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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Texas on
Q: I need help! I'm being charged for 2 2nd degree felony but it should be discharge of a firearm inside city limits

And second charge shouldn't even be one because I was no where around whe it happened also no firearms are were removed from home except a broken bb gun in my sons closet. I'm going to jail for protecting my boyfriend because 8 guys were about to jump him in our yard. I helped the cops... View More

James L. Arrasmith
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answered on Aug 31, 2024

I'm sorry to hear that you're in this situation. It sounds like you're facing serious charges that don't match the reality of what happened. If you have evidence like video surveillance and witnesses that can prove your innocence, that's a strong foundation to build your... View More

1 Answer | Asked in Car Accidents, Civil Rights and Personal Injury for Texas on
Q: I was parked and hit by a car in a police chase. Can I sue the police department?

Police were chasing a stolen truck. Parked on the side of the road with my hazards on, typing in an order for work. The road was very wide for a two lane road. Hear a screeching, look in my rear view mirror and quickly brace for impact. Cut the story short, guy stole a truck out of parking lot near... View More

James L. Arrasmith
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answered on Aug 31, 2024

In situations like yours, it's understandable to feel frustrated and overwhelmed. When police are involved in a chase that results in damage to your vehicle, determining liability can be complicated. Generally, police departments have some level of immunity from lawsuits related to their... View More

1 Answer | Asked in Criminal Law, Communications Law and Constitutional Law for Texas on
Q: I need another Texas court appointed lawyer but was denied .What do I do?

I've been asking my court appointed lawyer to show me the discovery the DA has on me. He ignores me and tells me no. He tells me Im guilty and we begin trial in Sept. Ive been in County jail for two years and not once has he communicated anything with me.

James L. Arrasmith
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answered on Aug 31, 2024

If your court-appointed lawyer isn't communicating with you and isn't showing you the discovery, you have the right to take action. You should first document all instances where you've asked for discovery or tried to communicate with your lawyer, and how they've responded. This... View More

1 Answer | Asked in Estate Planning, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: can trustees of a irrevocable trust be sued?

conned into signing a MOU, experienced malfeasance at the hands of them. subpeonas revealed they committed crimes against me and tried to cover it up. I want to sue them for large monetary damages, it's an irrevocable trust.

James L. Arrasmith
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answered on Aug 31, 2024

Yes, trustees of an irrevocable trust can be sued if they have engaged in wrongdoing. If you were misled into signing a Memorandum of Understanding (MOU) and have evidence of malfeasance or criminal activity on their part, you may have a strong case. Trustees have a fiduciary duty to act in the... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Q: If the police tell you that they aren’t going to charge you with a crime, release you from their custody, and then

Allow you to re-enter your home for 10+ minutes before changing their mind, coming and knocking on your door telling you that you need to come with them because they changed their minds, shouldn’t they have needed a warrant for my arrest at that point?

James L. Arrasmith
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answered on Aug 31, 2024

If the police initially released you from custody and allowed you to return to your home, then changed their minds and asked you to come with them again, the situation can be complex. Generally, once you are released and back in your home, the police might need a warrant to arrest you again,... View More

1 Answer | Asked in Bankruptcy, Contracts and Landlord - Tenant for Texas on
Q: Will signing a updated lease effect my bankruptcy case and look unfavorable in eviction court?

so ive been struggling financially for a few months now which has caused me to fall behind on bill including rent. i received a notice to vacate but it hasnt gone further in court yet. i recently filed bankrupt including my past due rent. today my landlord practically forced me to sign a new lease,... View More

James L. Arrasmith
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answered on Aug 30, 2024

Signing an updated lease after filing for bankruptcy can have potential implications, but it doesn't necessarily mean it will negatively impact your case. If your landlord pressured you into signing without a thorough review, this could raise questions about the validity of the agreement,... View More

2 Answers | Asked in Car Accidents for Texas on
Q: I was hit head on by a drunk driver,my car is a total loss..can I was something besides the title to prove ownership?

I have it registered,insured,and personal property tax documents all in my name..doni still need the title?

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

Theoretically, if not challenged. But the title is dispositive and easily obtainable.

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1 Answer | Asked in Probate for Texas on
Q: If dad's lawyer was jailed for embezzlement from clients would that be cause to question validity of will in probate?

Dad had dementia & alzheimers for years before death. Will signed 3 months before he passed. The trust was never funded. Possible that will was tampered with. Her own lawyer said "I was under the impression that all the kids (adults from previous marriages) knew all the assets of the... View More

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

If dad's Will leaves money to the lawyer, yes.

2 Answers | Asked in Car Accidents for Texas on
Q: How do I dispute an insurance claim against me
John Michael Frick
John Michael Frick
answered on Aug 30, 2024

The typical way for an insurer to dispute an insurance claim against it is to file a declaratory judgment action seeking a declaration that the claim is not covered by the policy of insurance.

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2 Answers | Asked in Immigration Law for Texas on
Q: Will I be able to work for two companies full time while I am on F1-OPT, while one of them already filed my H1B?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 29, 2024

An F-1 with OPT who changes status to H-1B can only work for the H-1B petitioner/employer

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1 Answer | Asked in Car Accidents for Texas on
Q: hello i have recieved court documents with questions to be answered for an open case for an auto accident that happened

i just need to know if i can answer these question myself or i need a lawyer to answer them

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2024

A Texas attorney could advise best, but your question remains open for two weeks. It isn't fully clear if you mean you received papers in connection with being sued in the accident by the other side, or in connection with a claim where you are the one suing the other side. If you're being... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I was told that I might have a felony warrant for interfering with a felony investigation and I need to know what to do!

I was pulled over and the gentlemen that was with me evidently had a warrant for a charge for his 3rd or more dwi and I did not tell them who he was

Madolyn García Falone
Madolyn García Falone
answered on Aug 29, 2024

You can do a warrant search in the appropriate county. Call them up and ask if you have an active warrant. If you do, hire a criminal defense attorney ASAP.

1 Answer | Asked in Contracts for Texas on
Q: If I am suing a company but also name that companies owner and only one person respond can I file a motion default judge

motion for default on the company that didnt answer?

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

If the company was timely and properly served, yes you can get a default judgment against the company even if the individual owner filed an answer.

1 Answer | Asked in Employment Law for Texas on
Q: does my work have to pay for work related doctor visits?

when my health insurance company says "this doctor visit is related to a work injury, they should pay for it," is there a legal obligation for my workplace to pay for it or is the insurance company just saying it's not their problem?

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

Typically, your employers workers' compensation carrier will pay for medical expenses caused by work-related injury. you should report the injury to your employer and submit a workers' compensation claim.

1 Answer | Asked in Foreclosure for Texas on
Q: Need advise/help

Our situation is several years ago we got property tax assistance from one of those places they help you pay your taxes at the time it was with Sombrero Capital through the course somehow our account was bought by or transferred to xx . We were making our payment on time but them the pandemic hit I... View More

John Cucci Jr.
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answered on Aug 28, 2024

Sorry to hear about your problem.

You need to go to the County Clerk Office and get a copy of the judgment against you. It would be good to also ask for the :Clerk's Minutes" on the case. That is because you want to know the dates of the lawsuit filing and other matters. As you...
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1 Answer | Asked in Divorce for Texas on
Q: If a child was born during but not of the marriage which final decree of divorce should they use with prior order?
John Michael Frick
John Michael Frick
answered on Aug 28, 2024

Your question is too vague to answer. If a child was born during a marriage, the husband is the presumed father of the child unless his paternity is disestablished and the paternity of the biological father is established in a paternity action. The spouse's final decree of divorce could... View More

1 Answer | Asked in Tax Law, Traffic Tickets and Car Accidents for Texas on
Q: Hi how would I know if a judgment been refille I have similar situation like that one mine was suspended since 2014

I was in a accident didn’t realize my ex husband didn’t pay insurance so I was moving around with him never got no letter no court date or nothing and they put me in judgment credit it’s just made 10 years this year 2024 what can I do to get it back I never made payment on it I try too but... View More

James L. Arrasmith
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answered on Aug 27, 2024

It sounds like you're facing a challenging situation with a judgment that has been impacting your ability to move forward. Since it's been 10 years, the first step is to determine if the judgment is still active or if it has expired under Texas law. Typically, judgments in Texas are... View More

1 Answer | Asked in Intellectual Property for Texas on
Q: Does this patent stop somebody from making a drink with r 1,3 butanediol as the main ingredient ?
James L. Arrasmith
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answered on Aug 27, 2024

Whether a patent prevents someone from making a drink with 1,3-butanediol as the main ingredient depends on the scope of the patent claims. Patents typically cover specific methods, compositions, or uses of a substance. If the patent in question covers a particular formulation, method of... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Do I need to have a lawful entry into the us for AOS through my us citizen husband?

I have DACA currently but I don’t have a lawful entry into the US.

James L. Arrasmith
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answered on Aug 27, 2024

Yes, a lawful entry is generally required to adjust your status (AOS) through marriage to a U.S. citizen. Without a lawful entry, you may not be eligible for adjustment of status unless you qualify for certain exceptions. One common exception is if you are a beneficiary of a petition filed before... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I filed vawa and now I receive after year Prima Facie Determination letter is it good thing or bad
James L. Arrasmith
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answered on Aug 27, 2024

Receiving a Prima Facie Determination letter after filing for VAWA is generally a positive development. This letter indicates that your case has met the basic eligibility requirements for VAWA benefits, and it allows you to access certain public benefits while your case is pending. It does not mean... View More

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