New look to blog

Josh Peterson - don't know you but I love you new template!  Now my blog looks like my website.

Thanks!

Dallas Police Officer Indicted by Grand Jury for Oppression and Tampering with Police Report

Dallas police officer Daniel Babb was indicted yesterday by the Grand Jury, so he's officially facing criminal charges now.

Officer Babb expected this already -- he had turned himself in to authorities on May 24th. Today, Daniel Babb's already out on bail ($2500) and off the streets under administrative leave.

The Dallas Grand Jury charges Officer Babb with two things: official oppression and tampering with a government document.

How did the Dallas cop become a criminal defendant? This all started around two years ago, when a 14 year old was hurt as a man named Jorge Torres, 21, allegedly held the boy while another man hit him. After the dust settled, the boy tells the story that this was all "horseplay" that he himself began - but at the time of the incident, law enforcement had a different perception.

The cops were thinking a crime had occured: injury to a child.

According to the reports, Dallas police were called to a domestic disturbance. Once there, Officer Babb - on the job around two years at the time this is going down - told Jorge Torres he could stand up from the curb where he was sitting during questioning, because ants were crawling on Torres' hands.

Texas ants. We all know what they can do. So far, so good for Officer Babb.

What happens next, according the reports, is where things go haywire. In his police report, Officer Babb states that he "felt threatened" by Torres after Torres stood, so Babb "used a balance displacement technique." This "technique" made Torres fall backwards over the curb and onto the ground. No news on where the ants were.

Torres Suffered Minor Injuries From Officer Babb's Actions

The police reports confirm that Torres got some medical attention at the scene, so we know he suffer some kind of minor injury here. However, other cops at the scene also reported that Officer Babb lost his temper at Torres, and shoved him to the ground without just cause.

The public integrity unit investigated, and found that Officer Daniel Babb had used excessive force. They also ruled that he had fudged his police report about what had happened.

So, Officer Babb's three year career as a Dallas Police Officer is in question right now. Of course, he's still on the force (though he's not on the streets) and he's still got a defense to present.

What Happened to Torres?

Jorge Torres got three days in jail because he refused to give the police his name when all this went down. The injury to a child charges? Dropped. The 14-year-old boy told the police that he started the whole thing, he wasn't a victim here.

One lesson learned? When reading Dallas Police Department records, note that the definition of "balance displacement technique" is "shove."

Wilson Secures Dismissal of Tenants' Suit Against Property Manager and Owner

Trey Wilson has secured dismissal of a Bexar County District Court lawsuit seeking a declaratory judgment over the term of a Residential Lease Agreement, and the Tenants' right to occupy a San Antonio, Texas rental home. The Tenants of the property claimed that they entered a 3 year lease, while the Owner maintained that the lease was for a 1 year term. The Owner, having recently retired from the U.S. Air Force, desired to settle down in San Antonio, and permanently occupy the property he had been using as a rental during his various tours in the military.

The Owner and his property manager, Coldwell Banker D'Ann Harper Realtors Property Management, indicated that the Lease would not be renewed, and demanded that the Tenants vacate the property at the end of the 1 year term. Rather than vacate, the Tenants hired a lawyer, who sued both the Owner and Coldwell Banker D'Ann Harper Realtors. The Defendants retained Trey Wilson, who immediately went on the offensive.

After reviewing the condition of the property, and noting that the Tenants had committed several violations of the Lease, Wilson filed an eviction proceeding in the Bexar County Justice Court. The Tenants objected to the eviction proceeding, claiming that the disputes should be reserved for consideration by the District Court handling their previously-filed declaratory judgment suit. Bexar County Justice of the Peace Steve Walker disagreed, and conducted an eviction trial which lasted approximately 3 hours.

The Owner and Coldwell Banker D'Ann Harper Realtors Property Management prevailed in the eviction trial, with Judge Walker ordering the Tenants to vacate based upon breaches of the written Lease Agreement (and notwithstanding the pending district court lawsuit).

Following this victory in the Justice Court, and given the fact that the Owner was granted immediate possession of the rental property, the Tenants agreed to dismiss their district court lawsuit in exchange for a short extension of time in which to vacate the property, and a refund of their security deposit.

The district court lawsuit was then dismissed with prejudice, with all claims against the Owner and Coldwell Banker D'Ann Harper Realtors Property Management denied.

Judgment for Plaintiffs Entered in Suit Against Property Management Company

On June 2, 2010, the Honorable Janet Littlejohn entered Final Judgment in a Bexar County lawsuit filed by Trey Wilson against a San Antonio real estate firm in October 2008. Wilson filed the suit on behalf of a Los Angeles, California real estate investor who, in 2006, purchased six homes in San Antonio, Texas. The homes were to be used as rental properties, and to eventually fund the Plaintiff's retirement.

After purchasing the homes, the Plaintiff -- a California nurse and home health care/hospice operator -- contracted with the real estate agent who represented her in the purchases to manage the properties. Under the terms of the written Property Management Agreement, the Texas realtors were required to collect rents from tenants, maintain the properties, file appropriate tax documents, and remit rental proceeds to the owner.

In early 2008, the Owner received an IRS form 1099 indicating that the rents collected by her San Antonio real estate management firm were almost double the amount remitted to her. Upon performing an audit of rents received versus those collected, the Owner demanded a complete accounting from the Texas realtors. The property managers were unable to account for the missing funds, including security deposits paid by various tenants of the rental properties.

The owner hired San Antonio real estate litigation attorney Trey Wilson in April 2008. After multiple meetings with the real estate agent and broker, and their attorneys, it became apparent that the missing funds could not be accounted for.

Wilson then filed the lawsuit, alleging that the Defendants breached the Property Mangement Agreement, breached their fiduciary duty to the Plaintiff (including the Texas Real Estate Commission Rules applicable to brokers and the Cannons of Ethics), committed common law fraud, and committed conversion of the missing funds.

The case went to jury trial on May 18, 2010 in the 150th District Court of Bexar County, Texas. On May 21, 2010, the jury returned a unanimous verdict in favor of the Plaintiff on her claims for breach of contract, breach of fiduciary duty, common law fraud, and conversion. In addition, the jury awarded Plaintiff attorneys' fees in the amount of $29,000.00.

Following the jury's finding that the Realtor and Broker had breached their fiduciary duty to Plaintiff, Wilson moved for equitable forfeiture of all commissions and fees paid to the real estate firm. Judge Littlejohn granted the request, and ordered fee forfeiture in the amount of $6,8880.00 -- representing all management fees and leasing commissions paid to the realtors.

The Judgment entered by the Court was for $67,336.75 (not including costs or pre-judgment interest), and contains an affirmative finding of knowing and intentional breach of the real estate professionals' fiduciary obligations to the property Owner.

Protective Orders

Chapter 81 - TX Family Code

NAME CHANGE

Child's Name Change - Chapter 45 of the TX Family Code



If the child is over the age of 10, the child must submit in writing that they really want the name change.  The reason for the name change must be stated. 



Adult Name Chapter - Chapter 45



A lot more information is required.  You can read the requirements in the TX Family Code.

A finger print card is required.  I have clients get 2 finger print cards.  The reason for the name change is required.  If a person is trying to avoid creditors or has a serious criminal record, the court will NOT do a name change. 



Some courts will NOT do a name change without an attorney.  It's up to the Judge.



In Harris County, the civil courts require all the paperwork when the petition is submitted.



In Harris County, the family courts do NOT require all the paperwork when the petition is submitted.



Some judges handle adult name changes a bit different than other judges. 



Several pro se petitioners have ended up hiring me after trying to do an adult name change on their own.  I have been able to get an adult name change finalized after they have been unable to do it on their own.  Why?  I know what the individual judge wants and the pro se petitioner does not understand the legal system.  Each client has said that my fee was worth every penny.

They each said that they wished they had hired me at the beginning instead of trying to do it themselves.

Civil Liability for Interferring with Child Visitation

It does not happen often by Judges can "punish" people that get involved in "parental kidnapping" or "interfer" in "child visitation".



The law states that a person who aids or assists in conduct for which a cause of action is authorized by this chapter is JOINTLY AND SEVERALLY LIABLE FOR DAMAGES.



This means that if you are involved in ANYWAY then you can be held LIABLE for any DAMAGES THAT OCCUR if anything happens! 



This means that if you get involved with a dog and you get up with fleas you might get a flea bath and anything that is required to get rid of the fleas! 



So if you get involved with a dirty dog be prepared for a taking a bath -- financially!



Damges may include -- actual costs and expenses incurred -- including attorney fees!



OUCH!