Mark Hampton Pillsbury’s Answers

Mark Hampton Pillsbury

Houston Criminal Defense Attorney.

Contributor Level 7
  1. Condo still damaged 9 months after Ike

    Answered about 5 years ago.

    1. Mark Hampton Pillsbury
    1 lawyer answer

    First you must look at your lease to see what recourse you have for Landlord default. The casualty clause is what covers if there is an accident or damage caused not due to your actions. Therein a time period should be alloted for when the damage must be estimated, repair work commenced, and all repairs complete. You must also list in writing your demands for repair and the itemized list of all malfunctions, and areas of concern or unhabitability (water, mold, leaking, pests, structural...

    1 person marked this answer as helpful

  2. Why is it illegal to make prisoners like the ones at guantanamo UNCOMFORTABLE, while the inmates in county jail in Texas are

    Answered about 5 years ago.

    1. Mark Hampton Pillsbury
    2. John M. Kaman
    3. Jonathan H Levy
    3 lawyer answers

    It is an issue of jurisdiction. The prisoners at G were prisoners of war not civil prisoners incarcerated under Texas Criminal Codes. Prison justice in Texas is governed by state law and sometimes federal law. The grievance procedure is different in state prison and often has to be p/u by federal court to make the claim of cruel and unusual punishment under the federal constitution. State standards are different than G but much of the litigation over conditions at G was about "torture" not...

    1 person marked this answer as helpful

  3. I have a 11.750 enterest on my morgage, and just got layed off. what kind of attorney can help me get a home modification.

    Answered about 5 years ago.

    1. Mark Hampton Pillsbury
    2. Frederick Alan Neustein
    2 lawyer answers

    I would contact the Dallas Bar Association. First read the website of your loan provider (ex; Wells Fargo) whoever holds your mortgage. Or you can Google "refinance" or "modify" Mortgage and there is a website under the Dept. of Treasury (Sec.'y Geithner) which deals with the economic stimulus package and what mortgage relief is included. You would have to work with a law firm that specializes in consumer law, or bancruptcy, and work with an attorney who has done this recently. But here is...

  4. I have an ongoing criminal case. Unrelated I have a civil case. If I must serve time, will I be able to testify at civil trial?

    Answered about 5 years ago.

    1. Mark Hampton Pillsbury
    2. John M. Kaman
    3. Howard Woodley Bailey
    3 lawyer answers

    I am not a NC lawyer but you will have a statute of limitations wherein the civil lawsuit must be filed. Will u be out of jail by the end of that period? Good question. It depends on what kind of criminal case you are incarcerated for? Is it a felony? I would think that ur NC Plaintiff attorney would work on a contingent fee basis and he could research what it takes to get you out of jail if you have to be there. Ask if NC law will allow you to file the suit "in absentia" which means when...

    1 lawyer agreed with this answer

  5. I have a friend who was convicted for a rape chrge he didnt do. he took the blame. but now he wants to fight this 12yr old case

    Answered about 5 years ago.

    1. Mark Hampton Pillsbury
    1 lawyer answer

    RE: Dismissal and Expungement: This case requires an experienced NY appellate attorney. First the trial transcript would be essential. What did the eyewitness say about what happened? Did the complainant (female) exactly identify the wrong person and is she available to testify now! Also, the most important fact would be was there a rape kit prepared and could there be unexamined DNA evidence which could help exonerate you! We are doing this a lot in Texas (both Dallas and Houston). Also...

    1 person marked this answer as helpful

  6. Tenant's rights when the landlord forecloses

    Answered about 5 years ago.

    1. Mark Hampton Pillsbury
    1 lawyer answer

    I am not a CA attorney, but I wd advise that you read the contract carefully. Do you have a lease? What does the lease say about your rights if Landlord defaults? You can go to the county tax department and look at records for this property to see if your "gut" reaction is correct! They are public record! If the LL kept the SD in a separate trust account which is proper in TX then you might be able to claim the SD but if he co-mingled it you might not. If it is foreclosed upon then CA...

  7. Do I need a real estate attorney?

    Answered about 5 years ago.

    1. Mark Hampton Pillsbury
    1 lawyer answer

    You need a real estate attorney who used to work as a closing attorney for a title company and is very familiar with how the county appraisal/tax collector works in your county. The county probably has some protection on how they send out the notices. It may state in law that they only have to send it to the property address. I dunno... First contact the title company. That is what they do. But it does sound like the paperwork got FUBAR. Good luck!

  8. I sold my car to someone and he was making payment he got in a accident the car got total out.Do I own him any money?

    Answered about 5 years ago.

    1. Mark Hampton Pillsbury
    1 lawyer answer

    I am not a GA lawyer, but if you held title in the asset, it belongs to you. You carried all the liability for what happened to that car whether you knew it or not. The contract is controlling. What does it say about his rights? My guess was that it was his responsibility to take care of the car and make payments. He defaulted on that contract by not making the payments as he said he would in the contract. If he was still drivning it under this contract it was voidable at any time and you...