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1 Answer | Asked in Criminal Law for Texas on
Q: Can u get pulled over just cause someone called and said you had narcotics in your car?
John Michael Frick
John Michael Frick
answered on Sep 9, 2024

Yes. Police can act on a tip from an informant unless they have reason to question the credibility of the informant.

1 Answer | Asked in Uncategorized for Texas on
Q: Is it illegal for a hotel to charge for visitors to come inside to see the guests staying at the hotel?

Never did they have me sign any agreement form when I checked in, never did they say anything about no visitors.

James L. Arrasmith
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answered on Sep 8, 2024

It can feel frustrating when a hotel imposes unexpected charges for visitors, especially if you weren't informed upfront. Generally, hotels have the right to set their own policies, including charging fees for visitors to enter certain areas or to visit guests in their rooms. However,... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Is this freedom of speech? Driver in unmarked vehicle never identifies himself. I post photos from cams and he was a

Uber driver. He was lost supposedly. He pulled in behind my daughter, our driveway is 500 feet long. He was in unmarked vehicle, our cameras clearly showed his face and license plate. He had his windows down the whole time. My daughter 17 year old was scared and called me from the driveway. I went... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you’re feeling overwhelmed and upset by what happened. Posting about the incident on Facebook and showing the police the intimidating messages from the driver’s friends is a reasonable step to take, especially when you’re trying to protect your daughter and raise awareness... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: What happened to the constitution? The 1st amendment? Counterman V Colorado.

subsection of electronic communication under stalking for alleged email to my doctor whom I wanted to sue, xx "The Diddler" wants 8 years TDC and is set for trial. Protected Speech. Did not meet standard of "fighting words" nor were there any threats. Doctor lied to the... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you are dealing with a very complex legal situation involving accusations of electronic stalking and a potential violation of your First Amendment rights. You believe the email in question should be protected speech under the Constitution, especially since it does not meet the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: My public defender not using a pre writ a habeas corpus, based on facially unconstitutional of statute. Counterman V COL

subsection of electronic communication under stalking for alleged email to my doctor, DA wants 8 years TDC and is set for trial. Protected Speech. Did not meet standard of "fighting words" nor were there any threats. Doctor lied to the detective. And the detective never questioned me... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you are facing a serious situation with significant legal implications. If you believe that your public defender is not adequately representing you or is not using all possible legal strategies, such as filing a pre-writ of habeas corpus to challenge the constitutionality of the... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can we seek exception for my special needs and non verbal son to remain on H4 dependent visa when he turns 21yrs?

I’m on h1b visa. My EB3 green card priority date was in January 2020 and it may not become current by the time my son turns 21.

James L. Arrasmith
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answered on Sep 7, 2024

When your son turns 21, he is generally considered to have "aged out" of H4 dependent status. However, in some cases, there may be potential options to explore for keeping him on an H4 or another visa category. One possibility could involve arguing that he is unable to care for himself... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is there still parole in the federal BOP?

My fiance is in federal prison serving a 20 year sentence for a nonviolent crime. He has served 7 years this far and I am wondering if there is still a chance of parole or any other options for early release?

James L. Arrasmith
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answered on Sep 7, 2024

There is no parole in the federal prison system for crimes committed after November 1, 1987. The federal parole system was abolished, so most federal inmates must serve at least 85% of their sentence under the “truth in sentencing” law. However, there are still some potential avenues for early... View More

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: Should my 64-year-old immigrant father avoid working to increase SSI benefits at full retirement age? He’s never worked.

My 64-year-old father recently emigrated to the U.S. from Cuba through the humanitarian parole program, arriving two months ago. He plans to apply for U.S. permanent residency after his one-year stay. Although he has a work permit, an attorney advised him not to work during this time, claiming it... View More

James L. Arrasmith
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answered on Sep 6, 2024

It sounds like your father is in a unique situation. Supplemental Security Income (SSI) is a need-based program for individuals who are 65 or older, blind, or disabled, and it is primarily based on financial need, not work history. Since your father has never worked in the U.S., he would not be... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Is it normal for the priority date on my wife's i-485 (F2A category) to differ from the i-130?

Initially, the i-485 had the same priority date as the i-130, but later correspondence shows the i-485 filing date as the new priority. As far as I can tell these should be identical, and this change might actually be affecting the processing time since the priority dates have shifted a lot.

James L. Arrasmith
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answered on Sep 6, 2024

It’s understandable to be concerned about a change in the priority date for your wife’s I-485 application. The priority date on the I-485 should generally match the priority date of the I-130, as this date is used to determine when a visa becomes available under the F2A category. However,... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Texas on
Q: Can my wife be sued for TikTok or Instagram content that uses edited audio book clips?

My wife cosplays a book character on TikTok and Instagram. In many of her videos she uses audio that another creator has edited together from the Graphic Audio Book. All less than a minute long. On TikTok the sound links automatically to the other creator, but on Instagram she tags the creator of... View More

James L. Arrasmith
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answered on Sep 5, 2024

If your wife received a direct request from Graphic Audio Book to remove videos containing their audio, she should take it seriously. The company may have the legal right to protect its copyrighted material, even if it is edited or used in short clips. Ignoring the request could lead to potential... View More

2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What are my chances of winning in JP Court after breaking a lease due to uninhabitable conditions where I had to a Doc.

The house was infested with fleas I was bitten over 80% of my body I went to the doctor I took pictures also sent them to the landlord without any response. He sent me a letter afterwards and also text me saying that don't mistake his kindness for weakness. Here in Texas the amount starts at... View More

John Cucci Jr.
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answered on Sep 5, 2024

It was hard to determine exactly what you were asking about. Winning an Eviction trial, or winning a damages case for negligence or breach of contract by the Landlord when he refused to remedy the bug problem in your apartment.

If it is about an Eviction trial coming up, your lease will...
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1 Answer | Asked in Divorce for Texas on
Q: How do you get spousal support while you wait for your divorce trial? We have been married 10 years
John Michael Frick
John Michael Frick
answered on Sep 5, 2024

File a motion for temporary orders requesting spousal support.

2 Answers | Asked in Bankruptcy for Texas on
Q: Will my roommate be protected from a eviction if I'm in a chapter 13 bankruptcy

She doesn't live here but her name is on the lease, how can she protect her self if she really has no debt

Timothy Denison
Timothy Denison
answered on Sep 5, 2024

She will be as long as you pay the debt in chapter 13. If you don’t pay the debt through your 13, she would still be liable for payment of the lease.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can you be fined for unauthorized occupants?
John Michael Frick
John Michael Frick
answered on Sep 4, 2024

If you agreed in your lease to such a fine, yes. Otherwise, an unauthorized occupant would just be a breach of lease which the landlord could enforce by terminating the lease or by exercising any other remedies provided in the lease.

1 Answer | Asked in Real Estate Law for Texas on
Q: I am a tenant and needed to know the steps I can take to evict someone not on lease but who has “established residency”.

They refuse to leave and the cops said I would have to file eviction but when I pull up eviction paper from county courthouse it has ‘landlord name’ for the blank space and I’m wondering if judge will grant me as the tenant the eviction

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

You need to report the unauthorized squatter to your landlord and allege that the landlord is interfering with your right to "quiet enjoyment" of the premises you lease from it.

It then becomes incumbent on your landlord to evict the squatter.

2 Answers | Asked in Immigration Law for Texas on
Q: How can I keep my LLC as a former F-1 student and soon to be ESTA tourist and later getting a marriage based visa?

Hi, I am an F1 student who studied for 4 years in the US and did 1 year of OPT. During my OPT I opened my own LLC in marketing. I am going back to my home country now and returning as a tourist on ESTA. I have a US citizen partner who I am planning to marry when I get back so that we can live and... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 3, 2024

A foreign national who enters the US legally and applies for a green card later based on marriage to a US citizen will not be prevented from obtaining a green card for running his/her LLC without work authorization

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2 Answers | Asked in Consumer Law, Contracts and Identity Theft for Texas on
Q: Can A lawyer demand that a company divulge what legal documents and/or processes that they have in my name?

I suspect that a certain company is planning to place a fraudulent lien on my home.

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

If there is a pending lawsuit, a lawyer can subpoena or serve a discovery request compelling the company to produce relevant non-privileged documents in its possession, custody, or control.

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1 Answer | Asked in Securities Law and Stockbroker Fraud for Texas on
Q: Can an investment withhold funds or freeze accounts that are used for living expenses?

My mom has several accounts with an investment firm that she has had for over 25 years. She withdraws money as needed without any issue. However, the last time she made a request for a withdrawal, she was told her funds were frozen and after speaking with her broker, was told that she would need to... View More

Robert Howard Rex
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answered on Sep 2, 2024

I am unable to adequately evaluate this situation based on the facts provided, however the facts do suggest that the situation warrants further investigation. If you would like a no charge evaluation of your potential case please contact Nan Thompson at my office.

2 Answers | Asked in Immigration Law for Texas on
Q: I am on my h1b visa and have still pending I140 approval. Should my wife who want to do Post doc apply for h4 or j1 ?

my wife is doing phd in india and will be completing it along the time we get married. She want to do post doctorate in USA. Should we apply for h4 and then for j1 or h1b or directly try for post doc visa.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 1, 2024

It would be better for your wife to just apply for H4 as the J1 may subject her to the 2 year home residency requirement

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1 Answer | Asked in Civil Rights for Texas on
Q: The police in my town put spy ware on my phone with out a warrant. The man who repairs phones found the app on my phone

When I took it to his store. I confronted the officers but if course they denied it. What can I do?

James L. Arrasmith
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answered on Aug 31, 2024

It’s alarming to discover that spyware may have been installed on your phone without a warrant. If you believe your rights have been violated, the first step is to gather evidence. Ask the phone repair person to provide a written statement or any proof that supports your claim that spyware was... View More

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