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Felicia Montoya has become the newest face and voice of our law firm. Ms. Montoya has extensive customer service experience and skills that would be helpful to all our clients and prospective clients.

Ms. Montoya is a native San Antonian. She is married and has two children. Call us today (210) 979-97777 and you will hear her voice and see for yourself her professionalism and enthusiasm which its very contagious.

The Baez Law Firm is a general practice law firm that cares about your legal needs. We are San Antonio lawyers and attorneys that will handle your case with respect and dignity.

When you need attonreys to handle your personal injury case, family law, criminal law, business law, consumer law, bankruptcy law, appeals, or any other area of law, you need our legal team.

Social Study Evaluations

I've read some Social Studies by caseworkers that are very scary. Some workers put in all sorts of "gossip" and heresay. Some of the workers are good and some are bad.



For example, if a person is nervous, they might put in that the person is "hiding things" "frightened" or other negatives adjectives that might alarm the judge.



The judges read these social study evaluations carefully.



In one case, maternal grandmother was the primary caregiver of the minor children.  The father's family all reported that the maternal grandmother gambled a lot and was not present to care for the children.  The maternal grandmother's family claimed that grandmother never gambled and that they were all lying.  (It is difficult to prove the negative.)  But since grandmother did not drive it was difficult for her to travel to Louisiaina for her to gramble. 

What should you do to prepare for a social study evaluation?



Make sure that your home is spotless.



Be sure there is food in the refrigerator and pantry



Look good when the worker visits.



Make sure the kid(s) look good.



Offer the worker something to eat and drink



Give the worker a list of friends and family to contact - be sure that these people know that they will be contacted and/or visited and be sure they have a "script" of what they are going to say

You need to include each persons name, address and phone number along with a brief descripton of what they can tell the worker about you and the other party



Have a photo album available to show the worker of you and the child(ren) of happy times (birthdays, holidays, vacations)

It's nice to include photos of the other parent when the family was still together



Be sure you interact with the child(ren) appropriately



Be sure you appropriately discipline the child(ren) in his/her presence if the child(ren) misbehave



DO NOT HIT THE KIDS OR SCREAM AT THE KID(S)



Be sure to act lovingly to the child(ren) & touch them -- but don't hold the child(ren) the entire visit



Don't bad mouth the other person (and family) totally -- remember that at one time you chose to be in a relationship with this person and to have child(ren) with this person!



If you have written evidence (recordings, emails, etc.) give a copy to the worker for their records



Everything you say to them can go into their report



Don't make casual remarks ("I could just kill myself" or "sometimes I cry myself to sleep I'm so depressed") because it will be in their report!



The worker is going to ask you a lot about you and your past - be prepared to answer it & be prepared to have a list of references to give to worker to verify what you are telling the worker

Your age

Your family

Your education

Your employment

Your health

Your religious background

Places you have lived

You need to be prepared to discuss your entire life in a few short minutes

Need a criminal defense attorney in San Antonio, come see us

The Baez Law Firm has been helping the wrongfully accused in San Antonio successfully. We have a talented group of attorneys and paralegals that prepare your case with respect and dignity, and that is true with our new addition of Hector Gonzales III to our staff as an of counsel to the firm.

We have San Antonio Lawyers and San Antonio Attorneys here to help you with your legal needs. The secret to our success is that we do not defend criminals, we defend the wrongfully accused. Since the District Attorney's Office do their job, you need some one to do the job for you, and that is when we come in.

We will prepare an honest, efficient and talented defense for your case base on the facts and true. As we say it, and the truth shall set you free. That is our model, and we will continue to fight for your legal needs in San Antonio.

Come see us, and you will know why we are so good at what we do, because we care about your legal needs. Let us help you with your legal problems. Let us be your legal team.

Do It Yourself Divorce Kits from Radio orTelevision Ads

I have seen many of them.



Most of them are "trash". Sorry! You get what you pay for.



If they are from California, Washington, Florida, New York, or Colorado they do not contain the right information that the Texas judges want.



They don't look right and they don't have the "Texas wording" the Judges are used to seeing.



You need to listen to the spokesman in the ad carefully.  The ad is carefully written.  These companies are making millions of dollars on people trying to save money!  They are laughing all the way to the bank.  They are counting on your fear of attorneys and your desire to save money.



The first thing I would want to know is - how long is their guarantee?  If it is less than 90 days - FORGET IT.  Their gurantee is worthless for a Texas divorce. 



A divorce in less must be on file for more than 60 days.  So you won't know if their kit works if their gurantee is less than 75 days! 



Do they use the word "matrimonial"? If so, that shows that it was not prepared by a Texas lawyer. We just don't use that word in Texas.

Do you have a BVS form? It is required in Texas for your divorce to be finalized in Harris County. The kits sold on the internet, radio and t.v. don't include it. Why? Because those guys have never set foot in Texas

Have I scared you yet!


Do check off the "right" answers? 

Do you have any idea how much the judges hate these forms?

Do you have any idea how many people can't even fill these forms out correctly?

Do you realize that if you fill these forms out wrong - you are struck with the answers?



If you own any real estate, you are really doing setting yourself up for disaster in the future that require thousands of dollars in legal fees to "fix" the mess you are creating in this "quicky" divorce.



Many people think they are saving money by using an on-line divorce form.  However, in reality, they are actually going to be spending a lot more money by having to hire an attorney later to fix their legal mess later!



It's easier to hire an attorney early than to hire an attorney later to fix a legal disaster!



If you can't figure it out, then I charge $150 an hour, to sit down with you and try to figure what what you are trying to do.



Or you can go to my website WWW.FAMILYLAW4U.COM and look at my DO IT YOURSELF will kits.

713-847-6000

ADR Conflict Resolution & Mediation Exchange Comments on Linkedin.com

I am a member of the www.linkedin.com group on ADR, Conflict Resolution & Mediation Exchange.





This week an interesting question was posted that generated a lot of interesting answers.



The question that was posted was: “What single phrase or mantra do you use to support yourself when the going gets tough in supporting others to resolve conflicts or when you are in conflict with others?"







Here are samples of some of my favorite answers – some serious and some not so serious:







• “Trust the process” is one I have found useful



• “Stay curious” – especially when I am in conflict with others. I will also sometimes adopt the Alice in Wonderland phrase “curiouser and curiouser” to do “deepening work” in a mediation



• Anger is a vehicle of communication that always carries a message. The person who expresses anger is trying to present information. Often it is information that, without the anger, he wouldn’t have the courage to express…



• I try to focus on the underlying message, not necessarily the expressed emotion or the surface message. I guess my mantra would be “I wonder what is underneath this”



• If this were easy, anyone could do it



• Expect emotion, not logic and respect emotions of others



• I have found that emotions are 80% and logic is 20%, and when we negate the emotions of the other we are insulting and irritating the persons more. Respect their feelings, feelings are never right or wrong, so don’t use logic to analyze the feelings. Show empathy and compassion for them, and slowly the logic will surface.



• Anger is like quicksand; the more you fight or try to control it, the deeper you sink…Bottom line, personal perspective of the situation is paramount. What am I feeling? What am I thinking? My mantra is “It’s all good”



• Think outside the box



• Conflict is usually emotionally driven and not logic driven



• I take my ego out of the process and let the “magic” happen



• I am visualizing my hands slowly closing around your neck



• Lets take a step back and evaluate how you would advise someone if they were in the same situation – evaluative role playing at its best



• My primary role is to actively listen. Most people just want someone to HEAR them and acknowledge their pain in a safe environment.



• It will unfold



• I am the guardian of the process; I am not in charge of the outcome



• Breathe



• Goddess, let me be a channel for your peace, your love and your clarity



• Stay present and pay attention



• KISS – keep it simple & short



• Patience is a virtue



• I think to myself after I just heard something alarming…take a couple of deep breathes, remain calm, do not let my face show any strong reaction, don’t say anything to inflame the situation, be thankful that this is one mistake that I chose not to make in this life & remember there are 2 sides to every story



• I’ve observed that for some people I am exposing them to a completely new way of conflict resolution that they have never tried before



• The alternative to resolving this dispute is playing the mutual game of death by a thousand bleeding wounds inflicting on each other – day after day – month after month – year after year. One of you wins a bloody victory not worth winning – the other a loss – marked by pain, suffering, financial loss and the empty feeling of frustration. This war needs to be ended now.



• When I have finished listening to someone in a conflict, I say that I understand the complainant’s point of view and then look for common threads in all arguments to reach a mutually acceptable resolution. You know you have been successful in mediation when both sides are a little bit on happy. One of my clients stated that after a successful mediation.



• Take light things seriously, and seriously things lightly



• As self talk, “stay calm, be courageous, and watch for the signs”



• My favorite is “trust the process”



• Do I have a dog in this hunt?



• The 2 most liberating phrases for me are “I don’t know” and “you may be right”



• I like one my mother used to say – “this too shall pass

DPS Trooper Shoots Driver After Pulling Him Over For Speeding

Yesterday morning -- very early, about 1 AM -- on Interstate 45 in Montgomery County, not too far from Willis, Texas, a DPS Trooper was setting in his squad car, monitoring the radar as traffic rolled past him.  Weather reports show that while the area had seen lots of rain in the aftermath of Hurricane Alex, it wasn't raining at the time. 

Zip, zip:  a car sped by.  Radar clocked it at 100 mph. 

The Department of Public Safety officer drove off in pursuit, and soon enough the race ended.  The speedster stopped his car on I 45, just north of the Interstate 45 and Longstreet intersection. 

No crash.  No weaving through rush hour traffic.  Guy was driving fast at night on a lonely stretch of road, got caught by radar, and DPS was about to give him a big, fat ticket.  

But then, something happened -- and we're still not sure what that was except that the Montgomery County media has been informed that a "physical altercation" happened there on the roadside between the Trooper and the driver.  MyFox Houston is reporting that the guy tried to "resist arrest."  No source given.   The Houston Chronicle is reporting that the man exited his vehicle after being pulled over, and somehow the Trooper "feared for his safety" and shot the guy.  No source given.

What we are sure about:  the driver was shot.  By the DPS Trooper. 

And it was a serious gunshot wound:  first, the wounded driver was taken by emergency medical crew to Hermann Hospital in the Woodlands.  Later, he was LifeFlighted to Hermann Medical Center in Houston, and at last report, he's remains in critical condition.

Critical, as in this guy almost died and he's not out of the woods yet. 

It's reported that several agencies are investigating this incident.  The Texas Rangers are involved.  So is the Montgomery County Sheriff's Department, and the Montgomery County District Attorney.

No reports that the driver was armed in any way.  No weapon -- and it's pretty safe to bet that if this guy had a gun, or a knife, or some wild Martial Arts gizmo, that the DPS representatives would be hot to give the press that info at the get-go. 

So, looks like the guy was not armed. 

No dashcam video has been released, which might help to explain things -- and one has to wonder what story that camera may tell.  Remember the beatings caught on video when the Beaumont cops pulled over the two men over in a routine traffic stop?  It took two years before that video was released to the public (watch it here).

Why Did the Trooper Choose the Hand Gun Over a Stun Gun?

What about those Tasers?  We've reported cops tasering drunks, grandmas, the mentally ill, a pastor, and even their spouses -- if the Trooper "feared for his safety" wasn't this the perfect opportunity to use a stun gun?  The phrase "excessive force" comes to mind ....

We've already written about Montgomery County's problem with tasers -- the Sheriff's Department was involved in the Taser death of suspect Robert Lee Welch, 50 years old, and it was ruled a homicide by Taser last February. Does this mean that the Trooper was so wary of using a Taser that he pulled his GUN instead?

What's to learn here? 

Cops are humans with weapons that can kill you, strapped to their sides.  When they pull you over, you need to be careful.  They can shoot you.  We know, because they do. 

Under What Circumstances are Texas Businesses Required to Pay Franchise Taxes?

A business that is considered a taxable entity is required to pay a state franchise tax if it is a partnership, limited liability partnership, corporation, banking corporation, savings and loan association, limited liability company, business trust, professional association, business association, joint venture, joint stock company, holding company, or other legal entity.

A business that is not considered a taxable entity does not have to pay a state franchise tax if it is a sole proprietorship, or a general partnership that is directly and solely owned by natural persons, unless it is a limited liability partnership. (A natural person is a human being as opposed to a legal entity, such as a corporation, limited liability company, partnership or trust.) Also, a business is not a taxable entity if it is an exempted or passive entity as defined by the Texas Tax Code. Exemptions from federal taxation may also be granted under Internal Revenue Code (IRC) Section 501(c) (2), (3), (4), (5), (6), (7), (8), (10), (16), (19) or (25). If your business has not received this federal exemption, it may still qualify for exemption from the franchise tax. For more information about whether your business is exempted, visit the Texas Comptroller of Public Accounts website. (http://www.window.state.tx.us/taxinfo/franchise/)

A business is a passive entity if it is a general or limited partnership, it does not receive more than 10 percent of its federal gross income from conducting an active trade or business, and at least 90% of the entity's federal gross income comes from specified passive sources such as dividends, interest, income from a limited liability company, distributive shares of partnership income, gains from the sale of property, commodities, and securities, and royalties, bonuses, or delay rental income from mineral properties and income from other non-operating mineral interests.

Trusts (except business trusts) and estates of natural persons are not considered taxable entities. More information, such as due dates, rates, discounts, forms, and other important details can be found at the Texas Comptroller of Public Accounts website listed above.

***This article was prepared by Sarah Raley,

and edited by Chloe Love.