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2 Answers | Asked in Criminal Law for Texas on
Q: What is taking fruit from the forbidden tree?
John Michael Frick
John Michael Frick
answered on Apr 26, 2024

This is a reference to Genesis 3:1-6:

1 Now the serpent was more crafty than any of the wild animals the Lord God had made. He said to the woman, “Did God really say, ‘You must not eat from any tree in the garden’?”

2 The woman said to the serpent, “We may eat fruit from...
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2 Answers | Asked in Criminal Law for Texas on
Q: If a character witness testifies is it suppose to be on the court transcripts?
John Michael Frick
John Michael Frick
answered on Apr 26, 2024

Yes, when a character witness testifies at trial, the court reporter stenographically reports that witness's testimony along with all of the other witnesses' testimony.

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1 Answer | Asked in Civil Rights for Texas on
Q: are there any pro bono lawyers for civil lawsuit for federal court?
John Michael Frick
John Michael Frick
answered on Apr 25, 2024

Yes, there are, but you probably don't want a pro bono legal aid lawyer for a civil rights case. You want an experienced civil rights attorney. I recommend S. Lee Merritt, a leading federal civil rights attorney who previously ran for the office of Attorney General. He is not only an... View More

1 Answer | Asked in Estate Planning for Texas on
Q: I am looking to set up a living trust as POA. How would I sign document on behalf of Grantor and/or Trustee?

The Power Of Attorney document specifically grants the right to create an inter vivos trust on behalf of the principle.

Gratia "Grace" P. Schoemakers
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answered on Apr 24, 2024

Take the POA to any estate planning attorney near you, they will tell you what you can or can not do. They can help you draft the trust if it falls within the power of the POA.

1 Answer | Asked in Business Law for Texas on
Q: I was promised by a company rep that they had a 30 day refund policy prior to purchase

Salesman had me complete purchase away from front desk where return policy is located. Then when tried to return they state they have a "no return policy". I have audio recording of rep stating I could return within 30 days, as discussed, on day I was trying to return.

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

Sounds like you have good solid evidence to support your claim that a term of your purchase was the right to return the merchandise for a refund within 30 days.

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Personally haven’t been getting help from the other parent.

Can I ask the court for physical and legal custody if the other parents hasn’t tried to even go to court for our child, it’s been about a year. I’ve been asking for a divorce but they’re just clinging on and telling me to wait.

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

If you are still married to the other parent, you will need to file a petition for divorce and include a request to be appointed sole managing conservator in the divorce pleadings.

1 Answer | Asked in Consumer Law and Real Estate Law for Texas on
Q: Hi my home is in a lawsuit since a relator bought my home from someone she knew had falsified signatures

When they tried to evict me in jp court the judge ruled in myfavor and stated that i should not be evicted while the case is pending higher court between the person i bought the house from and thecperson mrs leal bought the home from but she still gets another realator to list the home for sale... View More

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

Win the case that is pending in the higher court. You might be able to persuade the judge in that higher court to grant a temporary injunction prohibiting the realtor from listing the home for sale until the lawsuit is resolved.

1 Answer | Asked in Collections for Texas on
Q: is such a thing as 30 year statue of limitation on credit card debt.

Received a call about an old credit card debt. 19 year old debt. they said it had 30 year statue of limitation, I asked if it was past statue of limitation and they said no. credit card had a 30 year statue of limitation.

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

No. There is not a 30-year statute of limitations on credit card debt in Texas. This sounds very much like a scam.

1 Answer | Asked in Criminal Law for Texas on
Q: Can a defendants proffer from a plea agreement that was successful withdrawn be used @sentencing in a new plea agreement

Defendant withdrew plea agreement and was set for trial but signed a new separate plea agreement. Can proffer under previous withdrawn plea agreement be used against client in sentencing under new plea agreement?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024

The answer to your question is in your signed Proffer agreement. Unless you lied, or broke the proffer agreement, the government should NOT be able to use your proffered statements.

I hope this helps.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: where do I file a small claims complaint against a company with headquarters in Ohio but conducting business in texas

They have a registered agent address in Ausitn but not houston. The job was performed in Harris County at a Sam's Warehouse but I was never paid

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092.

1 Answer | Asked in Uncategorized for Texas on
Q: How do I get recognized for what happened to me due to this case 13-21-00222 cr. I had counselors tell me I was a liar

For many years and many out clinic counselors

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

Usually, there is no sort of legal "recognition" for a victim of an appellate lawsuit. If you are the victim of the crime that was the subject of that case, by law the publishers will not publish your name because you were a minor when the criminal conduct occurred.

1 Answer | Asked in Adoption for Texas on
Q: I am trying to adopt my grandson I had him since birth. His momma is in prison for life and his father is unknown.

I have full custody. He knows his mother but I want what is best for him. Due to his mother, I lost my, other grandkids to foster care. I don't have any money for a lawyer I try legal aid.

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

Legal aid organizations can often help with family law matters like an adoption of your grandchild if you are indigent and cannot afford an attorney. You should try Lone Star Legal Aid : https://www.lonestarlegal.org/

1 Answer | Asked in Real Estate Law for Texas on
Q: Does an estate administrator have right to have a key if the property was purchased after the marriage?
John Michael Frick
John Michael Frick
answered on Apr 17, 2024

The administrator of the decedent's estate has a right to the key of any property owned by the decedent in whole or in part as separate or community property at the time of the decedent's death.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Texas on
Q: Do I have a housing discrimination case against a homebuilder in League City, TX. ?

We closed on the house 10-20-23 and we still have many items that were NOT fixed by closing, but we were told we have a 2-year warranty to cover structural and/or incidental items.

However, there are two white women who got their problems resolved before they closed.

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

It depends on whether the reason the builder did not address your issues is because of your race, color, ethnicity, national origin, sex, age, disability, or pregnancy.

1 Answer | Asked in Employment Law, Employment Discrimination and Federal Crimes for Texas on
Q: If a man fires a projectile at you on the job can you file a lawsuit against the company for not fireing him

The homemade device was a piece of pipe filled with oxygen and acetylene taped off and ignited shot a avocado seed towards me and put a hole in the wall head level it didn't hit me but there was no reprimand for it and it is still allowed I am no longer at that company but I have friends that... View More

James L. Arrasmith
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answered on Apr 16, 2024

Even if you are no longer with the company, you may still have a case, especially if you have witnesses or documentation of the incident and the company's failure to address it properly. An attorney can also advise you on whether your friends who still work there might have a case as well.

1 Answer | Asked in Criminal Law for Texas on
Q: a cop lied in part of my statement that i never said

i got indicted over a part of a statement i never said what can i do to the cop

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

You can try to impeach the officer's testimony at trial to persuade the jury you never said that part of the statement.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Can insurance retaliation

I car was hit by a car (not my fault. I have video evidence). The other party's insurance paid for the repairs. It was a minor scrape on the bumper. The insurance wanted to put aftermarket bumper but I refused and argued with them and they finally agreed to put OEM bumper on the car. But they... View More

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2024

A Texas attorney could advise best, but your question remains open for three weeks. At this point, you could try to arrange a consult with a local attorney - there's the possibility that what you assert to be a deliberate act could be argued by the carrier as oversight, or other unintentional... View More

1 Answer | Asked in Family Law for Texas on
Q: My judge is requesting a filed document that is from the AJ ruling that includes the temporary orders.m but not sure

Not sure where I can retrieve this document or what exactly this is called

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

It depend on what the document is as to where it most likely is filed. You should ask your family law attorney's paralegal who will most likely be able to tell you exactly where to go and how to retrieve the requested document.

2 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Texas on
Q: Reservedrv lot@u s army Corpengineerslake park. my puppy got free from leashaawewalked, rangersgave me ticket&kickedoff

All in one hour of arrival to lakelot reserved paid for a week stay. Is this legal? First encounter ever over a puppy dog. What can I do to counter this ticket dog off leash united states code 327.11(a) . Mott park baedwell lake Texas. What's the law here. Case laws.rangers voided entire trip... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Unfortunately, there are many irresponsible pet owners who refuse to abide by leash laws which require owners to keep their dogs, cats, and other pets caged, penned, or on a leash not longer than six feet in public inclujding in recreation areas that are not specifically designated otherwise (like... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Name is backwards and misspelled on report indictmen ,and docket does it matter
Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 11, 2024

This can be corrected very easily.

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