COVID-19 Texas Q&A by Practice Area

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COVID-19 Texas Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for Texas on
Q: My father got covid in jail! Can I sue the jail? Or state?

My father test positive for Covid! 2hours after he was released from county jail! He was wearing the same mask he got booked into jail with. 18days with the same mask! I asked and requested that he get a new mask or if I could bring any in. SEVERAL TIMES!!! Was told “I’ll get him one” spoke... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

You can sue anyone for almost anything but that doesn't mean you can win. A lawsuit like this would never be a matter of Criminal Law even though it involves the administration of the county jail. This would be a matter of Civil Law and may need to include some sort of Civil Rights argument... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: is it true that you have to be inditied before able to get a speedy trial for a felony

I’ve been on bond for a year and have not been indited ..or no court date or anything, been asking my “paid attorney”for a speedy trial since day one,because of my innocence. But I do think he knows the law very well. Keep saying cuz of covid but I’m going through a divorce and I’m going... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 22, 2021

It is true that the right to a speedy trial does not attach until the case is indicted. It is also true that there is no right to a speedy indictment. However, you can usually force an indictment by demanding an Examining Trial to determine probable cause. This is only a good idea in rare... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make you get a covid vaccine for employment consideration? Sounds discriminatory to me.
Rhiannon Herbert
Rhiannon Herbert answered on May 18, 2021

Generally, the answer to this question is yes. However, there are two exceptions to this general rule. If you have a religious objection to receiving the vaccine, or if you suffer from a disability that renders you unable to receive the vaccine, you can request an exemption from this requirement as... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: How long does it take to get a dismissal for a misdemeanor criminal case? (Lowest possible criminal crime)

My friend was arrested in November 2020 is put on bail and has a court appointed attorney. The last thing he heard from the attorney is that it looked like it may be dropped because the plaintiff isn't responding to them. This was a month ago and the attorney also said he had 5 other cases in... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 10, 2021

Wow, complaining about a free attorney? Beggars can't be choosers. It isn't the defense attorney's decision when or if the prosecutor dismisses the case. Sure, the defense attorney can attempt to INFLUENCE the prosecutor but ultimately if you have a stubborn prosecutor sometimes... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: friend made parole release 5/21 , got caught w drugs moved to g4 , no store , no ecomm , has to Do 6mth class now aug

Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 9, 2021

Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Can you get a felony case dropped if they haven’t indicted you after 180 days of getting out of jail?

I got arrested in Waller Texas in October of 2020 and it’s almost been 180 days since I’ve been out. I had an arraignment but i read online that if I don’t have an indictment that I can fight to get my case dropped and was wondering if this was true.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

If the case is dismissed now then you will be released from the bond. However, if you are later indicted an arrest warrant will be issued because you are no longer on bond. The state has up to 3 years to indict you for most felonies so should be sure that the prosecutors don't want the case... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: When will my court date be?

My child’s father is not allowing me to have visitation with my daughter. I plan on filing motion to enforce. After I file the paperwork, how soon will my court date be scheduled for?

Jonathan Tanaka
Jonathan Tanaka answered on Mar 24, 2021

Thanks for your question!

It really depends. A lot of courts have been significantly affected by COVID. Many hearings here have been pushed out to June/July.

Have you reached out to an attorney yet? I would recommend that you contact a local family law attorney in Katy, TX so the...
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1 Answer | Asked in Criminal Law, Civil Rights and Collections for Texas on
Q: How can I get my money back from a lawyer I feel has done nothing since hiring him half a year ago?

I paid $3000 to a lawyer who assured me of good things. My husband even denied a plea bargain with the state because this lawyer said he would and he can get a better one. But now he never answers and the state wants my husband to do even more time now. He now even has warrants that he didn't... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 7, 2021

An attorney has an obligation to respond to his or her client, which in this case is your husband. Even if you were the one who originally retained the attorney, it should be your husband who is calling or texting. If you don't get responses in a couple of days then send an email. If you... Read more »

2 Answers | Asked in Criminal Law, Products Liability, Civil Rights and Federal Crimes for Texas on
Q: Envirox H2Orange2 Concentrate 117 Sanitizer virucide cleaner is what we spray our warehouse with against COVID-19.

On the back it says it’s a violation of Federal Law to use this product inconsistent with its labeling. It kills only 4 viruses being Herpes Simplex Virus Type 2, Influenza A2/Japan, HBV, and HIV-1. None of these are Coronavirus/COVID-19 related. Therefore being a violation of Federal Law and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

No. That's not what use inconsistent with means. Who knows, the company may have consulted an industrial hygienist.

Also, to sue for damages you have to show you actually suffered something--not could have.

If you have a concern you may report it to your state OSHA or US Dept of Labor OSHA

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1 Answer | Asked in Employment Law, Federal Crimes and White Collar Crime for Texas on
Q: Can I file a lawsuit to have a fraudulent W-2 revoked?

Can I file a lawsuit to have a fraudulent w-2 revoked?

I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 24, 2021

I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What's the best way to approach the situation without breaking court order?

The parents are unmarried & recently separated. I want to make sure that the baby has same amount of time with each other. Because of the pandemic & the winter we are enduring. The father thinks I'm using it as an excuse to alienate. But he works (he has had the past week off cause of... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Feb 19, 2021

Hello, thanks for your question! I would recommend that you reach out to a local attorney in your area soon so that the attorney can learn more about what is going on and advise you as to how to proceed.

The title of your post says "without breaking a court order" -- is there...
Read more »

2 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Can police legally unlock and search my glovebox without a warrant

I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... Read more »

Brian Foley
Brian Foley answered on Feb 12, 2021

You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son has 2 boys 9 and 10 years old. He and the mother were together for 4 years. He paid everything including ins.

insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 10, 2021

Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: What does my Appeal mean?

I received both ruling. I am not sure if I will get unemployment benefits after my appeal. That is what it says and I am not sure what exactly does it mean.

Valid Claim:We affirmed the previous ruling.

Separation from work : We reversed the previous ruling.

Tim Akpinar
Tim Akpinar answered on Feb 3, 2021

A Texas attorney could advise best, but your post remains open for two weeks. As a GENERAL matter in ANY type of case, if an appeal contains multiple elements, courts could rule categorically on them, denying some and affirming others. A Texas attorney who works in Employment Law would have the... Read more »

3 Answers | Asked in Civil Rights and Social Security for Texas on
Q: Hello, I applied for disability and now it has been 11 months and I haven’t heard anything back from the state.

Do I need a lawyer and how much will it cost?

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 28, 2021

Your 11 month wait for a disability decision from Social Security is about what I have been experiencing with my clients' cases since COVID. You can either call Social Security and ask about the status of your case or you can go to My Social Security and check for updates online.

I...
Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: I contracted covid and was out of work. I want to know about the ffc act Trump put out for employees who test positive.

Do you have to have PTO or are they supposed to still pay you.

Carrie Dyer
Carrie Dyer answered on Jan 27, 2021

The mandatory provisions of the Families First Coronavirus Response Act expired on December 31, 2020. Therefore, if you contracted COVID-19 and were out of work after that date, then your employer would not be required to provide paid sick leave under the Act. However, if this occurred in 2020,... Read more »

1 Answer | Asked in Health Care Law and Elder Law for Texas on
Q: If father's POA isn't responding to healthcare providers how can I get it revoked?

My father, who has previously been diagnosed with dementia/alzheimers, is recovering from covid and is having complications. He seems to be having stroke or heart attack symptoms after testing negative and the nursing home he is in isn't fully equipped to handle his recovery in my opinion. The... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 12, 2021

The only way you can obtain power of attorney to act for your father is if he is capable of giving it, and does so. A guardianship requires court action, after proof that your father is unable to make his own decisions. (BTW, "Power of Attorney" refers to the document, not the person,... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My step daughter’s mother tested positive for covid. If the child is negative does she have to stay with her?

My step daughters mother and her boyfriend tested positive for COVID. My stepdaughter who lives with them majority of the time tested negative in which my husband and I suggested she not stay with her mother if she is negative. But her mom refuses and says she will quarantine with her. She... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employer let me go after telling me to quarantine and test. Results were negative and let go day 13 of 14 quarantine.

I was informed I had been exposed to the virus. When I told employer they said go home and quarantine immediately for two weeks and get tested. After receiving negative results I contacted immediate supervisor via text. After no response I contacted the owners wife via text stating when I would be... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 30, 2020

It sounds like your employer may have violated the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act. Subject to some exceptions, employers with less than 500 employees are required to make 80 hours of paid sick leave available for full-time employees, and the equivalent... Read more »

1 Answer | Asked in Personal Injury and Social Security for Texas on
Q: I am 56 and lost my job of about 30 years because of a work injury that left me with a permanent weight restriction.

I am going to file for SSDI. Should I apply for unemployment so that I can have income while waiting to hear if I qualify for SSDI? I think I may qualify with a grid rule. I received Workman's Comp for 2 years.

Susan Michele Schaefer
Susan Michele Schaefer answered on Dec 24, 2020

Yes, you can apply and receive unemployment benefits while you apply for SSDI benefits. It is a practical approach. Be aware, however, that there is a contradiction in getting both benefits since unemployment requires you to be ABLE to work and actively look for work, and SSDI approval requires... Read more »

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