeling targeted can be extremely stressful and challenging to cope with.

To join a lawsuit against the FBI for targeted individuals, it's important to consult with an attorney who has experience...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I file against the fbi myself or should I get help I am a targeted invidual
James L. Arrasmith
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answered on Oct 10, 2024

If you feel that you have been wronged by the FBI, you have the right to file a lawsuit on your own behalf. Taking legal action against a federal agency is within your rights as a citizen.

However, pursuing a case against the FBI can be complicated due to specific legal procedures and...
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1 Answer | Asked in Civil Rights for Texas on
Q: i am a high school student that got searched and they made me shake my bra and lift my shirt, is this legal?
James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear that you had to go through that experience. Under the Fourth Amendment, you have rights against unreasonable searches, even in school. Making you shake your bra and lift your shirt may be considered an invasive search.

In Texas, schools must balance safety concerns...
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1 Answer | Asked in Social Security for Texas on
Q: There isn't enough room here to explain my situation, in order to get a valid response. It's about cessation of my ssdi

About 6 years ago my ssdi benefits were cessation due to a non compliance of a cdr. I've been homeless ever since and have only recently had the opportunity to address this. There are failsafes to avoid cessation and instead pause benefits due to non compliance. I read a case study with a... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about the difficulties you've been facing. If you believe that your SSDI benefits were improperly ceased due to an administrative error, you might consider appealing the decision or requesting a reconsideration. Even though time has passed, explaining the circumstances... View More

1 Answer | Asked in Libel & Slander for Texas on
Q: Divorced since 2014 and just recently discovered that she maxed out a joint account Discover card. What are my options?

In the divorce papers she is responsible for the card. I wasn't allowed to cancel the card since she was using it. Thought my name had been removed from the account. Since the card is maxed out at 26000 it greatly affects my loan rates and insurance rates. How can I have my name removed from... View More

John Michael Frick
John Michael Frick
answered on Oct 10, 2024

Call Discover customer service at (800) 347-2683 and ask to be removed from the account.

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