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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I got rental assistance from a church. The check takes 2 weeks to mail. Can they still evict me or make me pay?

The property manager is the one who told me to call this organization to help. She is telling me now I have to balance or she will file for eviction. They have already mailed the check out. She just hasn’t received it.

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

A landlord can evict a tenant if the tenant fails to timely pay rent as agreed in the parties' lease agreement.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can I sue my mom for putting me out at 14 years old and 34 now and been dealing with trauma every since?

She never did literally nothing for me and my dad just now start paying child support... So she gets the backpay, but should that go to me since I was abandoned

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

No, the statute of limitations has long since expired.

1 Answer | Asked in Criminal Law for Texas on
Q: How can I get a new trial if I already admitted to guilt in a felony case.

My lawyer scared me into taking the guilty plea. I wanted to go to trial but he said I probably wouldn't benefit and if I fought I'd probably get a worse sentence

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Under the circumstances described you probably cannot get a new trial for making a rational decision based on your lawyer's candid advice just because you were scared.

1 Answer | Asked in Consumer Law for Texas on
Q: What can a Walmart employee do to me if I refuse to show them my receipt as I'm leaving ?

Could they call security for that and what could they do ? Would the cashier be a witness that you paid for your items so there's no reason for suspicion ?

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

A shopkeeper has the privilege to detain an individual that they reasonable suspect of shoplifting in a reasonable manner for a reasonable time to investigate ownership of property. If unable to verify ownership, the shopkeeper can call police.

2 Answers | Asked in Uncategorized for Texas on
Q: am I still under contract with my roofing contractor?

I filed a claim, the insurance paid out a little and denied my supplemental claim and told my contractor. they told me I have to file another claim for additional damages which I did. After the new adjuster did his inspection he said he was going to treat it as a supplemental claim from previous... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Your question does not provide enough information to answer the question you have asked. Your dealings with your insurance company likely has no bearing on whether you are under contract with your roofing contractor. Review your written agreement with your roofing contractor.

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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: TEXAS: If a case is dismissed due to Brady Rule violations, is The State (county D.A.) or city P.D. required to keep..

(continued from above) ...on-file all evidence (bodycams, witness statements/police report, sworn accusation, etc) until the SECOND ANNIVERSARY AFTER DATE OF ARREST (or longer)? Basically...as a pro se defendant who won, as I take my time finding an ATTORNEY WHO CAN SUE THE CITY & D.A. IN... View More

James L. Arrasmith
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answered on Sep 27, 2024

In Texas, evidence retention laws vary depending on the type of case and the governing statutes. However, even if a case is dismissed due to Brady violations, the obligation to preserve evidence may still apply, especially if there is a potential civil case or ongoing legal dispute. The... View More

2 Answers | Asked in Estate Planning and International Law for Texas on
Q: I reside in Galveston texas I am looking for an international estate lawyer for South Africa. Do you have recommendation

I’m reaching out from Galveston, Texas. I am currently facing an urgent legal matter regarding the estate of my late grandfather, xxx, in South Africa. I’m seeking your assistance and would greatly appreciate a free consultation to explore how I can move forward with this complex case.

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2024

This forum deals mostly with U.S. law and courts. You could check with regional attorney directories in South Africa, and also with local bar associations. Most bar association websites have sections for attorney referrals. Good luck

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1 Answer | Asked in Family Law for Texas on
Q: My life partner of ten years moved out. Am i entitled to the ring?
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

What ring?

If your life partner gave you a ring as a gift, it belongs to you.

If you gave your life partner a ring as a gift, it belongs to your life partner.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My employer has been paying me overtime in cash for the last year, I want to report this. How do I proceed

Lots of other sketchy practices, kinda want to take down the buissness because of them ranging from gender based and other discriminations during hiring to making employees pay for stolen product.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

File a wage and hour complaint with the TWC.

1 Answer | Asked in Business Law for Texas on
Q: If an expert witness has not been paid and the case is active (patent litigation), can he ask the judge for assistance?
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

If he is a court-appointed expert, he can file a motion to tax his fees as costs.

If he was hired by one of the litigants, he can quit and then sue the party who hired him to collect unpaid fees in a separate lawsuit.

2 Answers | Asked in Real Estate Law and Insurance Defense for Texas on
Q: I own an El Paso, TX home mom is living in, sister has caregivers with no liability insurance. Can I require insurance?

I own an El Paso, TX house my 88 year old mom is living in, and have discovered that the caregivers employed by my sister do not have any insurance of any kind. No liability insurance nor worker's comp.

This puts me at great risk, since a claim could wipe me out financially.... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

Under your circumstances, you should hire a licensed home health care company to provide care for your elderly mother. Hiring random people to act as caregivers for an elderly person sounds sus and is very risky.

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1 Answer | Asked in Family Law for Texas on
Q: Question regarding an 18yr old son who randomly picked up and left home.

Is he entitled to the clothing and other items in his room or can we change the door locks and he can't get into the house?

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

Any personal property he bought or that was given to him as a gift is his personal property. If you keep it from him, he can sue for conversion.

Yes, you can change the locks and not allow him to get into the house if he voluntarily moved out.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Been raising my son since he was born.filed for support and mom picked him up after she got served

Mom has drinking problems and puts my son in danger. Police reports have been filed by me and also her family . She also drives under the influence while in possession of my son

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

You can request temporary orders in your SAPCR including being named temporary sole managing conservator of your son.

1 Answer | Asked in Car Accidents for Texas on
Q: The state took away my license due to accident 2 yrs ago how do I know if there was a judgement against me

They have not taken me to court

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

They can't have a judgment against you if they did not take you to court.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: What am I to do when I file a protection order on behalf of my kids but mom still lives with whom I have the order

My wife told me her boyfriend hit her and our kids and threaten their lives on behalf of my kids I file a protection order against him. But she moved back in with him

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

As long as he obeys the protective order with respect to your kids, you likely cannot do anything except use that as evidence in your divorce. If he violates the protective order, you can file a motion to enforce the protective order.

2 Answers | Asked in Uncategorized for Texas on
Q: I bought a counterfeit Nike shoe from an auction service. Can I contact police if they don’t give a refund?
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

You can contact police whether they give a refund or not.

What you can't do is threaten to call the police if they don't give you a refund. That would itself be a crime.

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1 Answer | Asked in Civil Rights for Texas on
Q: I’m physically handicapped. If I tell HHS I’m “cognitively impaired “ could I have my freedom of choice taken away?
James L. Arrasmith
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answered on Sep 25, 2024

If you tell HHS that you are cognitively impaired, it could potentially lead to a situation where your ability to make certain decisions is evaluated. In some cases, authorities may assess whether you need assistance with decision-making to ensure your best interests are protected. However, this... View More

1 Answer | Asked in Copyright and Products Liability for Texas on
Q: If using a LLM to create code layout from an image snapshat I took. Can I use that to create a layout to sell?

Any images within the original image will not be used in the final product. Output will use a different css framework as the original layout and there will be slight differences in functionality and positioning of elements, etc. Basically I'm looking for copyright advice and if there is any... View More

James L. Arrasmith
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answered on Sep 25, 2024

When creating a code layout based on an image snapshot, copyright concerns depend on how closely the final product resembles the original. Since you’re using a different CSS framework and making modifications to functionality and positioning, you are introducing enough changes to reduce the risk... View More

1 Answer | Asked in Immigration Law for Texas on
Q: What happens if I divorce/separate during a conditional green card status?

Hello,

My name is Joseph, a marriage conditional green card holder for 2 years, 5 months.

We jointly filed to remove conditions and received a 4 year extension awaiting USCIS decision.

My sponsoring spouse has and still makes life unbearable with her cheating, infidelity,... View More

James L. Arrasmith
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answered on Sep 25, 2024

If you divorce or separate while awaiting your green card conditions to be removed, you can still apply to remove the conditions on your own. You would need to file a waiver of the joint filing requirement (Form I-751), showing that the marriage was entered in good faith but ended due to divorce or... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Where to paper summit I-907 for dependents? I-539 submitted 3 months ago and pending.
James L. Arrasmith
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answered on Sep 25, 2024

To submit Form I-907 (Request for Premium Processing) for dependents whose I-539 is still pending, you'll need to follow the guidelines provided by USCIS. Form I-907 must be sent to the same USCIS location where the I-539 is pending. It’s important to check the receipt notice (Form I-797)... View More

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