Thứ Ba, 22 tháng 12, 2009
Recent Famly Law Change: No Written Designation by Child
The Texas Legislature made many revisions to the Texas Family Code during the 81st Legislative Session. Formerly, children age 12 and older could file a written designation stating which parent he or she would prefer to live with. While this preference was not binding on the court, the judge would consider it among other factors. Under the recent changes to the Family Code, if the child wishes to express a preference, the child must speak to the judge in chambers rather than submitting a written designation.
Adverse Possession under the Texas Five-Year Statute
This blog entry is the third of a series related to adverse possession. Adverse possession is a legal principle under which someone can acquire ownership of real property that belongs to someone else. It is a form of “involuntary conveyance.”
The second shortest period for a claimant to assert adverse possession over real property under Texas law is five (5) years. In order to qualify for adverse possession under Section 16.025 of the Texas Civil Practice and Remedies Code, the claimant must:
* actually and visibly appropriate the property (in other words, take possession of the property in such a way that it is open and obvious);
* possess the property in a manner that consistently and unmistakably indicates the claimant asserts exclusive ownership to the property; and
* use or possess the property peacefully, but without the owner’s permission (in other words, scaring the owner off with a shotgun is not allowed), including:
(1) cultivating, using, or enjoying the property;
(2) paying applicable taxes on the property (before they become delinquent); and
(3) claim the property under a duly registered deed.
This statute does not apply in cases where a deed is forged or was executed under a forged power of attorney. It also does not apply to a “quitclaim” deed, a deed that is void on its face (because it fails to meet the legal requirements for a deed), or one obtained through fraudulent or dishonest practices. Interestingly, though, if the claimant obtained a deed that appears valid on its face and that was properly recorded, he could claim adverse possession even if the deed was executed by someone who had no actual title to or right to claim ownership to the property. For example, if you received a deed from Tom Jones which appeared to be valid, and you recorded that deed in the county’s real property records, you could assert adverse possession after five years (provided you met all of the other factors) even though Bob Smith was the real owner of the property.
There are several other statutes in the State of Texas which describe what factors must occur before a claimant can obtain title through adverse possession. As a result, adverse possession is a complex legal issue, and we strongly suggest that you seek the advice of an attorney (preferably someone versed in the litigation process, as well as real estate law) if you are confronted with either the need to assert or defend against a claim of adverse possession.
The second shortest period for a claimant to assert adverse possession over real property under Texas law is five (5) years. In order to qualify for adverse possession under Section 16.025 of the Texas Civil Practice and Remedies Code, the claimant must:
* actually and visibly appropriate the property (in other words, take possession of the property in such a way that it is open and obvious);
* possess the property in a manner that consistently and unmistakably indicates the claimant asserts exclusive ownership to the property; and
* use or possess the property peacefully, but without the owner’s permission (in other words, scaring the owner off with a shotgun is not allowed), including:
(1) cultivating, using, or enjoying the property;
(2) paying applicable taxes on the property (before they become delinquent); and
(3) claim the property under a duly registered deed.
This statute does not apply in cases where a deed is forged or was executed under a forged power of attorney. It also does not apply to a “quitclaim” deed, a deed that is void on its face (because it fails to meet the legal requirements for a deed), or one obtained through fraudulent or dishonest practices. Interestingly, though, if the claimant obtained a deed that appears valid on its face and that was properly recorded, he could claim adverse possession even if the deed was executed by someone who had no actual title to or right to claim ownership to the property. For example, if you received a deed from Tom Jones which appeared to be valid, and you recorded that deed in the county’s real property records, you could assert adverse possession after five years (provided you met all of the other factors) even though Bob Smith was the real owner of the property.
There are several other statutes in the State of Texas which describe what factors must occur before a claimant can obtain title through adverse possession. As a result, adverse possession is a complex legal issue, and we strongly suggest that you seek the advice of an attorney (preferably someone versed in the litigation process, as well as real estate law) if you are confronted with either the need to assert or defend against a claim of adverse possession.
Thứ Ba, 15 tháng 12, 2009
Bexar County Judges' Influence and Power Extends Far Beyond Courtroom
Judges play key roles outside of court
Did you know that when you cast votes for criminal and civil district judges, you also have a hand in how Bexar County selects its purchasing agent? Or that, with those same votes, you're lending voice to how the county's juvenile probation and detention systems are run?
If you didn't know that, then last week's fracas involving judges' selection of a new chief adult probation officer probably came as a surprise, too.
Most Bexar County residents won't be directly affected by the judges' administrative work, but the jurists' noncourtroom duties matter if you care about how taxpayer money is spent and how criminal justice and rehabilitation is managed.
The process for picking a new chief probation officer came under scrutiny last week because of concerns the panel violated the Open Meetings Act when it offered the job to Jesús Reyes, interim chief of the Cook County probation office in Illinois.
Judges are expected to meet today to officially finalize their selection of Reyes to head the adult probation office.
According to Melissa Barlow Fischer, general administrative counsel for the criminal district judges, the group includes nine felony criminal judges, 13 misdemeanor judges and three juvenile judges.
And about six years ago, the job description for the county's purchasing agent was spotlighted and changed after concerns were raised about the office's dismal record of contracting with small and minority-owned businesses.
For most matters, though, the judges do this work mostly out of the public consciousness. It is, no doubt, yeoman's work that would put most of us to sleep. But unless someone's figured out how to count money with their eyes closed, it's worth paying attention.
Not unlike a school board, the judge panel that oversees the juvenile probation system sets the department's policy and direction and also hires the chief of juvenile probation. With the adult probation office, judges approve budgets and hire the directors but leave the policy and direction to the department's respective administrators.
The purchasing board has similar oversight and is made up of three judges and two county commissioners.
The juvenile board is composed of the county judge and 25 district judges. Today, the courts — and the board — add one to their ranks with the expected swearing in of Lori Valenzuela to the 437th District Court.
Outside of their courtroom work, participation on the juvenile board easily is the judges' biggest responsibility, made so decades ago by the state Legislature.
With an annual budget of about $41 million, the juvenile probation department in 2008 managed 7,136 young offenders, providing services to children and families who are referred into the system.
Most of the adult probation office's funding comes from the state, plus roughly $231,000 allotted by the county.
The purchasing office, meanwhile, receives nearly $1.2 million from the county's general fund and is responsible for all “procurement” services.
All of it, a far cry from the courtroom.
Veronica Paniagua-- San Antonio Express News
Did you know that when you cast votes for criminal and civil district judges, you also have a hand in how Bexar County selects its purchasing agent? Or that, with those same votes, you're lending voice to how the county's juvenile probation and detention systems are run?
If you didn't know that, then last week's fracas involving judges' selection of a new chief adult probation officer probably came as a surprise, too.
Most Bexar County residents won't be directly affected by the judges' administrative work, but the jurists' noncourtroom duties matter if you care about how taxpayer money is spent and how criminal justice and rehabilitation is managed.
The process for picking a new chief probation officer came under scrutiny last week because of concerns the panel violated the Open Meetings Act when it offered the job to Jesús Reyes, interim chief of the Cook County probation office in Illinois.
Judges are expected to meet today to officially finalize their selection of Reyes to head the adult probation office.
According to Melissa Barlow Fischer, general administrative counsel for the criminal district judges, the group includes nine felony criminal judges, 13 misdemeanor judges and three juvenile judges.
And about six years ago, the job description for the county's purchasing agent was spotlighted and changed after concerns were raised about the office's dismal record of contracting with small and minority-owned businesses.
For most matters, though, the judges do this work mostly out of the public consciousness. It is, no doubt, yeoman's work that would put most of us to sleep. But unless someone's figured out how to count money with their eyes closed, it's worth paying attention.
Not unlike a school board, the judge panel that oversees the juvenile probation system sets the department's policy and direction and also hires the chief of juvenile probation. With the adult probation office, judges approve budgets and hire the directors but leave the policy and direction to the department's respective administrators.
The purchasing board has similar oversight and is made up of three judges and two county commissioners.
The juvenile board is composed of the county judge and 25 district judges. Today, the courts — and the board — add one to their ranks with the expected swearing in of Lori Valenzuela to the 437th District Court.
Outside of their courtroom work, participation on the juvenile board easily is the judges' biggest responsibility, made so decades ago by the state Legislature.
With an annual budget of about $41 million, the juvenile probation department in 2008 managed 7,136 young offenders, providing services to children and families who are referred into the system.
Most of the adult probation office's funding comes from the state, plus roughly $231,000 allotted by the county.
The purchasing office, meanwhile, receives nearly $1.2 million from the county's general fund and is responsible for all “procurement” services.
All of it, a far cry from the courtroom.
Veronica Paniagua-- San Antonio Express News
Thứ Sáu, 4 tháng 12, 2009
Police brutality, we can help
The Baez Law Firm, P.C. has been helping injured Texans for years. We have helped individuals who have been tased by policy for no reason and we have helped families that have been devastated by police wrongful actions.
Many times, there is no monitoring agency that supervises the actions, specially the wrongful actions of cops and those who go above the law. You have constitutional rights that should not be violated, specially by police.
Our lawyers litigate cases all through Texas, Florida and other states. If you have been injured by wrongful actions of police, give us a call or visit our website. Police brutality happens, don't be a victim of it without asserting your civil rights. Let us help you.
Please, if you have an encounter with police, do not be an aggressor. Two wrongs don't make it right. Let us help you in court, not with violence. Our lawyers are here for you.
Many times, there is no monitoring agency that supervises the actions, specially the wrongful actions of cops and those who go above the law. You have constitutional rights that should not be violated, specially by police.
Our lawyers litigate cases all through Texas, Florida and other states. If you have been injured by wrongful actions of police, give us a call or visit our website. Police brutality happens, don't be a victim of it without asserting your civil rights. Let us help you.
Please, if you have an encounter with police, do not be an aggressor. Two wrongs don't make it right. Let us help you in court, not with violence. Our lawyers are here for you.
Thứ Tư, 2 tháng 12, 2009
Drug Possession Charge in New Jersey: Penalties and Defense
New Jersey has some of the toughest laws on drug possession, use, and distribution. While some other states are softening their stance on drugs, New Jersey refuses to do so. As a result, those found in possession of illegal drugs may face criminal charges, fines, and/or jail. A conviction could affect the rest of their lives. Anyone charged with drug crimes should call an attorney and learn their options for fighting the charges or negotiating a plea for a lesser charge as soon as possible.
Determining Drug Charges
The penalties for possession of drugs varies depending on the type and amount of drugs found in ones possession. These charges can be heard in either Municipal or Superior Court depending on the type and quantity. The resulting charges can vary from possession, possession with intent to distribute, distribution, or trafficking. There are certain drugs that draw harsher penalties no matter what the quantities. Those drugs include methamphetamine, heroin, and crack. Marijuana, on the other hand, is considered less dangerous and usually results in a lesser charge if in possession of less than 50 grams.
Possession Penalties
The penalties for possession of various drugs depends on the type of drug and the quantity of the drug found on a person. Depending on the degree of the crime of the crime charged the following penalties generally apply:
- 1st Degree – Term of imprisonment for a period of 10 years to 20 years. Fines not to exceed $200,000.00.
- 2nd Degree - Term of imprisonment for a period of 5 years to 10 years. Fines not to exceed $150,000.00.
- 3rd Degree - Term of imprisonment for a period of 3 years to 5 years. Fines not to exceed $15,000.00.
- 4th Degree - Term of imprisonment for a period not to exceed 18 months. Fines not to exceed $10,000.00.
- Disorderly persons offense – Term of imprisonment for a period not to exceed 6 months. Fines not to exceed $1000.00.
Additional Penalties
In addition to the standard penalties for possession of illegal drugs, there are additional penalties for possession in certain locations. If a person is found in possession of drugs within 1,000 feet of an elementary or secondary school zone, their penalties can be increased up to $150,000 and their jail terms can be extended and will include a mandatory period without parole.
In addition, anyone found guilty of drug possession faces losing their driving privileges or having them postponed for a mandatory period of not less than 6 months or more than 2 years.
Conviction for use or possession of drug paraphernalia can result in mandatory fines of up to $1,000, a mandatory loss of driving privileges for up to 2 years and 6 months in jail.
Conclusion
New Jersey has stiff penalties for drug possession, with even tougher penalties for those who possess large quantities with the intent to distribute those drugs. It is important to obey the law by avoiding drugs. However, anyone who is arrested and charged with any drug offense should consult an experienced criminal defense attorney to protect your rights. An attorney can determine if there are mitigating circumstances and/or grounds to have those charges dismissed or reduced. Remember a conviction can result in adverse consequences that will follow the rest of your life.
Tags: drug possession penalties,drug possession charge in new jersey,new jersey drug possession,find lawyers,attorneys,law firms,legal news,articles,law resources,legal directory,criminal attorneys, criminal lawyers,criminal defense lawyer,criminal defense attorney,criminal law,criminal law lawyer,criminal law attorneyTo Consent or Not to Consent? Why Allow the Police to Search Your Vehicle?
A question I have always wondered is why so many people voluntarily consent to a search when asked by a police officer. So, for all of you wondering whether you should voluntarily give consent to search, my short answer is NO.
Tags:consent to police search,police search and seizure,searched at police stop,find lawyers,attorneys,law firms,legal news,articles,law resources,legal directory
I don’t know how many clients that I have had who gave voluntary consent to search their vehicle who (either known or unknown to them) had contraband in their possession. Even if you know YOU didn’t put anything illegal in your vehicle, you can’t possibly know what your passengers had in their possession when they got into your vehicle or if they left anything when they got out of your vehicle. That is why I say unless you are going to search each and every passenger NEVER VOLUNTARILY CONSENT TO A SEARCH.
Often when I ask my clients why they consented to a search they inevitably tell me that they just wanted to cooperate and the officer would have searched them anyway. My first response is "why would you want to help someone find a reason to arrest you?" My second is refusing a search is within your rights and a warrantless search is per se unreasonable unless it meets one of the exceptions to the rule (which are too complex to list for the purposes of this article). However, if you voluntarily consent, no search will be seen as unreasonable.
Another thing to consider is if the officer has pulled you over for say speeding and wants to search your car, the officer can not keep you there for an unreasonable period of time while requesting a search warrant if it has nothing to do with what the officer pulled you over for.Tags:consent to police search,police search and seizure,searched at police stop,find lawyers,attorneys,law firms,legal news,articles,law resources,legal directory
JUDGE WATCH: Former Dallas Judge and TYC Ombudsman Faces Felony Indictment
In the 1990s, Catherine Evans sat as a state district judge here in Dallas County. Maybe you remember her from her days on the bench.
Maybe you know her as the chosen "ombudsman" for the Texas Youth Commission (TYC) -- a couple of months ago, Gov. Perry named Cathy Evans as the person responsible for insuring that minors confined in the state's juvenile facilities were kept safe. (In between these two stints, Evans served as a commissioner of the Texas Juvenile Probation and on both the Dallas County Juvenile Advisory Board and the TYC Advisory Board.)
And that's where the story starts to get strange. Really, really strange.
Keeping kids safe who are under the lock and key of the Texas Juvenile Justice system is important, and it's scary to think how often these children are NOT safe while in the state's care.
Back in March 2007, there was a national scandal surrounding the Texas Youth Commission -- and the entire TYC Board was forced to resign as a growing number of criminal allegations were being made against Commission staff, and media reports were escalating about the improprieties within the juvenile correctional system. It was a Major. Big. Deal.
Part of the TYC Fix was the Appointment of an Ombudsman
The number of stories of the 2007 abuses in the care of minors in Texas lockups is simply too numerous to mention here. It was amazing in its horror, and the description that the system was in "shambles" was not an exaggeration.
So, when the Ombudsman position was created, it would seem like the Head of the Cavalry had been identified. In this job, Catherine Evans was to investigate complaints and problems within the juvenile lockups. You can almost see one of those "The Buck Stops Here" placards on her desk, right?
So, What's the Ombudsman Doing Allegedly Smuggling a Knife, a Cellphone, and Drugs into a TYC facility?
According to the felony indictment, Ombudsman Evans was found trying to smuggle a knife, a cellphone, and prescription drugs into the TYC unit in Crockett, Texas. Officially, she is charged with "possession of a prohibited item in a prison facility" and if convicted, she faces 2 to 10 years imprisonment.
Remember now: Cathy Evans was a state district judge for several years before being appointed to this job by Gov. Rick Perry. What the heck is going on here?
Evans has denied any wrongdoing. She agreed to resign and her replacement will be named "as soon as possible," according to the Governor's Office.
And, it's being reported that the knife was a Swiss Army Knife; the cellphone was hers; and the "white powdery" substance found in a vial in her purse that tested positive for amphetamines turned out to be dish washing detergent.
Sounds like she was just lax in checking out her bag before going into the facility, right? Except it's STILL a felony to bring this stuff in, she's not in a position to claim ignorance (if that was an excuse, which it's not), and she's still gonna face felony charges.
Texas judge. Felony. Wonder if the newspapers re-use the same headlines, and just change the name, to save time these days?
Maybe you know her as the chosen "ombudsman" for the Texas Youth Commission (TYC) -- a couple of months ago, Gov. Perry named Cathy Evans as the person responsible for insuring that minors confined in the state's juvenile facilities were kept safe. (In between these two stints, Evans served as a commissioner of the Texas Juvenile Probation and on both the Dallas County Juvenile Advisory Board and the TYC Advisory Board.)
And that's where the story starts to get strange. Really, really strange.
Keeping kids safe who are under the lock and key of the Texas Juvenile Justice system is important, and it's scary to think how often these children are NOT safe while in the state's care.
Back in March 2007, there was a national scandal surrounding the Texas Youth Commission -- and the entire TYC Board was forced to resign as a growing number of criminal allegations were being made against Commission staff, and media reports were escalating about the improprieties within the juvenile correctional system. It was a Major. Big. Deal.
Part of the TYC Fix was the Appointment of an Ombudsman
The number of stories of the 2007 abuses in the care of minors in Texas lockups is simply too numerous to mention here. It was amazing in its horror, and the description that the system was in "shambles" was not an exaggeration.
So, when the Ombudsman position was created, it would seem like the Head of the Cavalry had been identified. In this job, Catherine Evans was to investigate complaints and problems within the juvenile lockups. You can almost see one of those "The Buck Stops Here" placards on her desk, right?
So, What's the Ombudsman Doing Allegedly Smuggling a Knife, a Cellphone, and Drugs into a TYC facility?
According to the felony indictment, Ombudsman Evans was found trying to smuggle a knife, a cellphone, and prescription drugs into the TYC unit in Crockett, Texas. Officially, she is charged with "possession of a prohibited item in a prison facility" and if convicted, she faces 2 to 10 years imprisonment.
Remember now: Cathy Evans was a state district judge for several years before being appointed to this job by Gov. Rick Perry. What the heck is going on here?
Evans has denied any wrongdoing. She agreed to resign and her replacement will be named "as soon as possible," according to the Governor's Office.
And, it's being reported that the knife was a Swiss Army Knife; the cellphone was hers; and the "white powdery" substance found in a vial in her purse that tested positive for amphetamines turned out to be dish washing detergent.
Sounds like she was just lax in checking out her bag before going into the facility, right? Except it's STILL a felony to bring this stuff in, she's not in a position to claim ignorance (if that was an excuse, which it's not), and she's still gonna face felony charges.
Texas judge. Felony. Wonder if the newspapers re-use the same headlines, and just change the name, to save time these days?
Thứ Sáu, 27 tháng 11, 2009
criminal defense lawyer
A criminal defense lawyer is a lawyer specializing in the defense of individuals and companies charged with criminal conduct.
In the United States, criminal defense lawyers deal with the issues surrounding the apprehension, searches of client or property, and arrest of his or her client (Fourth Amendment), as well as any statements the client may have made (Fifth Amendment). Criminal defense lawyers also deal with the substantive issues of the crimes with which his or her clients are charged. In the United States criminal defendants are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes (e.g. felonies) in the United States are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Criminal defense lawyers actively pursue their client's cause through all stages of a criminal prosecution.
Criminal defense lawyers in the United States who are employed by governmental entities such as counties, states, and the federal government are often referred to as public defenders. These are often fresh law school graduates seeking to gain quick courtroom experience, but there are many older, extremely well experienced lawyers who have made public defending a lifetime vocation. There are also private defense lawyers who are retained by individual clients on a case by case basis.
Criminal defense work can be intimidating to some lawyers as the specter of a client going to jail for long periods of time or even being subjected to capital punishment looms over some defendants.
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In the United States, criminal defense lawyers deal with the issues surrounding the apprehension, searches of client or property, and arrest of his or her client (Fourth Amendment), as well as any statements the client may have made (Fifth Amendment). Criminal defense lawyers also deal with the substantive issues of the crimes with which his or her clients are charged. In the United States criminal defendants are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes (e.g. felonies) in the United States are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Criminal defense lawyers actively pursue their client's cause through all stages of a criminal prosecution.
Criminal defense lawyers in the United States who are employed by governmental entities such as counties, states, and the federal government are often referred to as public defenders. These are often fresh law school graduates seeking to gain quick courtroom experience, but there are many older, extremely well experienced lawyers who have made public defending a lifetime vocation. There are also private defense lawyers who are retained by individual clients on a case by case basis.
Criminal defense work can be intimidating to some lawyers as the specter of a client going to jail for long periods of time or even being subjected to capital punishment looms over some defendants.
Tags:los angeles criminal defense attorneys,los angeles criminal defense attorney,los angeles criminal defense lawyers,los angeles criminal defense lawyer,criminal defense lawyers los angeles,criminal defense lawyer los angeles,los angeles criminal lawyers,los angeles criminal lawyer,criminal lawyers los angeles,criminal lawyer los angeles,california criminal defense law firm,california criminal defense law,california criminal lawyers,california criminal lawyer,california criminal defense attorneys
Thứ Bảy, 21 tháng 11, 2009
Texas House Speaker Releases Interim Charges Affecting Land and Real Estate
This week Texas House Speaker Joe Straus released the 81st Legislature's Interim Committee Charges pertaining to Texas House of Representatives Committees. The charges are varied, and few are unexpected. Interim charges represent the "task assignments" delegated by the Speaker to various House committees which are to be completed during the period between Legislative Sessions.
Of particular importance to real estate interests and real estate attorneys in Texas are the Charges made to the House Committee on Land and Resource Management. That Committee is chaired by Rep. Dennis Bonnen.
The folllowing assignments are contained within Speaker Straus' charges:
1. Evaluate the appropriateness of creating pedestrian-only areas on the public
beaches of the state.
2. Examine unresolved issues relating to eminent domain legislation introduced
during the 81st Legislative Session. Monitor any pending litigation.
3. Examine the granting of easements on state-owned lands, including lands
managed by institutions of higher education and the General Land Office.
4. Study the causes of coastal erosion along the Texas coast. Evaluate current and
alternate funding sources. Review federal programs and their relationship to the
state program.
5. Monitor the agencies and programs under the committee's jurisdiction.
Of particular importance to real estate interests and real estate attorneys in Texas are the Charges made to the House Committee on Land and Resource Management. That Committee is chaired by Rep. Dennis Bonnen.
The folllowing assignments are contained within Speaker Straus' charges:
1. Evaluate the appropriateness of creating pedestrian-only areas on the public
beaches of the state.
2. Examine unresolved issues relating to eminent domain legislation introduced
during the 81st Legislative Session. Monitor any pending litigation.
3. Examine the granting of easements on state-owned lands, including lands
managed by institutions of higher education and the General Land Office.
4. Study the causes of coastal erosion along the Texas coast. Evaluate current and
alternate funding sources. Review federal programs and their relationship to the
state program.
5. Monitor the agencies and programs under the committee's jurisdiction.
Thứ Năm, 19 tháng 11, 2009
Finding an Experienced DWI Lawyer in Austin
When selecting legal representation, realize that the experience of your Austin DWI Attorney in Texas is very important. The way your DWI defense case is handled will have an influence on the outcome and thus your future. Having Texas Board Certified Criminal Law Specialists* on your side can mean the difference between obtaining a good result and a bad result. At the Dunham Law Firm, many of our criminal defense attorneys have previously been Assistant District Attorneys, spending years perfecting their courtroom skills.
* Driver's Legal Rights
* Pulled Over for DWI?
* Arrested for DWI?
* Blood Search Warrants
* BWI - Boating While Intoxicated
* Standardized Field Sobriety Tests (SFSTs)
* The Breath Test/Intoxilyzer 5000
* 10 Common Mistakes by the DWI Cops
* The DWI Fight
* THE PROCESS
* DWI Attorney Warning
* DWI Resources
* Blood Alchohol Level (BAC) Calculator
* Unusual DWI Videos
* Cops Gone Bad
* Community
* FAQ
* DWI News
* Prosecutor Tricks
Tags:austin dwi,austin dwi lawyer,dwi attorney,dwi case,dwi defense,dwi lawyer,fight dwi,san antonio dwi,san antonio dwi lawyer,texas dwi,travis county dwi,travis county dwihome,Austin DWI Lawyers, Austin DWI Attorneys, Driving While Intoxicated, Dunham Law Firm, Drunk Driving, Travis County, Texas, DWI, Attorneys, Lawyers, TX
* Driver's Legal Rights
* Pulled Over for DWI?
* Arrested for DWI?
* Blood Search Warrants
* BWI - Boating While Intoxicated
* Standardized Field Sobriety Tests (SFSTs)
* The Breath Test/Intoxilyzer 5000
* 10 Common Mistakes by the DWI Cops
* The DWI Fight
* THE PROCESS
* DWI Attorney Warning
* DWI Resources
* Blood Alchohol Level (BAC) Calculator
* Unusual DWI Videos
* Cops Gone Bad
* Community
* FAQ
* DWI News
* Prosecutor Tricks
Tags:austin dwi,austin dwi lawyer,dwi attorney,dwi case,dwi defense,dwi lawyer,fight dwi,san antonio dwi,san antonio dwi lawyer,texas dwi,travis county dwi,travis county dwihome,Austin DWI Lawyers, Austin DWI Attorneys, Driving While Intoxicated, Dunham Law Firm, Drunk Driving, Travis County, Texas, DWI, Attorneys, Lawyers, TX
Changes in DWI Law in Texas:
Two new laws go into force that deal with DWIs in Texas. Section 724.017 of the Transportation Code is now expended to allow more situations where police can do a forced blood draw without a warrant. Mandatory warrantless blood draws are now allowed if a person is arrested for DWI, or BWI, the person refuses to submit to the taking of a specimen volutarily, and: 1) an individual other than the person arrested has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment; 2) the person is arrested for DWI with a child passenger under 15; 3) the officer has reliable information that the person has been previously convicted of DWI two or more times; or 4) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.
The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw. Section 724.017 of the Transportation code was amended to provide protection to those who take blood specimens according to "recognized medical procedures." However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen. And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws.
Tags: Austin DWI, Blood Test, Texas DWI Laws,Austin DWI Attorney Blog : Austin DWI Lawyer & Attorney : Law Office of Ken Gibson : Texas DUI Defense,Seattle criminal defense attorney, criminal defense attorney, Seattle criminal attorney, seattle, criminal defense, criminal, attorney,criminal defense lawyer, Tito Rodriguez
The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw. Section 724.017 of the Transportation code was amended to provide protection to those who take blood specimens according to "recognized medical procedures." However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen. And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws.
Tags: Austin DWI, Blood Test, Texas DWI Laws,Austin DWI Attorney Blog : Austin DWI Lawyer & Attorney : Law Office of Ken Gibson : Texas DUI Defense,Seattle criminal defense attorney, criminal defense attorney, Seattle criminal attorney, seattle, criminal defense, criminal, attorney,criminal defense lawyer, Tito Rodriguez
Criminal Defense Attorney - Austin Texas (DWI) Drunk Driving Trial Defense Attorney
When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance costs, fines, court costs, a Driver’s License Surcharge of between $3,000.00 and $6,000.00, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.
The law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dried, but it is not quite as simple as that.
You see, if challenged, the County Attorney must also show all of the following:
DWI Criminal Defense Attorney - Immediate Jail Release That the arresting officer made the arrest properly,
DWI Criminal Defense Attorney - Immediate Jail Release That you were properly advised of your rights,
DWI Criminal Defense Attorney - Immediate Jail Release That the equipment the officer used to test you was working accurately,
and
DWI Criminal Defense Attorney - Immediate Jail Release Even that the person operating the equipment was certified to operate
the equipment.
Further, the officer that administers the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing. What does that mean to you? It means that in addition to grading you on your performance of the tests, I will also grade the officer to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed.
When you retain me I’ll insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them.
I’ll insist that the County Attorney provide us with any information or material he has which could show that you are not guilty of the charges against you, or which may help you get a lighter sentence.
I’ll insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.
I’ll insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified.
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The law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dried, but it is not quite as simple as that.
You see, if challenged, the County Attorney must also show all of the following:
DWI Criminal Defense Attorney - Immediate Jail Release That the arresting officer made the arrest properly,
DWI Criminal Defense Attorney - Immediate Jail Release That you were properly advised of your rights,
DWI Criminal Defense Attorney - Immediate Jail Release That the equipment the officer used to test you was working accurately,
and
DWI Criminal Defense Attorney - Immediate Jail Release Even that the person operating the equipment was certified to operate
the equipment.
Further, the officer that administers the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing. What does that mean to you? It means that in addition to grading you on your performance of the tests, I will also grade the officer to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed.
When you retain me I’ll insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them.
I’ll insist that the County Attorney provide us with any information or material he has which could show that you are not guilty of the charges against you, or which may help you get a lighter sentence.
I’ll insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.
I’ll insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified.
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Possession of Marijuana
Some people think marijuana charges are not that serious or silly. After all, you only got a ticket, right? A ticket means it’s not serious, doesn’t it? You’ve been tricked. Texas law allows those “arrested” for having marijuana to be given tickets if the police departments chooses to. But, being charged with possession of marijuana–even in a ticket–is still serious.
Most people who are arrested or ticketed for marijuana have a small amount, just for their own use, which should be charged as a Class B or A Misdemeanor. The important thing to remember is you can be punished for up to one year in jail for a Class A Misdemeanor.
Many of our younger clients are charged with Possession of Marijuana (POM), and it is for these clients that the consequences can be the greatest. Drug charges have a way of following you for far longer than people expect them to. So, whether you are established in a career and looking to protect your hard work or you are just beginning your journey in life, it is important to take these charges seriously.
Our office is experienced at dealing with these cases–as well as those unexpected consequences that can come up from marijuana or other drug cases. Depending on the amount of marijuana you are charged with having and the disposition of the case, POM cases can affect everything from federal financial aid, to your immigration status, to the jobs you can hold now or in the future.
Tags:Austin dwi, Austin DWI Attorney, Austin dwi defense lawyer, Austin divorce lawyer, Austin criminal lawyer, Cedar Park, Round Rock, Georgetown, Pflugerville, Wilco, Williamson county, Texas
Most people who are arrested or ticketed for marijuana have a small amount, just for their own use, which should be charged as a Class B or A Misdemeanor. The important thing to remember is you can be punished for up to one year in jail for a Class A Misdemeanor.
Many of our younger clients are charged with Possession of Marijuana (POM), and it is for these clients that the consequences can be the greatest. Drug charges have a way of following you for far longer than people expect them to. So, whether you are established in a career and looking to protect your hard work or you are just beginning your journey in life, it is important to take these charges seriously.
Our office is experienced at dealing with these cases–as well as those unexpected consequences that can come up from marijuana or other drug cases. Depending on the amount of marijuana you are charged with having and the disposition of the case, POM cases can affect everything from federal financial aid, to your immigration status, to the jobs you can hold now or in the future.
Tags:Austin dwi, Austin DWI Attorney, Austin dwi defense lawyer, Austin divorce lawyer, Austin criminal lawyer, Cedar Park, Round Rock, Georgetown, Pflugerville, Wilco, Williamson county, Texas
Assault
Assault occurs when someone perceives a threat of imminent personal danger. What many people are surprised to find out is that it is not necessary for the alleged victim to have sustained physical harm. Merely the threat of such harm is enough to constitute assault under the law.
“Simple assault” ranges from class C to class A offenses and has a variety of colors and flavors. The biggest concern for most people is that assault at any level of offense if often considered a crime of moral turpitude, which is way of saying it reflect something about your character. Many employers examine assault charges very carefully and some choose not to hirer people with assault on their records believing they may be violent.
Additionally, these charges can easily escalate to a felony depending on who the alleged victim is or how the assault occurred. Only a knowledgeable attorney can help you understand the complexities of this law.It is essential to speak with a knowledgeable criminal defense lawyer in order to fully understand your rights and responsibilities in this matter.
There are many ways an experienced lawyer can help you when you are facing a Assault charge:
· Get the charges dismissed
· Obtain a not-guilty verdict
· Dismiss the Assault and plead to a lesser offense
Tags:Austin DWI Lawyer, Austin DWI Attorney, 24 Hour Jail Release, Travis County Lawyer, Travis County DWI, Austin Drunk Driving
“Simple assault” ranges from class C to class A offenses and has a variety of colors and flavors. The biggest concern for most people is that assault at any level of offense if often considered a crime of moral turpitude, which is way of saying it reflect something about your character. Many employers examine assault charges very carefully and some choose not to hirer people with assault on their records believing they may be violent.
Additionally, these charges can easily escalate to a felony depending on who the alleged victim is or how the assault occurred. Only a knowledgeable attorney can help you understand the complexities of this law.It is essential to speak with a knowledgeable criminal defense lawyer in order to fully understand your rights and responsibilities in this matter.
There are many ways an experienced lawyer can help you when you are facing a Assault charge:
· Get the charges dismissed
· Obtain a not-guilty verdict
· Dismiss the Assault and plead to a lesser offense
Tags:Austin DWI Lawyer, Austin DWI Attorney, 24 Hour Jail Release, Travis County Lawyer, Travis County DWI, Austin Drunk Driving
Driving while Intoxicated
Driving while intoxicated (DWI) cases usually start unexpectedly and happen to people who never thought they would be arrested and charged with a crime. It begins with a minor traffic violation and before you know what’s going on, you are sitting in the back of a police cruiser in handcuffs.
The truth about DWI is that the accuracy of field sobriety tests are questionable under the best
circumstances, and quickly become unreliable when not administered properly or under the correct conditions. Despite the questions surrounding their accuracy, there is incredible pressure on the county and district attorneys to prosecute the cases that utilize these field sobriety tests. We find that many of our clients are not aware of the consequences involved in a DWI case. DWI cases are serious matters, which can result in thousands of dollars in fees and suspension of your driver’s license, in addition to your criminal case.
The waters surrounding DWI are difficult to navigate and you need experienced DWI attorneys to guide and protect you through this process. Many people don’t realize how little time they have to react in these cases. Did you know you only have 15 days to act if you want to protect your right to drive? Failure to do so results in the automatic suspension of your driver’s license.
It is essential to speak with an experienced drunk driving defense lawyer early in this process.
We have over 30 years of combined experience in DWI cases. And, we have the knowledge and
familiarity with the process to protect and guide you through this difficult period.
At our office, you will find attorneys who are certified by the National Highway Traffic Safety
Administration as Standardized Field Sobriety Testing Practitioners just like the officer that
arrested you. We have tried many DWI trials and almost always have faced the officer that arrested you. We possess the experience and knowledge to know if the tests were even administered properly, and how they may affect your case.
Whether you blew, didn’t blow, or even if they took your blood, it is important that you speak with an attorney to understand the next steps in your case, and how best to move forward. We are there for you whether you are looking for a quick resolution or want to fight your arrest all the way through a jury trial. Most importantly, we have the skills and experience to help.
There are many ways an experienced lawyer can help you when you are facing a DWI charge:
· Get the charges dismissed
· Obtain a not-guilty verdict
· Dismiss the DWI and plead to a lesser offense
· Keep you out of jail
· Save your driver's license
Tags: CRIMINAL DEFENSE | DIVORCE LAW | MEET THE OFFICE | FAQs | FIRM NEWS | ,Driving While Intoxicated ,Assault Family Violence,Assault,Possession of Marijuana,Felony rug Possession,Serious Felonies,Sex Crimes,Theft,Probation Revocations
The truth about DWI is that the accuracy of field sobriety tests are questionable under the best
circumstances, and quickly become unreliable when not administered properly or under the correct conditions. Despite the questions surrounding their accuracy, there is incredible pressure on the county and district attorneys to prosecute the cases that utilize these field sobriety tests. We find that many of our clients are not aware of the consequences involved in a DWI case. DWI cases are serious matters, which can result in thousands of dollars in fees and suspension of your driver’s license, in addition to your criminal case.
The waters surrounding DWI are difficult to navigate and you need experienced DWI attorneys to guide and protect you through this process. Many people don’t realize how little time they have to react in these cases. Did you know you only have 15 days to act if you want to protect your right to drive? Failure to do so results in the automatic suspension of your driver’s license.
It is essential to speak with an experienced drunk driving defense lawyer early in this process.
We have over 30 years of combined experience in DWI cases. And, we have the knowledge and
familiarity with the process to protect and guide you through this difficult period.
At our office, you will find attorneys who are certified by the National Highway Traffic Safety
Administration as Standardized Field Sobriety Testing Practitioners just like the officer that
arrested you. We have tried many DWI trials and almost always have faced the officer that arrested you. We possess the experience and knowledge to know if the tests were even administered properly, and how they may affect your case.
Whether you blew, didn’t blow, or even if they took your blood, it is important that you speak with an attorney to understand the next steps in your case, and how best to move forward. We are there for you whether you are looking for a quick resolution or want to fight your arrest all the way through a jury trial. Most importantly, we have the skills and experience to help.
There are many ways an experienced lawyer can help you when you are facing a DWI charge:
· Get the charges dismissed
· Obtain a not-guilty verdict
· Dismiss the DWI and plead to a lesser offense
· Keep you out of jail
· Save your driver's license
Tags: CRIMINAL DEFENSE | DIVORCE LAW | MEET THE OFFICE | FAQs | FIRM NEWS | ,Driving While Intoxicated ,Assault Family Violence,Assault,Possession of Marijuana,Felony rug Possession,Serious Felonies,Sex Crimes,Theft,Probation Revocations
Texas DWI First Offense:
Have you recently been charged with drinking and driving in Austin, TX?If so, you are probably
worried about what will happen to you. Will you spend time in jail? Will you lose your license?
What will your friends and family think if you are convicted of driving while intoxicated?
The most important thing you should do right now is to find an attorney who is experienced with DWI law. This is a complicated field of law, and it is crucial that your attorney is up to date on the
newest laws and the best defense strategies.
In Texas, you may be charged with “per se” intoxication if you are operating a motor vehicle, be it a car, motorcycle, or boat, with a BAC (blood alcohol content) of 0.08 percent or higher. Drivers under the age of 21 may be charged with a DWI with any alcohol in their system.
The penalties for DWI are severe, even if this is your first DWI offense. A first offense is a
Class B misdemeanor in Texas. You will be sentenced to a minimum of 72 hours in jail, or 6 days if there was an open container of alcohol in your vehicle.
The fines associated with a first DWI offense are costly. While the fines may not exceed $2,000,
additional administrative and evaluation fees will be assessed. There is a $1,000 per year
surcharge on all DWIs in addition to the regular fines. This surcharge must be paid for three
years. If your BAC was twice the legal limit (0.16), the surcharge is $2,000.
If you are convicted of DWI, your driver’s license will be suspended for one year, though you may be granted an occupational license. Issuance of this license is based on “essential need” and will allow you to drive to and from work. You must also complete a 12-hour DWI Education Program within 180 days of receiving probation or your license will be revoked.You will be sentenced to at least 24 hours of community service but no more than 100 hours.
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worried about what will happen to you. Will you spend time in jail? Will you lose your license?
What will your friends and family think if you are convicted of driving while intoxicated?
The most important thing you should do right now is to find an attorney who is experienced with DWI law. This is a complicated field of law, and it is crucial that your attorney is up to date on the
newest laws and the best defense strategies.
In Texas, you may be charged with “per se” intoxication if you are operating a motor vehicle, be it a car, motorcycle, or boat, with a BAC (blood alcohol content) of 0.08 percent or higher. Drivers under the age of 21 may be charged with a DWI with any alcohol in their system.
The penalties for DWI are severe, even if this is your first DWI offense. A first offense is a
Class B misdemeanor in Texas. You will be sentenced to a minimum of 72 hours in jail, or 6 days if there was an open container of alcohol in your vehicle.
The fines associated with a first DWI offense are costly. While the fines may not exceed $2,000,
additional administrative and evaluation fees will be assessed. There is a $1,000 per year
surcharge on all DWIs in addition to the regular fines. This surcharge must be paid for three
years. If your BAC was twice the legal limit (0.16), the surcharge is $2,000.
If you are convicted of DWI, your driver’s license will be suspended for one year, though you may be granted an occupational license. Issuance of this license is based on “essential need” and will allow you to drive to and from work. You must also complete a 12-hour DWI Education Program within 180 days of receiving probation or your license will be revoked.You will be sentenced to at least 24 hours of community service but no more than 100 hours.
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Texas DWI Breath Test Refusal
If you have recently been pulled over for driving while intoxicated and refused to take a breath
test, you should contact an experienced DWI attorney as soon as possible.A Texas breath test
refusal will lead to your driver’s license being suspended for at least 180 days.
Why will your license be suspended for so long just for refusing to take a breath test? Because of
Texas’s Implied Consent laws which say that if a driver is arrested for an offense that occurs when operating a motor vehicle, he or she must automatically consent to taking a breath or blood test to determine his or her BAC (blood alcohol content). You give your consent for these tests when you sign up for your driver’s license.
When you are arrested for drunk driving and refuse to take a breath or blood test, you face an
administrative penalty. The penalties for refusing to take a BAC test are in addition to the normal penalties for DWI. Even if you are not convicted of DWI, you are still subject to the
administrative penalties.
For a first-time breath test refusal, your driver’s license will be suspended for 180 days. For a
second offense within 10 years, your driver’s license will be suspended for 2 years.
It is important to know that even if your license is administratively suspended for a breath test
refusal, you are eligible to apply for an occupational license. This limited license allows you to
drive to and from work and other necessary locations.
Choosing whether or not to take a BAC test is a tough choice. If you refuse to take a breath test,
you will face tough penalties. There are many DWI lawyers who recommend that you refuse to take the breath test unless you are certain that your BAC is below the legal limit (0.08 percent in Texas).
In some cases, you may be able to avoid a DWI conviction since the prosecution has no evidence of your BAC. The penalties for a refusal are also less than for a DWI conviction, especially since you may be granted an occupational license. However, if you are found guilty of DWI, you will face your breath test refusal penalties in addition to the DWI conviction penalties.
Tags: FREE CASE EVALUATION | FIRM PROFILE | Choosing the Right Attorney | TEXAS DWI FAQ | Texas DWI Breath Test,Texas DWI Laws | Texas DWI Penalties | Travis County DWI Lawyer | Texas Implied Consent | Texas Field Sobriety Tests
Texas DWI Breath Test Refusal | Administrative License Suspension | Travis County Jail
Release | Austin DWI | ATTORNEY FEES
test, you should contact an experienced DWI attorney as soon as possible.A Texas breath test
refusal will lead to your driver’s license being suspended for at least 180 days.
Why will your license be suspended for so long just for refusing to take a breath test? Because of
Texas’s Implied Consent laws which say that if a driver is arrested for an offense that occurs when operating a motor vehicle, he or she must automatically consent to taking a breath or blood test to determine his or her BAC (blood alcohol content). You give your consent for these tests when you sign up for your driver’s license.
When you are arrested for drunk driving and refuse to take a breath or blood test, you face an
administrative penalty. The penalties for refusing to take a BAC test are in addition to the normal penalties for DWI. Even if you are not convicted of DWI, you are still subject to the
administrative penalties.
For a first-time breath test refusal, your driver’s license will be suspended for 180 days. For a
second offense within 10 years, your driver’s license will be suspended for 2 years.
It is important to know that even if your license is administratively suspended for a breath test
refusal, you are eligible to apply for an occupational license. This limited license allows you to
drive to and from work and other necessary locations.
Choosing whether or not to take a BAC test is a tough choice. If you refuse to take a breath test,
you will face tough penalties. There are many DWI lawyers who recommend that you refuse to take the breath test unless you are certain that your BAC is below the legal limit (0.08 percent in Texas).
In some cases, you may be able to avoid a DWI conviction since the prosecution has no evidence of your BAC. The penalties for a refusal are also less than for a DWI conviction, especially since you may be granted an occupational license. However, if you are found guilty of DWI, you will face your breath test refusal penalties in addition to the DWI conviction penalties.
Tags: FREE CASE EVALUATION | FIRM PROFILE | Choosing the Right Attorney | TEXAS DWI FAQ | Texas DWI Breath Test,Texas DWI Laws | Texas DWI Penalties | Travis County DWI Lawyer | Texas Implied Consent | Texas Field Sobriety Tests
Texas DWI Breath Test Refusal | Administrative License Suspension | Travis County Jail
Release | Austin DWI | ATTORNEY FEES
Texas Alcohol Laws
There are many laws in Texas regarding the sale, possession, and consumption of alcoholic
beverages. The following information is intended to give you an overview of all of the Texas
alcohol laws, though the laws may differ from jurisdiction to jurisdiction.
The legal age to consume alcohol in Texas, as in all 50 states, is 21 years old. However, the legal
age to work in an environment where alcohol is sold or handled is 18 years old. This includes
serving alcohol in a restaurant.
The laws regarding alcohol sales are strictly enforced by local ordinances. In general, only
private retail stores are allowed to sell liquor, while convenience stores and supermarkets are
permitted to sell beer and wine. Alcohol sales are prohibited on Sundays, with the exception of
restaurants that serve alcohol in conjunction with food sales from 10 a.m. until noon. Bars and
restaurants are permitted to sell alcohol from 10 a.m. to 2 a.m., Monday through Saturday.
Texas’s Open Container laws state that all opened containers of alcohol must be transported in the trunk of a vehicle so that the driver and passengers do not have access to it.
In Texas, you may be charged with “per se” intoxication if you are caught operating a motor vehicle with a BAC (blood alcohol content) of 0.08 percent. Even if your driving was not impaired due to alcohol, having a BAC over this limit is enough evidence to secure a DWI conviction.
If your BAC is 0.15 percent or higher, you may face more penalties for having an enhanced BAC.
Drivers under the age of 21 can be charged with DWI for having any alcohol in their system.
Texas also has Implied Consent laws. This means that if a driver is pulled over on suspicion of
DWI, he or she must take a breath, blood, or urine test if asked as a condition of receiving his or
her driver’s license. Failure to do so will result in a one-year driver’s license suspension.
The Texas Department of Motor Vehicles will revoke a driver’s license for 90 days for the first DWI offense and 180 days for the second and third offense.
Tags:Alcohol Laws | Breath Test Refusal | First Offense | Walk and Turn Test | One Leg Stand Test Horizontal Gaze Nystagmus | Free DWI Case Evaluation | Other Dedicated DWI Attorneys |
beverages. The following information is intended to give you an overview of all of the Texas
alcohol laws, though the laws may differ from jurisdiction to jurisdiction.
The legal age to consume alcohol in Texas, as in all 50 states, is 21 years old. However, the legal
age to work in an environment where alcohol is sold or handled is 18 years old. This includes
serving alcohol in a restaurant.
The laws regarding alcohol sales are strictly enforced by local ordinances. In general, only
private retail stores are allowed to sell liquor, while convenience stores and supermarkets are
permitted to sell beer and wine. Alcohol sales are prohibited on Sundays, with the exception of
restaurants that serve alcohol in conjunction with food sales from 10 a.m. until noon. Bars and
restaurants are permitted to sell alcohol from 10 a.m. to 2 a.m., Monday through Saturday.
Texas’s Open Container laws state that all opened containers of alcohol must be transported in the trunk of a vehicle so that the driver and passengers do not have access to it.
In Texas, you may be charged with “per se” intoxication if you are caught operating a motor vehicle with a BAC (blood alcohol content) of 0.08 percent. Even if your driving was not impaired due to alcohol, having a BAC over this limit is enough evidence to secure a DWI conviction.
If your BAC is 0.15 percent or higher, you may face more penalties for having an enhanced BAC.
Drivers under the age of 21 can be charged with DWI for having any alcohol in their system.
Texas also has Implied Consent laws. This means that if a driver is pulled over on suspicion of
DWI, he or she must take a breath, blood, or urine test if asked as a condition of receiving his or
her driver’s license. Failure to do so will result in a one-year driver’s license suspension.
The Texas Department of Motor Vehicles will revoke a driver’s license for 90 days for the first DWI offense and 180 days for the second and third offense.
Tags:Alcohol Laws | Breath Test Refusal | First Offense | Walk and Turn Test | One Leg Stand Test Horizontal Gaze Nystagmus | Free DWI Case Evaluation | Other Dedicated DWI Attorneys |
austin dwi attorney,A determined Austin DWI attorney in Texas
Are you facing a DWI (driving while intoxicated) charge in Austin, TX? If so, you are probably
worried about what will happen to you next. Jail time, probation, community service, and a driver’s
license suspension are all very real possibilities if you are convicted.
Tags:austin dwi attorney,A determined Austin DWI attorney in Texas will stand by your side no matter what and safeguard your freedom,Austin DWI Blog, Dunham Law Firm, Austin DWI Attorney, Austin DWI Attorneys, Austin DWI Lawyers, Driving While Intoxicated, Lawyer
worried about what will happen to you next. Jail time, probation, community service, and a driver’s
license suspension are all very real possibilities if you are convicted.
Tags:austin dwi attorney,A determined Austin DWI attorney in Texas will stand by your side no matter what and safeguard your freedom,Austin DWI Blog, Dunham Law Firm, Austin DWI Attorney, Austin DWI Attorneys, Austin DWI Lawyers, Driving While Intoxicated, Lawyer
Thứ Ba, 17 tháng 11, 2009
Tenants Enjoy Protections When Landlord/Homeowner Loses Property to Foreclosure
These days, foreclosures are commonplace. Our natinal economy is experiencing the hangover following years of a credit party reminiscient of a fraternity blow-out. A recent magazine article quoted the CEO of mega-homebuilder Toll Brothers spreading the blame:
“What cracked the market was not just our greed but the greed of our buyers.”
Irrespective of the cause, thousands of tenants have received a nasty and unexpected surprise -- news that the home they are occupying has been foreclosed. Even worse is that in most instances the new owner -- often the mortgage lender -- has plans for the property that don't include continuing the lease. Frequently, the tenant has been faithfully paying rent to the landlord, and wasn't even aware that the property was subject to foreclosure. Imagine the financial disaster that can accompany being suddenly and unexpectedly displaced from a comfortable rental home...
Fortunately, Texas law provides some relief for an unwitting tenant of a foreclosed property.
First, the notice period required before a landlord may file an eviction suit is extended from 72 hours to 30 days (provided the tenant was in compliance with the lease at or near the time of foreclosure). See Texas Proeprty Code Section 24.005.
Second, if the previous owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner (other than the foreclosing bank, itself) is liable for the return of security deposits. See Texas Property Code Section Sec. 92.105.
I have heard of instances where new owners of properties acquired through foreclosure or trustee's sale have actually offered to pay a pre-existing tenant to vacate the property promptly and peaceably. Such a payment can make sense for both the new and reluctant owner/landlord and the innocent tenant. The new owner obtains certainty and finality concerning possession of the property -- all without incurring attorneys' fees associated with an eviction proceeding. Meanwhile, the tenant receives a quick infusion of cash to help offset moving and related expenses.
If you are either the new owner of a tenant-occupied property, or a tenant in a rental property whose ownership has changed through foreclosure, you should consider consulting an experienced real estate attorney who can explain your rights and responsibilities.
Thứ Hai, 16 tháng 11, 2009
In Texas, persons repairing vehicles and equipment may place workers' liens and even repossess
As a San Antonio lawyer with active real estate and construction law practices, liens are a daily part of my business. When representing landowners or buyers/sellers of real estate, ensuring clear title -- free of liens and encumberances -- is of the utmost concern. Likewise, my general contractor and sub-contractor clients regularly trust me to place or remove mechanics' liens to secure payment for work performed or materials supplied on contruction projects.
Every so often, hoewever, I get a call from an equipment repair facility, automotive mechanic or other service provider inquiring about their lien rights when customers refuse to pay for their services.
In Texas, liens are available to a variety of persons rendering goods and services, including those who perform repairs on vehicles, motorboats, vessels and/or outboard motors. Persons performing such repairs are referred to as "workers," and their lien rights are set-forth in Section 70.001 of the Texas Property Code.
That section not only entitles the repair person to place a lien on the article that was repaired, but also entitles such "worker" to retain POSSESSION of the article until payment is received. Here's the text of the statutue:
Sec. 70.001. WORKER'S LIEN. (a) A worker in this state who by labor repairs an article, including a vehicle, motorboat, vessel, or outboard motor, may retain possession of the article until:
(1) the amount due under the contract for the repairs is paid; or
(2) if no amount is specified by contract, the reasonable and usual compensation is paid.
Many times, people pay for repairs through check or credit card transactions. In these instances, the article that was repaired is released to the owner prior to the repair person actually receiving the funds associated with a purported payment. Nefarious customers might then stop payment, close their account, or simply have their check returned for NSF. In such instances, the statute, again, seeks to protect the rights of the repair person, and even authorizes repossession in certain circumstances:
(b) If a worker relinquishes possession of a motor vehicle, motorboat, vessel, or outboard motor in return for a check, money order, or a credit card transaction on which payment is stopped, has been dishonored because of insufficient funds, no funds or because the drawer or maker of the order or the credit card holder has no account or the account upon which it was drawn or the credit card account has been closed, the lien provided by this section continues to exist and the worker is entitled to possession of the vehicle, motorboat, vessel, or outboard motor until the amount due is paid, unless the vehicle, motorboat, vessel, or outboard motor is possessed by a person who became a bona fide purchaser of the vehicle after a stop payment order was made. A person entitled to possession of property under this subsection is entitled to take possession thereof in accordance with the provisions of Section 9.609, Business & Commerce Code.
But a repair person should be very careful before asserting any right of repossession. This is because repossession is only available under a limited set of circumstanes:
(c) A worker may take possession of an article under Subsection (b) only if the person obligated under the repair contract has signed a notice stating that the article may be subject to repossession under this section. A notice under this subsection must be:
(1) separate from the written repair contract; or
(2) printed on the written repair contract, credit agreement, or other document in type that is boldfaced, capitalized, underlined, or otherwise set out from surrounding written material so as to be conspicuous with a separate signature line.
A repair person who properly asserts a right to repossession may require the owner of the repossessed article to pay for repossession costs, including towing:
(d) A worker who takes possession of an article under Subsection (b) may require a person obligated under the repair contract to pay the costs of repossession as a condition of reclaiming the article only to the extent of the reasonable fair market value of the services required to take possession of the article. For the purpose of this subsection, charges represent the fair market value of the services required to take possession of an article if the charges represent the actual cost incurred by the worker in taking possession of the article.
Again, repossession is available only in limited circumstances. Under certain conditions -- such as when a worker transfers to the repo company a returned check -- the worker may find himself in trouble for attempting repossession.
For that reason, all repair facilities and persons should consult with an experienced attorney PRIOR TO attempting a repossession upon a workers' lien. In addition, the prudent garage or mechanic should have a lawyer who is familiar with liens review their service contract or agreement to ensure that the repair document properly provides notice and authorization for repossession of the article to be repaired.
Thứ Sáu, 13 tháng 11, 2009
New Constitutional Amendment Provides for Uniform Assessment of Property Texas Throughout Texas
Last Tuesday, November 3, 2009, Texas voters passed 11 constituional amendments, many of which serve to preserve private property rights, and to equalize the manner in which ad valorem taxes are assessed against real estate in Texas.
Of particular importance to Texans paying property taxes was proposition 3, whose purposes was to remove the constitutional requirement that administrative and judicial enforcement of uniform standards and procedures for property appraisal originate in the county where the tax is imposed. Instead, the amendment sought to remove the requirement of local procedures for tax appraisals, and to give the Texas Legislature full discretion to prescribe the manner of the enforcement of uniform appraisal standards and procedures throughout the State.
The exact language of the proposed amendment was somewhat benign:
Prior to adoption of this Amendment,Section 23(b), Article VIII, Texas Constitution, required that administrative and judicial enforcement of uniform standards and procedures for the appraisal of property for property tax purposes, as prescribed by general law, originate in the county where the tax is imposed. This provision has been interpreted to mean that the state has little meaningful supervisory or administrative power over the standards and methods that local appraisal districts use to value property.
While the Texas property tax system has always been administered on the local level, it is undeniable that the state retains an interest in property tax appraisal professionalism and competence. The state also has an interest in the consistent determination of property tax appraised values from one locality to the next, through the application of uniform appraisal practices, because the state allocates funding to public schools based on the per-student aggregate taxable property value in each school district.
As do most things legal, property tax appraisal practices and procedures vary widely across Texas. A property located in one county is sometimes appraised much differently than a similar property located elsewhere in the state -- even in an adjoining County.
Prior to adoption of proposition 3, there was no legal basis for direct oversight of appraisal districts by the state. Thus, inequities in assessing and collecting taxes were local functions, and the state was powerless to directly require an appraisal district to follow state law or apply a standard appraisal method. This resulted in a hodge-podge of practices and non-standard procedures, which failed to ensure appropriate and accurate appraisals that determine the value of property for taxation purposes.
As a Texas attorney actively engaged in a real estate practice, I fervently believe that some degree of statewide uniformity and equity of appraisal processes is necessary. In my opinion, real property located in one Texas county should be appraised in the same manner and according to the same rules as similar property located in another Texas county. This is not to say that a "one size fits all" approach is best, but certainly amending the Texas Constitution to allow direct state enforcement authority and oversight of local appraisals was a positive step. With the recent passage of proposition 3, the state is allowed to oversee the appraisal system directly and take the necessary action to address inequities and inconsistencies in property appraisal.
Of particular importance to Texans paying property taxes was proposition 3, whose purposes was to remove the constitutional requirement that administrative and judicial enforcement of uniform standards and procedures for property appraisal originate in the county where the tax is imposed. Instead, the amendment sought to remove the requirement of local procedures for tax appraisals, and to give the Texas Legislature full discretion to prescribe the manner of the enforcement of uniform appraisal standards and procedures throughout the State.
The exact language of the proposed amendment was somewhat benign:
Amendment No. 3 (H.J.R. 36, Article 3) The constitutional amendment providing for uniform standards and procedures for the appraisal of property for ad valorem tax purposes.
Prior to adoption of this Amendment,Section 23(b), Article VIII, Texas Constitution, required that administrative and judicial enforcement of uniform standards and procedures for the appraisal of property for property tax purposes, as prescribed by general law, originate in the county where the tax is imposed. This provision has been interpreted to mean that the state has little meaningful supervisory or administrative power over the standards and methods that local appraisal districts use to value property.
While the Texas property tax system has always been administered on the local level, it is undeniable that the state retains an interest in property tax appraisal professionalism and competence. The state also has an interest in the consistent determination of property tax appraised values from one locality to the next, through the application of uniform appraisal practices, because the state allocates funding to public schools based on the per-student aggregate taxable property value in each school district.
As do most things legal, property tax appraisal practices and procedures vary widely across Texas. A property located in one county is sometimes appraised much differently than a similar property located elsewhere in the state -- even in an adjoining County.
Prior to adoption of proposition 3, there was no legal basis for direct oversight of appraisal districts by the state. Thus, inequities in assessing and collecting taxes were local functions, and the state was powerless to directly require an appraisal district to follow state law or apply a standard appraisal method. This resulted in a hodge-podge of practices and non-standard procedures, which failed to ensure appropriate and accurate appraisals that determine the value of property for taxation purposes.
As a Texas attorney actively engaged in a real estate practice, I fervently believe that some degree of statewide uniformity and equity of appraisal processes is necessary. In my opinion, real property located in one Texas county should be appraised in the same manner and according to the same rules as similar property located in another Texas county. This is not to say that a "one size fits all" approach is best, but certainly amending the Texas Constitution to allow direct state enforcement authority and oversight of local appraisals was a positive step. With the recent passage of proposition 3, the state is allowed to oversee the appraisal system directly and take the necessary action to address inequities and inconsistencies in property appraisal.
Thứ Năm, 12 tháng 11, 2009
Our lawyers are top rated by others
If you are looking for experienced attorneys, rated by others as top lawyers and attorneys, you have come to the right place. Our lawyers have consistently placed the needs of their clients above their own. The Baez Law Firm, P.C. lawyers are rated top by the community and others.
We provide top quality legal services to both the indigent and the ones that can afford our services. We handle all areas of law, and our lawyers can serve your legal needs, even for complicated legal matters. We are a small law firm with big service to our clients.
Because of the size of our law firm, our lawyers are involved with each case on a personal basis. Our clients know our faces and are treated with respect and dignity. We provide top legal representation in San Antonio at the most affordable prices. We also provide payment plans.
From the moment that you walk through our doors, you will see the difference with our law firm. To us, you are not a number, you are a friend. This is why we say "we care about your legal needs!"
We provide top quality legal services to both the indigent and the ones that can afford our services. We handle all areas of law, and our lawyers can serve your legal needs, even for complicated legal matters. We are a small law firm with big service to our clients.
Because of the size of our law firm, our lawyers are involved with each case on a personal basis. Our clients know our faces and are treated with respect and dignity. We provide top legal representation in San Antonio at the most affordable prices. We also provide payment plans.
From the moment that you walk through our doors, you will see the difference with our law firm. To us, you are not a number, you are a friend. This is why we say "we care about your legal needs!"
Thứ Tư, 11 tháng 11, 2009
Real Estate Commission Agreements MUST be in Writing to be Enforceable
Real Estate commissions paid to brokers and realtors are often the subject of legal disputes in Texas. Participants in real estate sales and purchases often squabble over who, if anybody, is entitled to a commission arising from that sale.
Disagreements frequently arise between brokers over who was the "procuring cause" of a certain sale. Likewise, sellers sometimes dispute that their listing agent or salesperson has adequately represented his or her interests. Real estate professionals, on the other hand, must be wary of clients who benefit from their services, but do not wish to compensate them.
No broker or agent should be required to freely provide services, advice or expertise. But -- at the same time -- brokers must disclose to their customers the method and amount of compensation they intend to realize from a given transaction.
This dilemna has a simple solution -- PUT IT IN WRITING!
The Texas Real Estate Commission, and local Boards of Realtors, frequently publish materials encouraging that commission and representation agreements be in writing so as to avoid disputes over commissions.
Texas law does NOT require that agreements for the engagement of Realtors as either "Listing Agents" (Seller's Representatives)or "Buyer's Representatives" be in writing. However, a broker/agent MAY NOT file a suit to enforce any commission claim, unless theagreement to pay a commission is in writing and signed by the customer.
Section 1101.806(c) of the Texas Occupations Code (the Texas Real Estate License Act) expressly provides as follows:
A prudent broker, seller and/or buyer will not enter into a real estate transaction without a written agreement concerning payment of commissions. This arrangement protects all participants in real estate purchases and sales.
Further, Buyers or Sellers from whom a broker/agent/salesperson seeks a commission, based upon anything other than a written agreement might be spared the expense of paying that commission.
Disagreements frequently arise between brokers over who was the "procuring cause" of a certain sale. Likewise, sellers sometimes dispute that their listing agent or salesperson has adequately represented his or her interests. Real estate professionals, on the other hand, must be wary of clients who benefit from their services, but do not wish to compensate them.
No broker or agent should be required to freely provide services, advice or expertise. But -- at the same time -- brokers must disclose to their customers the method and amount of compensation they intend to realize from a given transaction.
This dilemna has a simple solution -- PUT IT IN WRITING!
The Texas Real Estate Commission, and local Boards of Realtors, frequently publish materials encouraging that commission and representation agreements be in writing so as to avoid disputes over commissions.
Texas law does NOT require that agreements for the engagement of Realtors as either "Listing Agents" (Seller's Representatives)or "Buyer's Representatives" be in writing. However, a broker/agent MAY NOT file a suit to enforce any commission claim, unless theagreement to pay a commission is in writing and signed by the customer.
Section 1101.806(c) of the Texas Occupations Code (the Texas Real Estate License Act) expressly provides as follows:
A person may not maintain an action in this state to recover a commission for the sale or purchase of real estate unless the promise or agreement on which the action is based, or a memorandum, is in writing and signed by the party against whom the action is brought or by a person authorized by that party to sign the document.
A prudent broker, seller and/or buyer will not enter into a real estate transaction without a written agreement concerning payment of commissions. This arrangement protects all participants in real estate purchases and sales.
Further, Buyers or Sellers from whom a broker/agent/salesperson seeks a commission, based upon anything other than a written agreement might be spared the expense of paying that commission.
Shedding the Homestead Designation and Family Transfers
Texas Homesteads -- Bars to Keep Strangers Out, or to Keep Owners In?
Many times, family members desire to sell properties to one-another. The reasons for these transfers are innumerable -- advance pre-death gifts, planning for the aging process, and maintaining the integrity of family properties are just a few. A common scenario is when a mother desires to sell her home to her son, but to remain living in the home until her death. This transaction -- simplistic as it seems -- could encounter difficulties and even be rejected by a title company because of the tremendous power of Texas homestead laws.
The homestead laws are contained in the Texas Constitution and in Chapter 41 of the Texas Property Code. Our courts have liberally construed the homestead protections, indulging every opportunity to exempt real property from forced sale by general creditors.
In Texas, exercising homestead rights in property does not require any formalized legal process, or the filing of a specific document. The general criteria for creating a homestead are (i) overt acts of usage, and (ii) an intent to claim the land as a permanent residence.
Every Texan family and every single adult person is entitled to a homestead exempt from seizure for claims of creditors Homestead exemptions in Texas were enacted to protect Texans' homes from creditors. However, once a homestead is designated, removing that designation will often require physical abandonment of the property. This can present problems under the scenario described above, since mom (the seller) will be required to abandon the homestead exemption before she can sell the property to her son (the buyer). This very likely could mean that mom won't be permitted to reside in the home for some period of time after the transfer.
Courts have been fairly consistent on this issue: Where a homestead claimant moves from property that has been previously impressed with homestead character, the question of whether such property continues as a homestead is dependent primarily upon the intention of the claimant. West v. Austin Nat’l Bank, 427 S.W.2d 906, 911-12 (Tex. Civ. App.–San Antonio 1968, writ ref’d n.r.e.) (citing McMillan v. Warner, 38 Tex. 410, 411 (1873)). “One does not necessarily abandon a homestead merely by changing residence.” Chesson, 149 S.W.3d at 808 (citing Rancho Oil Co. v. Powell, 142 Tex. 63, [69,] 175 S.W.2d 960, 963 (1943)). “To be an abandonment that would subject such property to seizure and sale, there must be a voluntary leaving or quitting of the residence with a then present intent to occupy it no more as a home . . . .” King v. Harter, 70 Tex. 579, 581, 8 S.W. 308, 309 (1888). “[O]ur courts have held that ‘it must be undeniably clear and beyond almost the shadow, at least [of] all reasonable ground of dispute, that there has been a total abandonment with an intention not to return and claim the exemption.’” Burkhardt v. Lieberman, 138 Tex. 409, 416, 159 S.W.2d 847, 852 (1942) (quoting Gouhenant v. Cockrell, 20 Tex. 96, 98 (1857))."
As with most legal problems, there are solutions to problems presented by the homestead exemption. Family transfers can be accomplished without changing mom's place of residence. One should seek experienced legal counsel when presnted with problems selling real estate that arise from the homestead exemption.
Many times, family members desire to sell properties to one-another. The reasons for these transfers are innumerable -- advance pre-death gifts, planning for the aging process, and maintaining the integrity of family properties are just a few. A common scenario is when a mother desires to sell her home to her son, but to remain living in the home until her death. This transaction -- simplistic as it seems -- could encounter difficulties and even be rejected by a title company because of the tremendous power of Texas homestead laws.
The homestead laws are contained in the Texas Constitution and in Chapter 41 of the Texas Property Code. Our courts have liberally construed the homestead protections, indulging every opportunity to exempt real property from forced sale by general creditors.
In Texas, exercising homestead rights in property does not require any formalized legal process, or the filing of a specific document. The general criteria for creating a homestead are (i) overt acts of usage, and (ii) an intent to claim the land as a permanent residence.
Every Texan family and every single adult person is entitled to a homestead exempt from seizure for claims of creditors Homestead exemptions in Texas were enacted to protect Texans' homes from creditors. However, once a homestead is designated, removing that designation will often require physical abandonment of the property. This can present problems under the scenario described above, since mom (the seller) will be required to abandon the homestead exemption before she can sell the property to her son (the buyer). This very likely could mean that mom won't be permitted to reside in the home for some period of time after the transfer.
Courts have been fairly consistent on this issue: Where a homestead claimant moves from property that has been previously impressed with homestead character, the question of whether such property continues as a homestead is dependent primarily upon the intention of the claimant. West v. Austin Nat’l Bank, 427 S.W.2d 906, 911-12 (Tex. Civ. App.–San Antonio 1968, writ ref’d n.r.e.) (citing McMillan v. Warner, 38 Tex. 410, 411 (1873)). “One does not necessarily abandon a homestead merely by changing residence.” Chesson, 149 S.W.3d at 808 (citing Rancho Oil Co. v. Powell, 142 Tex. 63, [69,] 175 S.W.2d 960, 963 (1943)). “To be an abandonment that would subject such property to seizure and sale, there must be a voluntary leaving or quitting of the residence with a then present intent to occupy it no more as a home . . . .” King v. Harter, 70 Tex. 579, 581, 8 S.W. 308, 309 (1888). “[O]ur courts have held that ‘it must be undeniably clear and beyond almost the shadow, at least [of] all reasonable ground of dispute, that there has been a total abandonment with an intention not to return and claim the exemption.’” Burkhardt v. Lieberman, 138 Tex. 409, 416, 159 S.W.2d 847, 852 (1942) (quoting Gouhenant v. Cockrell, 20 Tex. 96, 98 (1857))."
As with most legal problems, there are solutions to problems presented by the homestead exemption. Family transfers can be accomplished without changing mom's place of residence. One should seek experienced legal counsel when presnted with problems selling real estate that arise from the homestead exemption.
Thứ Năm, 5 tháng 11, 2009
RLWPC Retained by Knollcreek HOA in Dispute with City
Knollcreek HOA, Inc. has hired RLWPC Law Firm to represent its intersts in a dispute with the City of San Antonio over what the City alleges is blockage of a drainage easement. According to City officials, a parking lot owned by the homeowners association encroaches on an existing easement, and improperly results in drainage to a particular lot within the community. The City has demanded that the HOA remove the lot. However, the lot pre-existed the Citry's annexation of the subdivision.
Trey Wilson is poised to engage in immediate negotiations with the City and, if necessary, to protect the Association's rights in court. The Knollcreek subdivision is located inside of 1604 on the City's northeast side.
Trey Wilson is poised to engage in immediate negotiations with the City and, if necessary, to protect the Association's rights in court. The Knollcreek subdivision is located inside of 1604 on the City's northeast side.
Trey Wilson Completes Arbitration Against Regency Park HOA
Our firm recently completed an evidentiary arbitration proceeding wherein we defended residents of San Antonio's Regency Park subdivision against claims made by that community's Homeowners Association. The dispute began in 2006 when our clients first request permission from the RPHOA's Architectural Committee to construct a swimming pool. The RPHOA and its ACC failed to respond for several months, but later engaged in a course of majing absurd demands of our clients.
By October 2007, the HOA still had not made a final decision, despite our clients submitting multiple applications, hiring a landscape designer and a professional enginerr-- all at the HOA's request. When the HOA failed to respond to our clients' final submission, they obtained "presumed approval" according to the terms of the applicable restrictions. Thereafter, our clients commenced construction of their pool. The HOA then filed suit and obtained a TRO preventing further construction.
Shortly after the TRO was issued, the HOA approved the swimming pool design, and construction was completed. The Association, however, sought to collect its attorneys fees associated with the TRO. The homeowners hired RLWPC on the eve opf trial over the attorneys' fees issues, and successfully had the lawsuit abataed and referred to arbitration as provided in the restrictive covenants.
A lengthy arbitration session was conducted by the Honorable Juan Gallardo -- a former district judge. Judge Gallardo's arbitration award is expected in the very near future.
By October 2007, the HOA still had not made a final decision, despite our clients submitting multiple applications, hiring a landscape designer and a professional enginerr-- all at the HOA's request. When the HOA failed to respond to our clients' final submission, they obtained "presumed approval" according to the terms of the applicable restrictions. Thereafter, our clients commenced construction of their pool. The HOA then filed suit and obtained a TRO preventing further construction.
Shortly after the TRO was issued, the HOA approved the swimming pool design, and construction was completed. The Association, however, sought to collect its attorneys fees associated with the TRO. The homeowners hired RLWPC on the eve opf trial over the attorneys' fees issues, and successfully had the lawsuit abataed and referred to arbitration as provided in the restrictive covenants.
A lengthy arbitration session was conducted by the Honorable Juan Gallardo -- a former district judge. Judge Gallardo's arbitration award is expected in the very near future.
Thứ Hai, 2 tháng 11, 2009
Cop Watch: Dallas County Constable's Computers Taken Over, What About Our Privacy Rights?
First, there were rumors that employees of a Dallas County Constable were forced to work for free on the job as well as on the constable's re-election campaigns. Then, some of these employees told their stories to FBI agent Danny Defenbaugh and that's when You-Know-What hit the fan.
Right now, Dallas County Constable Jaime Cortes has his lawyers filing arguments with the court that the Dallas County Commissioners don't have the legal right to investigate Cortes or his fellow law enforcer, Constable Derick Evans. (There are rumors that Craig Watkins is behind the scenes with his own investigation, but the District Attorney's Office isn't confirming that they're doing anything here.)
Right before Thanksgiving, a retired district judge is going to have a hearing and sort out this mess -- but there's already a lot of mud that's been slung and probably lots more will get thrown before that November 23rd court date.
Why should we care?
Well, regardless of all this employment hooplah, the bottom line is that the computers used by the constables were taken by the investigators, and presumably they've been through all those stored files. In fact, we've got no idea who all has been combing through those computer files.
Plus, we don't know what all those law enforcement files contained on the Constable's databases, but any Average Joe citizen out there probably had a right to privacy expectation that their personal information wouldn't be tossed around like this.
Today, the Dallas County Constables do lots of police-type work -- long gone are the olden days, where their primary job was serving subpoenas and the like. Now, Cortes and his brethren are involved in things like (1) finding dads who aren't paying their child support and forcing the deadbeat dads to pay up; (2) searching out and closing down crack houses and other drug sales shops in their area; (3) watching schools for dealers trying to sell drugs like heroin to the kids there; (4) impounding cars and other vehicles for various law violations, etc.
There's nothing to shield totally innocent folk from the stigma of being revealed as someone once considered as a druggie, etc. by the free for all use of the Constable's computer files here.
Let's hope the Judge on the November 23rd hearing puts a stop to this -- although, it's probably like shutting the barn door after the horse is gone by now ... right? How many copies of those hard drives have been made? Who got sent what as email attachments?
Right now, Dallas County Constable Jaime Cortes has his lawyers filing arguments with the court that the Dallas County Commissioners don't have the legal right to investigate Cortes or his fellow law enforcer, Constable Derick Evans. (There are rumors that Craig Watkins is behind the scenes with his own investigation, but the District Attorney's Office isn't confirming that they're doing anything here.)
Right before Thanksgiving, a retired district judge is going to have a hearing and sort out this mess -- but there's already a lot of mud that's been slung and probably lots more will get thrown before that November 23rd court date.
Why should we care?
Well, regardless of all this employment hooplah, the bottom line is that the computers used by the constables were taken by the investigators, and presumably they've been through all those stored files. In fact, we've got no idea who all has been combing through those computer files.
Plus, we don't know what all those law enforcement files contained on the Constable's databases, but any Average Joe citizen out there probably had a right to privacy expectation that their personal information wouldn't be tossed around like this.
Today, the Dallas County Constables do lots of police-type work -- long gone are the olden days, where their primary job was serving subpoenas and the like. Now, Cortes and his brethren are involved in things like (1) finding dads who aren't paying their child support and forcing the deadbeat dads to pay up; (2) searching out and closing down crack houses and other drug sales shops in their area; (3) watching schools for dealers trying to sell drugs like heroin to the kids there; (4) impounding cars and other vehicles for various law violations, etc.
There's nothing to shield totally innocent folk from the stigma of being revealed as someone once considered as a druggie, etc. by the free for all use of the Constable's computer files here.
Let's hope the Judge on the November 23rd hearing puts a stop to this -- although, it's probably like shutting the barn door after the horse is gone by now ... right? How many copies of those hard drives have been made? Who got sent what as email attachments?
Thứ Hai, 5 tháng 10, 2009
Cop Watch: Dallas Cop Tasers Himself, Goes to Hospital, Becomes Hit on Digg.Com
Last week, the video of a Dallas cop tasering himself was one of the Top Videos at Digg.com with over 1100 hits. The video itself (you can watch it below) is from a local TV newscast that starts out giving a map of the Dallas metroplex, just in case folk around here needed a visual to understand one of local law enforcement officers was the one involved.
Now, this isn't the first time we've blogged on Texas cops misusing tasers. Just check out this list of prior posts:
August 2009: Taser Death of Michael Jacobs
July 2009: Two Taser Stories ("Take it!!! Take it!!!" the cop cried while repeatedly using the Taser)
July 2009: Cops Taser the Pastor -- in the Church Parking Lot
June 2009: Cops Taser a 72 Year Old Grandma -- twice.
May 2009: Cops Taser the Town Drunk and Kill Him
April 2009: Cop Tasers His Own Wife
March 2009: Cops Taser the Father of the Bride at the Wedding Reception
Texas Cops Use of Tasers is a Serious Situation becoming a National Joke
It's becoming more and more serious when cops are actually hurting themselves (note from the video, the cop was taken to the hospital to get treatment for his injuries), websites like Digg.com are gathering an audience based upon the humor in the situation, and still -- nothing is being done to deal with TEXAS LAW ENFORCEMENT MISUSING STUN GUNS AND HURTING -- SOMETIMES KILLING -- PEOPLE.
When is the Texas Legislature going to take notice?????
Now, this isn't the first time we've blogged on Texas cops misusing tasers. Just check out this list of prior posts:
August 2009: Taser Death of Michael Jacobs
July 2009: Two Taser Stories ("Take it!!! Take it!!!" the cop cried while repeatedly using the Taser)
July 2009: Cops Taser the Pastor -- in the Church Parking Lot
June 2009: Cops Taser a 72 Year Old Grandma -- twice.
May 2009: Cops Taser the Town Drunk and Kill Him
April 2009: Cop Tasers His Own Wife
March 2009: Cops Taser the Father of the Bride at the Wedding Reception
Texas Cops Use of Tasers is a Serious Situation becoming a National Joke
It's becoming more and more serious when cops are actually hurting themselves (note from the video, the cop was taken to the hospital to get treatment for his injuries), websites like Digg.com are gathering an audience based upon the humor in the situation, and still -- nothing is being done to deal with TEXAS LAW ENFORCEMENT MISUSING STUN GUNS AND HURTING -- SOMETIMES KILLING -- PEOPLE.
When is the Texas Legislature going to take notice?????
Chủ Nhật, 27 tháng 9, 2009
Are you a legal assistant, we need you
The Baez Law Firm, P.C. is looking for a new legal assistant. We prefer have an assistant that knows about family law, but any other areas would help as well.
If you think that you got what it takes to work with a high pace, general practice law firm, send us your resume, references along with a letter of intent.
Applicants with litigation experience are a plus. If you have dealt with discovery, motions, pre trial and trial, your chances are very good.
Come see us, to see if you got what it takes.
If you think that you got what it takes to work with a high pace, general practice law firm, send us your resume, references along with a letter of intent.
Applicants with litigation experience are a plus. If you have dealt with discovery, motions, pre trial and trial, your chances are very good.
Come see us, to see if you got what it takes.
Thứ Hai, 21 tháng 9, 2009
Northwest Neighborhood Alliance gives homeowners collective clout
If you drive on an upgraded road, walk in a new city park or read a book in your neighborhood library, you can probably thank the Northwest Neighborhood Alliance.
From wider and safer roads, to more parks and green space to a reduction of “bandit signs” on utility poles, the NNA has taken neighborhood issues to City Hall and often gotten results.
It was formed in 1994 to give homeowners associations (HOAs) a united voice that elected officials could not ignore.
“The Northwest Neighborhood Alliance has worked hard to be the voice of the people in this part of city toward City Council and the state Legislature, especially in zoning matters,” said Chairwoman Margaret Tovar.
The alliance also represents property owners associations (POAs), community improvement associations (CIAs) and smaller groups and individuals (homeowner or renter) living within its boundaries, Tovar emphasized.
NNA covers northwest San Antonio between Loop 410 and Loop 1604 stretching from Highway 90 on the west to Interstate 10 on the east. It was formed by the late Ernani "Nani" Falcone, Dominick Dina and others to improve their community.
But its influence stretches beyond the northwest area, said Dina, vice chairman of NNA.
“The Northwest Neighborhood Alliance was the model for the (City Council) District 9 Neighborhood Alliance in the North Central area. And the District 10 Neighborhood Alliance in the Northeast area was modeled after the D-9 group,” Dina said.
All three alliances typically help individual HOAs with a local issue such as a traffic intersection, but also work on larger issues that impact their area. Over the years they have become two-way conduits for residents to their council member and vice versa.
The alliances also have been training areas for and incubators of future council members and mayors.
Former San Antonio mayors Howard Peak and Ed Garza worked with the NNA while current District 10 Councilman John Clamp previously was an official with D-10.
“Back in the 1990s, the Leon Creek Greenbelt Coalition was very active in preserving the Leon Creek waterway,” Dina said. “The Northwest Neighborhood Alliance, along with several NNA members, took active leadership roles which lead to Mayor Peak's linear parks initiative we enjoy today.”
In recent years the Northwest Neighborhood Alliance has been able to help bring major projects to its area, officials said.
Those projects include: a $5 million upgrade to Tezel Road with added lanes, better drainage and sidewalks; “co-locating” city services like a library and fire station next to each other; the 11-acre New Territories Community Park at Guilbeau and Old Tezel roads; a city crackdown on “bandit signs"– illegal signs attached to utility poles and in public right-of-way.
“We (NNA) showed if you work with the city, show logic in your goals and do your homework, things can happen,” Dina said.
“When the New Territories HOA went defunct, we were able to persuade the city to buy their three-acre complex that included a park and swimming pool. And several years later when an adjacent property came available we suggested the city buy it and now we have an 11-acre city park with trails, a pool and recreational courts,” he added.
Similarly, NNA worked to have multiple city services “co-located” near each other. The Falcone Community Park is across the street from a city library and fire station on Mystic Park, a road that connects Bandera and Guilbeau roads.
NNA is comprised of more than 30 neighborhood groups representing more than 30,000 homes, but the number of those groups that participate in regular meetings has dropped in recent years, said NNA member Jody Sherrill.
Tovar said: “We are working to get more involvement from all our members and from new neighborhood groups as well.”
The organization routinely monitors northwest side issues such as zoning cases and road construction projects and posts updates on those issues on its web site and isn't afraid to bend the ears of city, county and state officials.
NNA is gearing up for City Council redistricting expected to take place within a year or two of the 2010 census.
Dina said the organization's service area is spread over three council districts – 6, 7 and 8.
“Growth and the dynamics of individual council districts have changed. And the boundaries need to also change to reflect those dynamic. Districts should not be elongated like District 6 is now,” Dina said.
“A former District 6 representative said it felt like he had three districts in one because the dynamics of the three areas were so different,” he said.
Dina said the current geographic configuration of some council districts splits HOAs in half making things difficult for those HOAs and the alliance. “The split means dealing with more than one council member on an issue,” he said.
Dina and other NNA board members also favor having more than 10 council districts.
“Having 12 council districts will reduce the population in districts (some which have more than 100,000 people) and give residents better representation,” Dina said.
Tovar said other issues NNA is actively looking at include digital billboards and getting a raised median on Guilbeau Road at its intersection with Bandera Road.
Some motors try to make a quick left turn into several food establishments creating a dangerous situation at that intersection.
From wider and safer roads, to more parks and green space to a reduction of “bandit signs” on utility poles, the NNA has taken neighborhood issues to City Hall and often gotten results.
It was formed in 1994 to give homeowners associations (HOAs) a united voice that elected officials could not ignore.
“The Northwest Neighborhood Alliance has worked hard to be the voice of the people in this part of city toward City Council and the state Legislature, especially in zoning matters,” said Chairwoman Margaret Tovar.
The alliance also represents property owners associations (POAs), community improvement associations (CIAs) and smaller groups and individuals (homeowner or renter) living within its boundaries, Tovar emphasized.
NNA covers northwest San Antonio between Loop 410 and Loop 1604 stretching from Highway 90 on the west to Interstate 10 on the east. It was formed by the late Ernani "Nani" Falcone, Dominick Dina and others to improve their community.
But its influence stretches beyond the northwest area, said Dina, vice chairman of NNA.
“The Northwest Neighborhood Alliance was the model for the (City Council) District 9 Neighborhood Alliance in the North Central area. And the District 10 Neighborhood Alliance in the Northeast area was modeled after the D-9 group,” Dina said.
All three alliances typically help individual HOAs with a local issue such as a traffic intersection, but also work on larger issues that impact their area. Over the years they have become two-way conduits for residents to their council member and vice versa.
The alliances also have been training areas for and incubators of future council members and mayors.
Former San Antonio mayors Howard Peak and Ed Garza worked with the NNA while current District 10 Councilman John Clamp previously was an official with D-10.
“Back in the 1990s, the Leon Creek Greenbelt Coalition was very active in preserving the Leon Creek waterway,” Dina said. “The Northwest Neighborhood Alliance, along with several NNA members, took active leadership roles which lead to Mayor Peak's linear parks initiative we enjoy today.”
In recent years the Northwest Neighborhood Alliance has been able to help bring major projects to its area, officials said.
Those projects include: a $5 million upgrade to Tezel Road with added lanes, better drainage and sidewalks; “co-locating” city services like a library and fire station next to each other; the 11-acre New Territories Community Park at Guilbeau and Old Tezel roads; a city crackdown on “bandit signs"– illegal signs attached to utility poles and in public right-of-way.
“We (NNA) showed if you work with the city, show logic in your goals and do your homework, things can happen,” Dina said.
“When the New Territories HOA went defunct, we were able to persuade the city to buy their three-acre complex that included a park and swimming pool. And several years later when an adjacent property came available we suggested the city buy it and now we have an 11-acre city park with trails, a pool and recreational courts,” he added.
Similarly, NNA worked to have multiple city services “co-located” near each other. The Falcone Community Park is across the street from a city library and fire station on Mystic Park, a road that connects Bandera and Guilbeau roads.
NNA is comprised of more than 30 neighborhood groups representing more than 30,000 homes, but the number of those groups that participate in regular meetings has dropped in recent years, said NNA member Jody Sherrill.
Tovar said: “We are working to get more involvement from all our members and from new neighborhood groups as well.”
The organization routinely monitors northwest side issues such as zoning cases and road construction projects and posts updates on those issues on its web site and isn't afraid to bend the ears of city, county and state officials.
NNA is gearing up for City Council redistricting expected to take place within a year or two of the 2010 census.
Dina said the organization's service area is spread over three council districts – 6, 7 and 8.
“Growth and the dynamics of individual council districts have changed. And the boundaries need to also change to reflect those dynamic. Districts should not be elongated like District 6 is now,” Dina said.
“A former District 6 representative said it felt like he had three districts in one because the dynamics of the three areas were so different,” he said.
Dina said the current geographic configuration of some council districts splits HOAs in half making things difficult for those HOAs and the alliance. “The split means dealing with more than one council member on an issue,” he said.
Dina and other NNA board members also favor having more than 10 council districts.
“Having 12 council districts will reduce the population in districts (some which have more than 100,000 people) and give residents better representation,” Dina said.
Tovar said other issues NNA is actively looking at include digital billboards and getting a raised median on Guilbeau Road at its intersection with Bandera Road.
Some motors try to make a quick left turn into several food establishments creating a dangerous situation at that intersection.
Timberwood Park POA takes control of common areas
After 30 years of managing Timberwood Park's common areas, the Timberwood Development Co. (TDC) is passing the mantle to the far North Side development's property owner association.
Since Timberwood Park's inception, TDC has managed and maintained the subdivision common areas, including entrance ways to Timberwood Park as well as a 30-acre recreational park available to all residents.
Cindy Griffin, president of Timberwood Park Property Owners Assocation (TPPOA), said the turnover was approved in 2001 but because of the large size of the 2,500-acre development, the process to make TPPOA the managing entity has taken time.
“This was a mutually-agreed-upon decision. The developers felt that their interests were well-protected and they had reached a point where their goals had been met,” Griffin said.
“The biggest change is that we are becoming self-managing and will be better able to ascertain how monies are spent. For example, if we want to build a new playground or make other improvements, we can do so without having to get approval from TDC.”
Chuck Krause, president of TDC, said it has always been the intention of TDC to turn over control and maintenance of the common areas to TPPOA and added that the turnover was made possible as TDC's obligation to maintain roads in Timberwood Park came to a close.
Krause said almost all of Timberwood Park's 43 miles of roads are now maintained by Bexar County with the exception of a few development units being completed at this time.
With a population of about 10,000, the Timberwood Park subdivision lies just north of Stone Oak, with U.S. 281 and Blanco Road serving as its east and west boundaries. The development abuts the city of Bulverde and is located in the Comal Independent School District.
Griffin said that as TPPOA assumes management of the development's common areas, it will begin collecting monthly assessments from about 2,600 homeowners. She said the turnover will not be officially complete until Dec. 31, 2010, but added that the transition is already underway.
Griffin said the majority of collected funds will be used to operate, maintain, and enhance the development's park, which contains a swimming pool, six-hole golf course, seven-acre fishing lake, playground, clubhouse with exercise facility, pavilion, and walking trails.
While TDC manager Jason Gale said most residents won't notice a discernible difference as TDC hands over the reins, Griffin said most of Timberwood Park's residents are “more than happy” that the property owners association is assuming management of the development's recreational facilities.
“Our priorities are different from TDC. We will now be property-owner driven and our interest will be to maintain the park at a level that is satisfactory to the Timberwood Park residents,” Griffin said.
“We are thrilled that the common areas will now belong to the property owners of Timberwood Park.”
Griffin, who has been president of TPPOA since 2006 and was involved in much of the turnover negotiations, said she is delighted with the smooth transition thus far.
“A lot of other turnovers between developers and property owner associations are contentious, but this is not the case with us,” she said.
By By Laura Mrachek
Since Timberwood Park's inception, TDC has managed and maintained the subdivision common areas, including entrance ways to Timberwood Park as well as a 30-acre recreational park available to all residents.
Cindy Griffin, president of Timberwood Park Property Owners Assocation (TPPOA), said the turnover was approved in 2001 but because of the large size of the 2,500-acre development, the process to make TPPOA the managing entity has taken time.
“This was a mutually-agreed-upon decision. The developers felt that their interests were well-protected and they had reached a point where their goals had been met,” Griffin said.
“The biggest change is that we are becoming self-managing and will be better able to ascertain how monies are spent. For example, if we want to build a new playground or make other improvements, we can do so without having to get approval from TDC.”
Chuck Krause, president of TDC, said it has always been the intention of TDC to turn over control and maintenance of the common areas to TPPOA and added that the turnover was made possible as TDC's obligation to maintain roads in Timberwood Park came to a close.
Krause said almost all of Timberwood Park's 43 miles of roads are now maintained by Bexar County with the exception of a few development units being completed at this time.
With a population of about 10,000, the Timberwood Park subdivision lies just north of Stone Oak, with U.S. 281 and Blanco Road serving as its east and west boundaries. The development abuts the city of Bulverde and is located in the Comal Independent School District.
Griffin said that as TPPOA assumes management of the development's common areas, it will begin collecting monthly assessments from about 2,600 homeowners. She said the turnover will not be officially complete until Dec. 31, 2010, but added that the transition is already underway.
Griffin said the majority of collected funds will be used to operate, maintain, and enhance the development's park, which contains a swimming pool, six-hole golf course, seven-acre fishing lake, playground, clubhouse with exercise facility, pavilion, and walking trails.
While TDC manager Jason Gale said most residents won't notice a discernible difference as TDC hands over the reins, Griffin said most of Timberwood Park's residents are “more than happy” that the property owners association is assuming management of the development's recreational facilities.
“Our priorities are different from TDC. We will now be property-owner driven and our interest will be to maintain the park at a level that is satisfactory to the Timberwood Park residents,” Griffin said.
“We are thrilled that the common areas will now belong to the property owners of Timberwood Park.”
Griffin, who has been president of TPPOA since 2006 and was involved in much of the turnover negotiations, said she is delighted with the smooth transition thus far.
“A lot of other turnovers between developers and property owner associations are contentious, but this is not the case with us,” she said.
By By Laura Mrachek
Chủ Nhật, 13 tháng 9, 2009
Filing Deadlines
See 9.003 of the TX Family Code
A suit to enforce the division of tangible personal property in existence at the time of the decree of divorce or annulment must be filed before the SECOND ANNIVERSARY of the date of the decree or becomes final after appeal, whichever is LATER, or the suit is barred.
A suit to enforce the division of tangible personal property in existence at the time of the decree of divorce or annulment must be filed before the SECOND ANNIVERSARY of the date of the decree or becomes final after appeal, whichever is LATER, or the suit is barred.
My employer does not want to withhold child support
Check out Chapter 8, Subchapter E (Rights and duties of Employer) in the TX Family Code.
Employers are ORDERED to withhold child support if they receive the right paperwork from the court.
The employer may deduct a small administrative fee for doing this paperwork.
Employers are ORDERED to withhold child support if they receive the right paperwork from the court.
The employer may deduct a small administrative fee for doing this paperwork.
Keeping paperwork
I encourage everyone to keep all copies of their records until the youngest child turns 22.
The OBLIGOR needs to keep all tax returns, all TX A G corrrespondence, pay stubs, copies of all child support payments, etc.
Some employers withhold child support from an employee's paycheck but they don't send the money to the TX A G office. If you can prove that the money was withheld from your paycheck, then you are innocent and the employer can be held in contempt of court for NOT mailing the money in.
The OBLIGOR needs to keep all tax returns, all TX A G corrrespondence, pay stubs, copies of all child support payments, etc.
Some employers withhold child support from an employee's paycheck but they don't send the money to the TX A G office. If you can prove that the money was withheld from your paycheck, then you are innocent and the employer can be held in contempt of court for NOT mailing the money in.
Maximum amout of child support withheld from earnings
The maximum amount of money to be withheld by an employer for an obligor's disposable earnings is 50%.
However, the obligor is obligated for 100% of the child support ordered.
Therefore, if a obligor takes a lessor paying job, the obligor needs to file a MODIFICATION to reduce the child support ordered.
If an employer does not withhold the right amount of money, the obligor is responsible.
In summary, carefully review each paystub to make sure that your child support is being withheld.
However, the obligor is obligated for 100% of the child support ordered.
Therefore, if a obligor takes a lessor paying job, the obligor needs to file a MODIFICATION to reduce the child support ordered.
If an employer does not withhold the right amount of money, the obligor is responsible.
In summary, carefully review each paystub to make sure that your child support is being withheld.
How to terminate spousal support
Chapter 8.056
The obligation terminates on the death of either party OR on the remarriage of the obligee.
Or, after a hearing, the court shall terminate the maintenance order if the obligee cohabits with another person in a permanent place of abode on a continuing, conjugal basis.
The obligation terminates on the death of either party OR on the remarriage of the obligee.
Or, after a hearing, the court shall terminate the maintenance order if the obligee cohabits with another person in a permanent place of abode on a continuing, conjugal basis.
Alimony has come to Texas!
TX Family Code Chapter 8 -- Maintenance.
We call alimony "spousal maintenance" in Texas.
However, spousal maintenance is limited in Texas. With some minor exceptions, the basic requirements are that the party seeking maintenance must have been married 10 years and be unable to be self-supporting.
The monthly payment is limited to no more than $2,500 or 20% of the payor's income, whichever is LESS.
Alimony is generally limited to no more than 3 years. However, if the former spouse is physically or mentally disabled, payments may extend for AS LONG AS THE DISABILITY CONTINUES.
Texas now allows a wage-withholding order to help the spouse collect their spousal maintenance.
Dividing retirement
During the marriage until the date of divorce, all retirement (401(k), pension, etc.) is usually divided 50%-50%.
In order to divide these benefits, the Judge must sign a QDRO document - Qualified Domestic Relations Order that is then sent to the employer(s) who divides the employees plan.
Anything BEFORE marriage is separate property.
In Texas, since we don't have legal separation, the community property continues to grow/decrease until the date of the divorce.
FYI: However, some plans are NOT divisable. The railroad has a retirement that states they will NOT divide this benefit EVEN if ordered to do so by a court.
In order to divide these benefits, the Judge must sign a QDRO document - Qualified Domestic Relations Order that is then sent to the employer(s) who divides the employees plan.
Anything BEFORE marriage is separate property.
In Texas, since we don't have legal separation, the community property continues to grow/decrease until the date of the divorce.
FYI: However, some plans are NOT divisable. The railroad has a retirement that states they will NOT divide this benefit EVEN if ordered to do so by a court.
Diving community property
The judge must determine what is "just and right" property division.
This does NOT mean a 50%-50% split.
This does NOT mean a 50%-50% split.
Remarriage
You need to wait 30 days before you marry -- unless:
1. you decide the spouse you just divorced or
2. the Judge signed a Waiver of 30 day Waiting Period so you can immediately marry someone else.
1. you decide the spouse you just divorced or
2. the Judge signed a Waiver of 30 day Waiting Period so you can immediately marry someone else.
Free booklet for New Dads
If you just found out that you are going to be a "dad" then get a copy of "MAPS FOR NEW DAD".
Published by the Healthy Families of San Angelo, 200 S. Magdalen, San Angelo, TX 76903 or http://www.hfsatx.com/ or 325-658-2771
Or go to the Texas Attorney General's website at http://www.oag.state.tx.us/ for a copy.
Congratulations!!
Published by the Healthy Families of San Angelo, 200 S. Magdalen, San Angelo, TX 76903 or http://www.hfsatx.com/ or 325-658-2771
Or go to the Texas Attorney General's website at http://www.oag.state.tx.us/ for a copy.
Congratulations!!
I live in Harris County and cannot afford to hire an attorney. What do I do?
Houston Volunteer Lawyers Program at 713-228-0732. Or try Lone Star Legal. The law schools also have legal clinics -- in Houston they are:
University of Houston Law School, South Texas College of Law and Texas Southern University.
You can also check the State Bar of Texas for other pro bono (free) legal assistance.
University of Houston Law School, South Texas College of Law and Texas Southern University.
You can also check the State Bar of Texas for other pro bono (free) legal assistance.
Popular Child Support Terms
CP - custodiay parent - the person who has primary care, custody and control of the child.
Obligee - the perso who receives child support
Obligor - the person who pays child support
NCP - the parent who does not have primary care, custody and control of the child.
Paternity - legal determination of fatherhood
DNA - the test done (with a mouth swab) to determine if the man is the biological father of the child. These results are very accurate.
Default judgment - a judgment entered when a person fails to response to any legal action or fails to appear in court.
Arrearage - past due and unpaid child support that is owed by the NCP
Child support modification - a court-ordered change to a child support order
Court order -- a directive signed by the court
Acknowledgment of Paternity (AOP) - a document that both unmarried parents can voluntarily sign to establish legal paternity for their child without going to court.
Obligee - the perso who receives child support
Obligor - the person who pays child support
NCP - the parent who does not have primary care, custody and control of the child.
Paternity - legal determination of fatherhood
DNA - the test done (with a mouth swab) to determine if the man is the biological father of the child. These results are very accurate.
Default judgment - a judgment entered when a person fails to response to any legal action or fails to appear in court.
Arrearage - past due and unpaid child support that is owed by the NCP
Child support modification - a court-ordered change to a child support order
Court order -- a directive signed by the court
Acknowledgment of Paternity (AOP) - a document that both unmarried parents can voluntarily sign to establish legal paternity for their child without going to court.
what if I suspect child abuse?
Call the Department of Family and Protective Services at 1-800-252-5400.
Incarcerated parents and child support
If you are in prison, your obligation to pay chld support does NOT go away.
The amount you owe will continue to add up and you will be charged interest (6%) on any unpaid child support.
Eventually, you will be paying interest on interest.
If you have the ability to pay child support while in prison (savings or investments, etc.) it is in your best interest to pay your child support.
You can request a modification to your child support due to incarceration, but the judge is not obligated to reduce your child support.
The amount you owe will continue to add up and you will be charged interest (6%) on any unpaid child support.
Eventually, you will be paying interest on interest.
If you have the ability to pay child support while in prison (savings or investments, etc.) it is in your best interest to pay your child support.
You can request a modification to your child support due to incarceration, but the judge is not obligated to reduce your child support.
Free Texas publications on family law
Go to the Texas Attorney General's website (http://www.texasattorneygeneral.gov/) for free publications for Texas residents. Available in English and Spanish.
Child Safety - http://www.txdps.state.tx.us/ and click on CHILD PASSENGER SAFETY INFORMATION.
Centers for Disease Control: Health topics for infants and children:
http://www.cdc.gov/
type in "infants and children" in the search box for information.
Family law: 866-292-4636 or visit http://www.txaccess.org/
Child Safety - http://www.txdps.state.tx.us/ and click on CHILD PASSENGER SAFETY INFORMATION.
Centers for Disease Control: Health topics for infants and children:
http://www.cdc.gov/
type in "infants and children" in the search box for information.
Family law: 866-292-4636 or visit http://www.txaccess.org/
What is Paternity?
Paternity means legal fatherhood. When a baby is born to unmarried parents, the law does not recognize the biological father as the legal father. Paternity needs to be established.
Call the Paternity Opportunity Program (POP) at 866-255-2006 if you have any questions.
Call the Paternity Opportunity Program (POP) at 866-255-2006 if you have any questions.
What if I want to make my child support payment in cash?
I do not recommend mailing cash to the TX C.S. Disbursement Unit in San Antonio.
You can make cash payments to grocery stores. The store might charge a small fee for providing this service. You should receive a receipt and I highly recommend that you keep all proof of payments until your youngest child turns 22.
To find a location go to http://www.oag.state.tx.us/ to find a location near you.
You must fill out the retailer's payment form. It will probably ask for your full name, the custodial parent's full name, OAG number and the account number.
You can make cash payments to grocery stores. The store might charge a small fee for providing this service. You should receive a receipt and I highly recommend that you keep all proof of payments until your youngest child turns 22.
To find a location go to http://www.oag.state.tx.us/ to find a location near you.
You must fill out the retailer's payment form. It will probably ask for your full name, the custodial parent's full name, OAG number and the account number.
TX Child Support Payments
All child support payments should be sent to: Texas Child Support Disbursement unit, P O Box 659791, San Antonio, TX 78265-9791
On the internet you can visit the TX A G website at http://www.oag.state.tx.us/
24 hour payment & case status information: 800-252-8014
On the internet you can visit the TX A G website at http://www.oag.state.tx.us/
24 hour payment & case status information: 800-252-8014
Thứ Năm, 10 tháng 9, 2009
I got served legal papers -- now what do I do?
File a document at the courthouse called "AN ANSWER". It lets the judge know that you want to be involved in the lawsuit.
If you do nothing, a default judgment can be taken against you.
I sell ANSWERS for $25.
They are free to file at the courthouse. You need to have at least 3 copies -- the original goes to the court, you keep a copy and you send a copy to the opposing attorney (the one who served you!).
If you do nothing, a default judgment can be taken against you.
I sell ANSWERS for $25.
They are free to file at the courthouse. You need to have at least 3 copies -- the original goes to the court, you keep a copy and you send a copy to the opposing attorney (the one who served you!).
Alternative Dispute Resolution
Chapter 6 - Subchapter G of the TX Family Code covers ADR or mediation.
Many counties will not allow a case to go to trial until the parties have attempted ADR.
Some courts require mediation BEFORE they will hear a temporary order hearing.
Many counties will not allow a case to go to trial until the parties have attempted ADR.
Some courts require mediation BEFORE they will hear a temporary order hearing.
What are temporary orders?
Temporary orders attempt to balance the rights of the parties with respect to temporary restraining orders, temporary injunctions and other orders.
For example, wife makes $1million a year. Husband is disabled and unable to work. Wife controls all the money. Wife could be ordered to support Husband during the divorce and pay his attorney fees.
Most courts want to make sure that assets are protected and debts paid during the divorce process. Most people's biggest asset is their home. The courts don't want the home to go into foreclosure. Therefore, a spouse could be ordered to make the payments during the divorce process.
The FINAL DECREE OF DIVORCE settles the property division. The temporary orders are just "band-aid" orders. They are not designed to "settle" disputes. They are designed to make sure the parties do not end up homeless or unable to afford necessities such as electricity and medication.
For example, wife makes $1million a year. Husband is disabled and unable to work. Wife controls all the money. Wife could be ordered to support Husband during the divorce and pay his attorney fees.
Most courts want to make sure that assets are protected and debts paid during the divorce process. Most people's biggest asset is their home. The courts don't want the home to go into foreclosure. Therefore, a spouse could be ordered to make the payments during the divorce process.
The FINAL DECREE OF DIVORCE settles the property division. The temporary orders are just "band-aid" orders. They are not designed to "settle" disputes. They are designed to make sure the parties do not end up homeless or unable to afford necessities such as electricity and medication.
What is a publication divorce?
Basically, you cannot locate your spouse. You want a divorce. You can file a request for the court to allow you to do a "publication" divorce. It slows down the divorce process. You must do it exactly correctly or it won't work.
Now with the internet, most courts require that you make a detailed search. Many courts will appoint an attorney to find the spouse. YOU get to pay for their time and costs -- start at $500 to $2,000.
It saves you much and time to locate your spouse!
Now with the internet, most courts require that you make a detailed search. Many courts will appoint an attorney to find the spouse. YOU get to pay for their time and costs -- start at $500 to $2,000.
It saves you much and time to locate your spouse!
What are the names of some of the pleadings in a divorce?
1. PETITION --is filed to start the clock ticking. It can be a very short document (2 pages) that do not include any identifying information (such as social security numbers, date of birth or TX driver's license number).
2. A WAIVER OF SERVICE - everyone has the right to know that they are being sued. In order for this to be done, a person approved by the court to "serve" papers on the opposing party must hand the papers to the person then file a notarized affidavit with the court.'
In lieu of service, the party can file a WAIVER OF SERVICE that basically states they know of the pending lawsuit (aka divorce) and they don't want to be served with legal papers.
3. FINAL DECREE OF DIVORCE - At the end of the case, a legal document is prepared for the judge to sign. It states how things will be divided by the parties.
4. In Texas a form known as a BVS FORM needs to be completed and submitted at the same time the FINAL DECREE is submitted to the Court.
The court sends it to Austin, Texas. Before Texas started doing this, it was difficult to determine if people were divorced. They would need to search county by county. Now they just have to file some paperwork and pay a small fee to see if they are divorced.
2. A WAIVER OF SERVICE - everyone has the right to know that they are being sued. In order for this to be done, a person approved by the court to "serve" papers on the opposing party must hand the papers to the person then file a notarized affidavit with the court.'
In lieu of service, the party can file a WAIVER OF SERVICE that basically states they know of the pending lawsuit (aka divorce) and they don't want to be served with legal papers.
3. FINAL DECREE OF DIVORCE - At the end of the case, a legal document is prepared for the judge to sign. It states how things will be divided by the parties.
4. In Texas a form known as a BVS FORM needs to be completed and submitted at the same time the FINAL DECREE is submitted to the Court.
The court sends it to Austin, Texas. Before Texas started doing this, it was difficult to determine if people were divorced. They would need to search county by county. Now they just have to file some paperwork and pay a small fee to see if they are divorced.
Do I have to go to court to get a divorce?
Yes. Even if everything is agreed, one of the parties MUST appear before the court and under oath swear to a series of statements such as state your full legal name, this decree is just and fair, and judge please sign this decree.
There are ways to do this if the person is stationed overseas in the military.
Then you do a notarized statement that is read into the court record.
IF AN ATTORNEY SAYS YOU NEVER NEED TO GO TO COURT, in the State of Texas, this is untrue.
If you don't appear and "prove up the divorce" eventually the Court will dismiss your pending lawsuit (aka divorce) and you will still be married!
There are ways to do this if the person is stationed overseas in the military.
Then you do a notarized statement that is read into the court record.
IF AN ATTORNEY SAYS YOU NEVER NEED TO GO TO COURT, in the State of Texas, this is untrue.
If you don't appear and "prove up the divorce" eventually the Court will dismiss your pending lawsuit (aka divorce) and you will still be married!
Residency requirments to divorce in Texas
In order for a TX court to grant a divorce either the petitioner or respondent must have lived in Texas for the preceding 6 months AND been a resident of the county where the suit is filed for at least 90 days.
So, once you file for divorce, you can move.
I've had people take jobs out of state and come back after the 60 day waiting period and appear in front of the judge under oath and ask for a divorce.
So, once you file for divorce, you can move.
I've had people take jobs out of state and come back after the 60 day waiting period and appear in front of the judge under oath and ask for a divorce.
Grounds for Annulment
Grounds for annulment are limited in Texas.
See Chapter 6 - Subchapter B - Grounds for Annulment in the TX Family Code.
Here are some of the reasons: a. underage marriage -- but that goes away the moment the underage person turns 18!!; b. under the influence of alcohol or narcotics -- so you did not mean to get married -- the famous "Las Vegas" marriages. But if you stay then this option goes away & you just need a divorce; c. Impotency; d. mental incapacity; e. fraud, duress or force; f. concealed divorce; g. marriage occurred less than 72 hours after issuance of license.
Sometimes it's just easier to file for divorce.
So if you were sober and married 80 hours after the marriage license was issued and you went on your honeymoon and discovered that your spouse was a "jerk", annulment won't work. Being "stupid" is not enough to get an annulment.
In practicing law for over 18 years, I've done 3 annulments!
See Chapter 6 - Subchapter B - Grounds for Annulment in the TX Family Code.
Here are some of the reasons: a. underage marriage -- but that goes away the moment the underage person turns 18!!; b. under the influence of alcohol or narcotics -- so you did not mean to get married -- the famous "Las Vegas" marriages. But if you stay then this option goes away & you just need a divorce; c. Impotency; d. mental incapacity; e. fraud, duress or force; f. concealed divorce; g. marriage occurred less than 72 hours after issuance of license.
Sometimes it's just easier to file for divorce.
So if you were sober and married 80 hours after the marriage license was issued and you went on your honeymoon and discovered that your spouse was a "jerk", annulment won't work. Being "stupid" is not enough to get an annulment.
In practicing law for over 18 years, I've done 3 annulments!
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