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1 Answer | Asked in Immigration Law for Texas on
Q: Application for Citizenship

I missed an interview for citizenship coz of health conditions and sent my hospital information to USCIS office in Fort Worth. I have waited for more than 3 years now for another interview and still get same information on my the status that a letter will sent with information regarding the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 8, 2021

Three (3) years is way too long to reschedule a NATZ interview that was cancelled for a legitimate reason. I suggest you have an attorney contact USCIS and suggest that you may file a federal lawsuit if action is not taken on your file.

1 Answer | Asked in DUI / DWI for Texas on
Q: How does a DWAI conviction in New York affect my Texas driver’s license. Will my Tx license be suspended??

My case is currently being pleaded down to DWAI, in New York, that is a traffic violation w/a BAC of .07. Texas does not have an equivalent. My New York attorney is unable to council me on how it will affect the Texas driving privileges.

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 6, 2021

In both New York and Texas, a DWI can mean that the driver is legally intoxicated, with a blood alcohol content of at least 0.08 percent. Under NY law, DWAI means "driving while ability impaired, either by drugs or, in your case, by ingestion of alcohol which results in a BAC (blood alcohol... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I BELIEVE MY 4TH AMENDMENT CIVIL RIGHGS WERE VIOLATED I HAVE A FELONY CHARGE AS A RESULT

he was my x brother in law he told me to step out of the vehicle patted me down then stuck his hands in my pockets then searched my vehicle i had a cigarette pack and he snatched it from me and found drugs inside the pack he had no reason to do any of this other than to harass me because we never... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 6, 2021

Well, if your ex-brother-in-law didn't have a legal reason to pull you over, then your rights may well have been violated. Even if he had reason for the stop, if you didn't consent to the search of your vehicle and he had no probable cause independent of consent, again, you may have a... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: Why would a settlement from an auto accident, not caused by me, have the medical bills deducted from the amount?

It was a year ago. I had to hire an attorney after realizing this couldn't be handled with just insurance companies. My car was totalled, I haven't had a car since, for some reason my GAP Ins would pay in full so now I owe Ford more money each month, I have medical bills from the... Read more »

Ard Ardalan
Ard Ardalan answered on Oct 6, 2021

You should contact your attorney to have him/her explain every settlement deduction, as deducting medical costs is normal practice in personal injury settlements. The medical bills were likely used to prove up your case and that is one of the types of damages that was recovered. The medical bills... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: I was driving my friends car and hit another car that ended up killing someone and now I’m being sued do I need a lawyer
Ard Ardalan
Ard Ardalan answered on Oct 6, 2021

You need to contact: (1) your insurance company, (2) your friend's insurance company, and (3) avoid speaking with anyone else about the case or posting about it on the internet. Either your insurance or your friend's will provide you with an attorney.

Disclaimer: I am not your...
Read more »

1 Answer | Asked in Traffic Tickets for Texas on
Q: If I hot stopped because the officer said I didn't have a seat belt and I don't sign ticket do I go to court

Is my ticket dismissed? What happens if he writes refusual?

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 6, 2021

Yes, you have to go to court. The ticket is issued to you in lieu of your being taken into custody. Your signature acknowledges this. Your refusal could have resulted in your being taken into custody. In this instance, he wrote refusal as "his notes" to indicate that he... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a Class A misdemeanor (theft) charge be enhanced to a 3rd or 2nd degree felony. For a repeat habitual offfender?

Individual has been to prison X2 for theft and a fraud crime and numerous small thefts . His lawyer keeps telling him they can do this but I can't find no where in the law books were such is alowd asept for a dwi

John Cucci Jr.
John Cucci Jr. answered on Oct 5, 2021

Hi:

Your question can be generally answered but I would need to see the "charging instrument" or Information, to give solid legal advice. Nevertheless, Misdemeanor crimes can have the sentenced enhanced or extended through Chapter 12 of the Penal Code of Texas. Thus, if you have...
Read more »

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: If I already sign a mediation but I have not gone to court yet. Can I have another mediation?
Tim Akpinar
Tim Akpinar answered on Oct 5, 2021

A Texas attorney could advise best, but your post remains open for three weeks. It could depend on what you signed. As a GENERAL practice nationwide, mediations tend to be non-binding. But it would be best if you carefully read (or reviewed with a Texas attorney) the terms of what you signed. If it... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: How can I sue a hospital for medical negligence?
Tim Akpinar
Tim Akpinar answered on Oct 3, 2021

A Texas attorney could advise best, but your post remains open for three weeks. The description provided here is very brief, but your first step could be to reach out to med mal attorneys. You would need to demonstrate that the hospital breached a duty of medical care. If you contacted law firms... Read more »

1 Answer | Asked in Health Care Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can you sue for denying access to health care if laws enable unvaccinated people to overwhelm hospitals?

Just a thought experiment, but needed to be asked. Understandably, it would be difficult for a private citizen to file suit against the hordes of unvaxed choking the health care system, much like the novel SB8's workaround. While I understand the concept of sovereign immunity, I still... Read more »

Leroy Scott
Leroy Scott answered on Oct 2, 2021

It’s all a big giant scary mess. I cringe every time I see political leaders on TV saying parents, the vast majority of which are not virologists and probably do not even own microscopes, should decide whether vaccines are in the best interest of their children. What if parents decide they should... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: If a trust excludes someone from being a trustee can they inherit the trust?
Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2021

You can design your trust so that a beneficiary of your estate is excluded from being a trustee, yes.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: In a descendant's trust can it be left to a descendant's spouse?
Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2021

You can do that intentionally when designing your estate plan, yes.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: What does it take to change names on a deed?

My son is buying a condo. After he closes, I want to give him half the down payment in exchange for half ownership. What will be required?

Anthony M. Avery
Anthony M. Avery answered on Oct 1, 2021

He will have to execute a Deed to you for a one/half interest as a tenant in common.

But apparently it will be subject to a security interest, and the lender might exercise a due on sale clause for foreclosure. Hire a competent attorney prior to the condo purchase. You might be better...
Read more »

1 Answer | Asked in Products Liability and Small Claims for Texas on
Q: Who do i message about the Johnson and Johnson conditioner and shampoo. If i want to sue for significant hair loss.
Tim Akpinar
Tim Akpinar answered on Oct 1, 2021

A Texas attorney could advise best, but your post remains open for two weeks. You could go online to find out whether there are current and pending actions involving the product(s), and whether law firms are accepting clients. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury, Traffic Tickets and Car Accidents for Texas on
Q: I was at fault for an accident in the time my insurance lapsed. Now the other person's lawyer is asking for compensation

I recently moved and my insurance sent a letter to my old house saying that my policy was going to end soon. I didnt know this since I was at a new house and they didnt call nor email. During my accident I didnt stop in time at a stop light and rearended the person in front of me. I got cited for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 29, 2021

Contact an attorney in whatever state you moved from who can tell you what the law is on cancellations. Save the paperwork you got that was forwarded. Postmarks are key--sometimes, insurance companies being cheap, they hold their mail for a few days for a bulk rate. That means if the letter was... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: How do I make insurance pay for a rental car?

I was in a multiple car collision and was not found at fault. The at fault insurance is refusing to pay for my rental car while parts are on backorder. They say they only pay for rental car while the car is actively being repaired. However with the missing parts the car is undriveable. I'm... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 29, 2021

First, look for a better rental deal. Secondly, get them to put in writing that they only cover it while the car is being "actively repaired." Get a letter from the dealer saying they are ready to repair except waiting for parts. Send that to them. Then contact the Consumer division of... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: Will a surgery cause my father to loose his job and will the company be able to pay for part of the expense?

My father got a hernia with working at the refinery right now hes needing surgery for it, if he advises the company that hes going to get surgery because of the hernia he recieved working there will he have a chance of loosing his job and is there a way for the company to help with part of the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 29, 2021

A Texas attorney could advise best, but your question remains open for two weeks. If your father was injured in the course of employment, he should reach out to workers' comp attorneys. In such settings, workers' comp insurance should cover medical expenses and lost wages. Your... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Sexual Harassment for Texas on
Q: Can s1 like code compliance just go into yr property with only a search warrant and remove yr personal property ???
Peter N. Munsing
Peter N. Munsing answered on Sep 29, 2021

Personal property may not be removed without a search warrant. Personal property such as cars that have not been moved may violate local ordinances. They can be removed once the owner has received notice to remove, and there has either been a hearing or the person has not responded. If it was... Read more »

1 Answer | Asked in Contracts and Intellectual Property for Texas on
Q: This patent was invented by my father. He is deceased. What happens to the patent?

His old job “Circuit Image Systems” is shown on the patent but they seem to be closed. John Leon is co inventor and I cannot find him.

Kathryn Perales
Kathryn Perales answered on Sep 29, 2021

If you are referring to patent 6445969, inventors Jim Kenney and John Leon, this patent has expired and is now in the public domain. If you look it up on Google patents, you can see the details.

1 Answer | Asked in Military Law for Texas on
Q: I feel like I was wrongly denied the $100,000 Lang disability benefit, do I have any recourse legally

I am a former LANG guardsmen who deployed with the LA guard and was awarded by the VA 100% permanent and total disability for PTSD arising from my deployment and I was denied the $100,000 benefit.. what can I do to follow up about this?

Gregory M. Rada
Gregory M. Rada answered on Sep 27, 2021

I recommend contacting a lawyer that handles VA disability appeals. I assume you are seeking an earlier effective date for your 100% P&T disability, but it is unclear from your question.

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