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.

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

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.

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.

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To 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.

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.

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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?