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Questions tagged [texas]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Texas.

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9 votes
3 answers
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Are cops required by law to have "reasonable suspicion" in order to detain a person? If so, do they have to inform the detainee about the suspicion?

I was stopped while cycling on hwy 59 in Texas, about 50 miles south of Huston. Officer started asking me questions about my travels. I asked: "Have I done anything illegal? Officer: "No, but I ...
Alex Doe's user avatar
  • 534
6 votes
2 answers
17k views

Under what circumstances can the police detain you?

after watching the video about the recent fiasco in Mckinney Texas I was curious about whether any of the teens that the officer pulled over had the legal right to just walk away. Under what ...
Sam I am says Reinstate Monica's user avatar
5 votes
1 answer
5k views

Is there a recourse against UPS for not delivering packages on time?

I have a "new" address and ZIP code that appears to confuse UPS and consistently causes them to delay delivery of packages to me. I've tried filing complaints with UPS itself, but to no avail: I ...
cnst's user avatar
  • 5,068
7 votes
3 answers
478 views

Does double jeopardy apply to the Texas abortion bill?

Suppose Alice performs an abortion, and Bob files a suit based on Texas SB8. Can Charlie also file a suit against her? Could a million people file suits asking for $10k each?
Acccumulation's user avatar
6 votes
3 answers
14k views

Is following the flow of traffic a valid speeding defence in Texas?

As per the summary at http://www.mit.edu/~jfc/laws.html, Texas is one of the three states where there are no absolute speed limits -- a speed in excess of a posted limit is prima facie evidence that ...
cnst's user avatar
  • 5,068
6 votes
2 answers
3k views

Hypothetically walking the line between pornography and prostitution

Throughout this question I will reference the Texas Penal Code for concrete examples as Texas is my home state. The Texas Penal Code clarifies explicitly what is considered prostitution in the state ...
gen-ℤ ready to perish's user avatar
4 votes
3 answers
631 views

Could a prosecutor hint the jury about past dismissed cases?

In Can you present a clear record if you do Driver Safety Course in Texas?, it was determined that after taking a Driving Safety Course, a record of such action is placed upon one's driving record. ...
cnst's user avatar
  • 5,068
4 votes
1 answer
3k views

Does Texas have a legal right to leave the Union or secede?

Many people, possibly even including recent Texas governors, think that Texas has a right to secede from the Union. Does it, or does it not?
cnst's user avatar
  • 5,068
2 votes
1 answer
88 views

Can you present a clear record if you do Driver Safety Course in Texas?

It appears that speeding tickets in Texas, or at least most metropolitan areas, for example, Austin, Texas, have a standard option of a Driving Safety Course, which is allowed once a year, and will ...
cnst's user avatar
  • 5,068
2 votes
1 answer
634 views

How to do voir dire if you had taken a Driving Safety Course?

In Can you present a clear record if you do Driver Safety Course in Texas?, it was determined that after taking a Driving Safety Course, a record of such action is placed upon one's driving record. ...
cnst's user avatar
  • 5,068
2 votes
2 answers
720 views

What is the process for obtaining an anonymous internet poster's identity for a civil lawsuit?

An anonymous person can, given some effort and a minimum of expertise, ruin a person's life on the internet through defamation. (The popular method currently is to forge authentic looking screenshots ...
anonymous's user avatar
  • 731
2 votes
3 answers
2k views

Can you get Discovery on an Austin TX traffic citation before requesting a trial / appearance?

In Austin, Texas, you are given several options for an alleged traffic speed violation, which, other than the Request Trial and the Pay options, include a Driving Safety course option, and a Deferred ...
cnst's user avatar
  • 5,068
1 vote
0 answers
277 views

May I perform medical experimentation on myself without licensure?

I'm a retired cellular biologist and medical researcher whose license has been revoked, but I would like to continue a line of research with myself as my subject/patient. The research involves ...
anonymous's user avatar
  • 731
1 vote
1 answer
830 views

Am I required to render medical aid when off-duty if I am a doctor?

My family is dragging me along to a politician's ball. I'm not a very big fan of this particular group of attendees, to put it mildly, and have recently been day-dreaming of one choking while I raid ...
anonymous's user avatar
  • 731
46 votes
6 answers
20k views

Can I forbid the government from using my patented invention?

(this is a purely hypothetical situation, for literary research) I've filed a patent on a certain technology for facial recognition/analysis, and as the patent holder I want to use my exclusivity to ...
anonymous's user avatar
  • 731
18 votes
1 answer
5k views

Is it legal for a company to enter an agreement not to hire employees from another company?

Is it legal for ACME Corp to enter a reciprocal agreement with another company to not hire from their workforce. This seems like it may have ramifications for price fixing the labor market.
Evan Carroll's user avatar
  • 2,177
11 votes
2 answers
10k views

Is rent acceleration legal in Texas?

Texas Association of Realtors' Sample Lease has the following: B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in ...
cnst's user avatar
  • 5,068
9 votes
2 answers
1k views

What are the legal consequences for serving in a jury if you are not eligible because you are not a citizen?

I got a jury summons letter last week and was asked to be in court Monday. I went and was there for 5 - 6 hours deliberating with other jurors whether or not this guy should've gotten a speeding ...
Noah's user avatar
  • 341
9 votes
1 answer
2k views

Expungement of Arrest and Court Records after Death

If someone with a few criminal arrests and deferred sentences passes away, can a friend or family member have these Misdemeanor and Felony arrest records expunged on behalf of the person who passed ...
user avatar
8 votes
1 answer
2k views

Is it legal for landlord to prohibit subleasing, under Texas law?

It's quite common that plans change, and a residential lease must be broken. Of course, since one has agreed to pay the full price of the lease, they're on the hook for it, unless they can find ...
cnst's user avatar
  • 5,068
5 votes
1 answer
1k views

Is it legal to let people search for professionals by gender?

Prompted by the list of injunction demands from a recent lawsuit against Uber, I'm curious whether or not it's legal in California, Texas and elsewhere to discriminate on a profession such as a barber ...
cnst's user avatar
  • 5,068
4 votes
1 answer
151 views

What would happen under Texas civil procedure law if multiple claimants file against the same defendant for the same SB.8. incident?

According to provision 171.210 of SB.8, Texas residents may sue the defendant in the plaintiff's county of residence. So what would the procedure be if multiple suits are filed for the same incident &...
against very long user names's user avatar
4 votes
4 answers
1k views

What is the average cost of attending law school?

What if an 18 year old wanted to go to law school as cheaply as possible? How mutch could he manage it for? What about an ivy league school? What about the university of Texas? He is a dependent of a ...
Timothy Flach's user avatar
3 votes
1 answer
276 views

Is crypto legal in a weapon-free zone?

To expand on Is the right to keep and bear crypto protected by the Second Amendment?, since in the U. S. of A. crypto is considered munition (Bernstein v. United States http://export.cr.yp.to/), is it ...
cnst's user avatar
  • 5,068
3 votes
1 answer
184 views

What documents and testimony establish identity and what happens if they're lost?

Birth certificates, social security cards, and driver's licenses identify a person, but what happens if these are all lost? Say a homeless person loses all of their documents in the shuffle, what ...
anonymous's user avatar
  • 731
3 votes
2 answers
90 views

Does expungement of a case refer to online history?

When a court's expungement order stipulates that all entities with related data to the case, and data collection and data reseller companies destroy any and all records related to a case; does this ...
user avatar
3 votes
3 answers
2k views

Is it rape if someone goes by a pseudonym and gave fake facts about themselves?

Let’s say Person A, an adult male, meets Person B, an adult female online. They develop a close relationship and talk on the phone on numerous occasions, but never meet in person. Finally Person B ...
mark b's user avatar
  • 790
3 votes
3 answers
710 views

Can non-lawyers help people study law and do small claims?

Can a self-taught enthusiast in an unrelated occupation, without a law degree, without any sort of formal legal education nor bar admittance, help other people study law? What would be the ...
cnst's user avatar
  • 5,068
3 votes
1 answer
86 views

Refusing income or payment without tax liabilities

I am part of a non-profit organization that is insisting on paying me for my time. For personal reasons, this payment is more costly for me to accept than to disclaim it entirely. Is there a proper ...
Izekiel Boshat's user avatar
3 votes
1 answer
223 views

Do Texas municipalities have to go to small claims court to collect on their civil fines?

From this answer in a related question I'm told, This makes parking violations under municipal ordinances civil offenses punishable by civil fines imposed in administrative hearings before a "...
Evan Carroll's user avatar
  • 2,177
2 votes
1 answer
111 views

Vehicle owners not required to prove towing company negligence in Texas

Chapter 2308 of Title 14 of the Texas Occupations Code deals with towing and booting by towing companies. Section 2308.404(a)(2) reads "A towing company, booting company, or parking facility ...
guero64's user avatar
  • 561
2 votes
0 answers
163 views

How does a clause of reverter or "possibility of reverter" interact with the Rule Against Perpetuities?

This is a follow up to another more broad question. According to Wikipedia on the possibility of reverter, There is a possibility of reverter when an estate will return to the grantor if a condition ...
Evan Carroll's user avatar
  • 2,177
2 votes
1 answer
216 views

New manager will not accept renewed lease

Suppose thsat a tenant in Dallas Texas was sent a lease renewal form via email for the tenant's electronic signature on February 28, 2022. Suppose that the form came from the tenant's previous ...
LaTonya Mcknight's user avatar
2 votes
2 answers
169 views

Can my employer deduct from my pay check?

Recently my employer payed me a market salary adjustment. I thought it might be an error so I contacted HR. HR assured me it was my money and I was entitled to it. Now they are telling me it was in ...
Mitch's user avatar
  • 21
2 votes
1 answer
1k views

In Houston, Texas, do you need a DBA if you only conduct business in the LLC's name?

I was reading an article on Houston's local government site about starting a business. The article states: Limited Liability Company (...) files with the Texas Secretary of State. (...) This ...
Eric Seastrand's user avatar
2 votes
1 answer
1k views

Can you be shot in "self-defense" for attempting to disarm someone?

"I'd like to see you try and take my gun" is a common mantra among 2nd amendment enthusiasts, the implied sentiment being they'll kill anyone who tries, but I'm interested in what would happen if this ...
anonymous's user avatar
  • 731
2 votes
0 answers
239 views

Can you re-assign TAA lease without being liable for damages?

Texas Apartment Association (TAA) apartment lease contract has the following: 30. REPLACEMENTS AND SUBLETTING. Replacing a resident, subletting, or assignment is allowed only when we consent ...
cnst's user avatar
  • 5,068
1 vote
2 answers
5k views

Is a speeding ticket invalid if the listed speed is not what it was?

I recall reading about speeding ticket defenses in some jurisdiction in the United States or Canada that the fact that the officer "reduced" the alleged speed that he obtained through his radar and ...
cnst's user avatar
  • 5,068
1 vote
1 answer
7k views

Is a 60 day move-out notice on month-to-month lease legal? (Texas)

My 6 month lease ends July 15th and I want to move out as soon as possible. My lease agreement specifies: "After that (July 15), this lease will automatically renew month-to-month unless either ...
Thomas Kirven's user avatar
1 vote
1 answer
240 views

Should I get a lawyer after my accident?

Last Tuesday I got in an accident with a lady who is insured with GEICO. I merged into the middle lane (three lane highway in TX) I was in the lane and all of a sudden this lady who was in my left ...
Noah4343's user avatar
  • 131
1 vote
1 answer
167 views

Can you request Deferred Disposition in Austin TX after pleading Not Guilty?

Is it possible to request Deferred Disposition in Austin, Texas, on a moving violation (pdf) (2013), after having plead Not Guilty (and possibly having moved for Discovery)? Could this be done at any ...
cnst's user avatar
  • 5,068
1 vote
3 answers
1k views

what is controlling law

What if a plaintiff says that the defendant acted under a statute law and the defendant claims he acted under case law? How can people on the street later claim that their acts where founded on case ...
j. howdee's user avatar
  • 125
1 vote
2 answers
183 views

How long do restrictive covenants apply on property willed to the state?

If I devise real property to the state of Texas in my will, and it specifies that the homeless can not be evicted on the property, how long will that restriction apply for? Assume the state accepts ...
Evan Carroll's user avatar
  • 2,177
1 vote
1 answer
421 views

Can you contest a parking citation in Houston and get a jury trial?

I've always wondered aside from a "hearing" to contest a citation, as described here is there any way to get an actual Jury Trial for a parking citation? There is a mention of an appeal if ...
Evan Carroll's user avatar
  • 2,177
0 votes
3 answers
1k views

Car insurance claim was denied, what are my options...?

I got into an accident two months ago with a driver who was insured by GEICO. I got a call from them yesterday saying there was no way to prove who was at fault and that they are denying my claim and ...
SkywardSword's user avatar
0 votes
1 answer
126 views

Contract Date Vs Date of Possession

If all the paperwork to purchase a certified pre-owned car in TX is negotiated, signed & dated by the buyer and dealership. However, the buyer was not given physical possession of the vehicle ...
user avatar
-1 votes
2 answers
540 views

May I legally work in a restaurant with typhoid if the employer knows?

I contracted Typhoid while visiting family in Central America for a funeral. I work minimal wage at a restaurant/arcade preparing food, and cannot afford to miss work. My boss will not allow me paid ...
anonymous's user avatar
  • 731
-2 votes
1 answer
450 views

I was banned from a roller rink for something I didn’t say

I was accused of using profanity to an employee at a roller rink when I never called her names. The owners daughter told me “You’re banned forever!” Can I still show up if she’s not the owner?
Jasmine's user avatar
-3 votes
4 answers
143 views

Does Texas S.B. 8 actually "ban abortion"? [closed]

Note: I voted to close my own question. I agree, the way I asked it was too opinion-based. I've not read the Texas statute exhaustively, but as far I understand, it is not a criminal statute. ...
Burt_Harris's user avatar
  • 1,769