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1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: I want to sue the state for not protecting me against family violence and abuse . I have videos never able to use .

Deformation of character . Protection of a abuser as they made me lose jobs ect . Videos never able to enter.

Was told it’s not abuse to make me lose everything . Control of finance and able to support myself is abuse . He wanted to see me homeless or take him back .

Using the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 12, 2021

If you want to sue the state regarding a law enforcement issue then you should consult an attorney who files Section 1983 civil rights cases in federal court.

1 Answer | Asked in Criminal Law for Texas on
Q: Indictment ona 3rd deg felony in Burnet county: Untrue enhancement due to a prior that was never comitted by the defen

Nor is there an existing cause number as stated in the indictment notes as reason for enhancement. Also no judges signature or county info on the indictment. Indictment received in the mail at the address where alleged victim resides also the defendants residence, but there is a protective order... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 12, 2021

I'm not sure what your question is but the prosecution will have the burden of proving the enhancement paragraphs.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Q: If a homeowner passes & the heir does not claim the home or pay taxes can a neighbor acquire through adverse possession

The previous homeowner passed 4 years ago and the home has remained empty. The next of kin have shown no interest in the property. Can a neighbor care for the property (agricultural and house) and become the owner using an adverse possession claim?

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

Yes, if you hold it exclusively for long enough. The minimum period in this situation would be 10 years.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My ex bought a dog 3 years ago and didn’t pay him off, so now his in collection. What can I do to legally make him mine.

I just found out that his in collection because he never paid the dog off. I’ve been taking care of “our” dog for the past year. I will pay what he owes but I want to put the dog under my name. I don’t want to give up the dog. What can I do to get custody?

Teri A. Walter
Teri A. Walter answered on Aug 11, 2021

It sounds like you already have "custody." What you want is ownership. Write up a simple agreement that he is selling you the dog in exchange for you paying off what he owes to the seller.

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I am renting to own a house the owner wants me to pay the taxes every year is that right

I’m renting to own a house for 10 years but the landlord wants me to pay the taxes and I’m having to totally remodel the house because it was gutted just wondering is that how it’s supposed to be or is he responsible for the taxes until I own it

Teri A. Walter
Teri A. Walter answered on Aug 11, 2021

The answer entirely depends on the terms of your contract. Take it to a lawyer for review.

That being said, there are very few "rent to own" deals where someone isn't getting ripped off. Sometimes it's the "seller," sometimes it's the "buyer."...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can an Officer make you get out of your car, search, and question u when your windows are covered and you're asleep
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

An officer can investigate a person sleeping in their car to make sure they are safe and not in medical distress but they shouldn't be searching without consent unless they saw or smelled something during the initial investigation that indicated a crime.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Midland county. Arrest 06-19. Misdmeanor. Dismissed and Bond returned 09-20. ARRESTED on same case 08-21. false arrest?

Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Was pulled over for a traffic violation, asked to step out of the car, asked if he could search the vehicle

the answer was NO He did anyways was arrested unlawfully and was illegally in jail for over a month till someone advocated for me and had all the charges lifted. A very painful agonizing ordeal for many, what do I do now? Can I file a civil suit against the department against the county against the... Read more »

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

You should consult an attorney who takes FEDERAL civil rights cases under Section 1983.

From a criminal law perspective, the severity of policy mistakes that could result in a prosecutor dismissing a case is lower than the severity of police mistakes necessary to justify a ruling against...
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: How do I answer a lawsuit? I am being sued for an accident but my insurance company has settled with the plaintiff.
Katie Marie Charleston
Katie Marie Charleston answered on Aug 9, 2021

Were you served after the settlement? You should contact your insurance company and find out what happened so that you can be prepared for whatever additional case has been filed. If you have not been served and the case has settled, the insurance company should ensure the lawsuit is dismissed for... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Husband has pretrial coming up the 25th all 3 charges are misdemeanors.Hes been locked up since July 1st

What are the chances he will get time served? They are giving 2 for 1 and he does have to be reinstated on his probation which he had six months left on that

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

There is no way for attorneys who are unfamiliar with your husband's cases to have a clue whether he will get time served or serve a 1 year jail sentence. You haven't even told us what the charges are. The truth is, any lawyer who could know the answer to your question would be burned as... Read more »

1 Answer | Asked in Divorce for Texas on
Q: When applying for an adult legal name change, is the “legal name” requested, the name reflected on the SS card

SS card currently reflects 1st name, middle initial and married name. I’m divorced and requesting to change my name back to 1st name, middle name and maiden name. Ive recently updated my drivers license to what I’m petitioning for.

Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

Not necessarily, though it would be preferable to have them match. Your legal name is what is on your birth certificate, as modified by marriage or a prior name change.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: I have been caring and boarding two big dogs for over a year, the owner has only visited once. He is now refusing

To pay for the boarding fees, food costs. Do i have to surrender the poor dogs that he cant afford to feed? Can i claim ownership now that they are abandoned? There's been no communication for 3 months. What is the holding period in Texas?

Am i allowed to refuse to return his dogs... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

They aren't legally just "abandoned," but under Texas Property Code Section 70.003, you have a lien on the dogs for the amount of the charges for their care, and can hold them until the charges are paid. To be able to sell them, you must comply with Section 70.005, and give notice... Read more »

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Texas on
Q: I'll shorten down my question that I asked earlier should I file for a quit claim deed playing adverse poss or what?

I just want to be able to have a place to lay my head I don't need a lot I don't care if I have to go without electricity or water this is all I have left of my family is this house all my family's deceased I've either buried or cremated 98% of my family in the last 10 years I... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

It sounds like you are having difficulty paying the mortgage and are trying to avoid foreclosure. A quit claim deed won't help in that situation (it doesn't even convey the land in Texas, and should virtually never be used).

An adverse possession claim is a way of acquiring...
Read more »

1 Answer | Asked in Civil Rights for Texas on
Q: Misconduct by trial judge in houston Civil law suit
Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

Sorry, without some facts, it's impossible to provide a helpful comment.

2 Answers | Asked in Family Law, Adoption, Antitrust and Appeals / Appellate Law for Texas on
Q: How do I file my evidence in appeallant federal court if my Attorney's not responding nor submitted ever
Charles William Michaels
Charles William Michaels answered on Aug 9, 2021

First, I am not a Texas attorney. That being said, generally there is no evidence presented at the appellate level. The case proceeds from a final judgment of the trial court and whatever evidence was presented there.

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2 Answers | Asked in Criminal Law for Texas on
Q: My son is under investigation for aggravated assault and cop keeps calling wanting me to take him for fingerprints.

He was defending himself and the girls he was with as this kid was going around the park bullying and assaulting girls. Touching them. My son who is 14 told them to back off multiple times and he shoved my son who in turn punched him. The kid ran to his dad who called the cops because he said my... Read more »

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

Stop talking to the detective and have a private consultation with a criminal defense attorney who practices law in the county where the fight occurred... not just any criminal defense attorney, but one who has experience with juvenile cases because they follow different procedures.

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2 Answers | Asked in Criminal Law for Texas on
Q: My husband is charged with aggravated assault of a family member, he has a lot of mental health issues he needs help

He needs an attorney that will fight to get him mental health help and not being institutionalized because that will do nothing to help him. He has no money and lost his job because of it. I’m not sure what to do because I’m the victim and he cannot have contact with me. His court appointed... Read more »

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

Nobody ever ACTUALLY works for free in any line of work. You can't even mow a yard for free. If you are not being paid for work then you are diverting resources from somewhere else in your life to cover your time and expenses.

Properly defending a second-degree felony charge is...
Read more »

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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Texas on
Q: What can be done about a city ordinance that is in violation of the state constitution and federal law?

If enforcement of ordinance would directly violate 1st Amendment

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

A Texas attorney could advise best, but your post remains open for two weeks. Ordinances could be challenged on constitutional grounds in the course of their development, while in committees or floor debates. Ordinances are also sometimes challenged in the course of actual cases that challenge... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Someone called in and said that there was a blonde female in the car doing drugs

Nobody was doing drugs there is only a female asleep and she was not blond the police found a needle in the vehicle that was used but the female was nowhere near the needle where they found it in the the vehicle was not hers can they charge her with possession

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2021

You can be charged with any offense that an officer believes you committed but you can only be convicted if the prosecutor can prove every element of the offense beyond a reasonable doubt.

The cops have a "community caretaking" role that is separate from their law enforcement...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My repo man attacked me and I didn’t threat or attack or try to block or stop him he already had my truck he came back

And said I stole his phone he dropped the phone in my yard attacked me and my husband

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2021

The use of force may be legally justified to prevent theft or to prevent escape after a theft. However, if he was mistaken and had simply dropped his phone then there was no theft and his use of force was not justified. In that scenario, it sounds like the repo man committed the crime of Assault... Read more »

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