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Questions Answered by Shawn H. Smith
1 Answer | Asked in Family Law for Texas on
Q: Can my ex husband renew his greencard?
Shawn H. Smith
Shawn H. Smith
answered on Apr 27, 2013

I am sorry, but we would probably need a good deal more information before answering this question. Try being a bit more specific.

1 Answer | Asked in Family Law for Texas on
Q: Do i need a attorney for child support court? and will they discuss custody and visitation?
Shawn H. Smith
Shawn H. Smith
answered on Apr 27, 2013

If you don't have a court order yet you should definitely get an attorney to help you get what you want. The only situation that you would possibly want to go in without one is if you had a complete agreement as to all of the terms of the order for custody already worked out and just needed... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Is it possible to give my daughters mom a money order of the child support sum and her call in and report the payment?
Shawn H. Smith
Shawn H. Smith
answered on Apr 27, 2013

You should be very careful with this, since it could be considered an "informal" payment and not actually count towards your child support. In this situation you really want to follow your court order to the letter to make sure you don't end up making payments you don't get... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If you had a judgement against you for theft $50-$500 almost seven years ago can you get it removed?
Shawn H. Smith
Shawn H. Smith
answered on Apr 27, 2013

If you mean expunged, then no. That is a class B misdemeanor, and you will not qualify for an expunction. However, if you received deferred adjudication and completed it successfully you could file for an order of non-disclosure. This is not quite as thorough as an expunction, but is the next... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Do I have to fill out a Child Support Office Record if there is already a final order on child support and custody?

I have filed a prose divorce with children but have realized that I could have filed a divorce without children sense there is already a final order for custody and support and at the time I filed my child was 17 and has since turned 18.

Shawn H. Smith
Shawn H. Smith
answered on Apr 26, 2013

If the child is 18 then you will not need to file a divorce with children. You could amend the original petition to reflect this. Issues like this are easily avoided when you speak to an attorney first, so it may be a good idea to consult with one to make sure you are not missing anything else... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Can I get a divorce even though I don't know where my husband is?
Shawn H. Smith
Shawn H. Smith
answered on Apr 26, 2013

The short answer is yes. You will need to hire a lawyer to do a bit of legwork first, however, to prove to the court that you did everything that you could to serve him with the divorce petition before proceeding without him. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: Can someone be charges 3 times for the same case?

Had a fight at a party and case went to the grand jury as a felony, was downgraded to misdemeanor and was found guilty by the court. Now appears on my record as 3 charges although with only 1 guilty verdict.How do I remove the felony and the other misdemeanor from my records. Thought my lawyer at... Read more »

Shawn H. Smith
Shawn H. Smith
answered on Apr 26, 2013

If they were just filing and then dismissing the charges, you may need to file for an expunction to wipe them off your record. You will need to hire an attorney to do this, it is a separate process from just handling your criminal case. Your other attorney probably should have told you about... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My brother was arrested 30 days ago on a felony for family assult. How long does it take to go to court?

My brother was arrested 30 days ago and is still currently in jail. He has a felony charge for family assult. This is his second arrest in a year for this charge. The last charge was dismissed due to a lack of evidence. I cannot get a hold of his court appointed lawyer to get any answers. How long... Read more »

Shawn H. Smith
Shawn H. Smith
answered on Apr 26, 2013

That is really going to depend on what county he was arrested in. Some counties will give him a pre-indictment court date fairly quickly, while others will take a bit longer to get their act together. His lawyer should be able to facilitate him getting into court. If you are not satisfied with... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I was charged with secured doc deception (>$1500<$20000). Ive never been in trouble. Could I go to jail?
Shawn H. Smith
Shawn H. Smith
answered on Apr 23, 2013

What you are being charged with is a state jail level felony, so it is a serious charge. This doesn't mean that you will definitely do time, however. There are many factors that will be considered, including your lack of criminal history and the facts of the actual case. If y ou do not like... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Im looking to find a lawyer that can represent me with no fee , due to the fact im not working. my offense is a dwi
Shawn H. Smith
Shawn H. Smith
answered on Apr 21, 2013

You should qualify for a court appointed lawyer in that case. Call the court where your case is being heard and ask them to apply for court appointed counsel. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: I am trying to get my crimmal record sealed so that i can have my rights back and to get a good job.

I live in indiana right know but i did my time in texas

Shawn H. Smith
Shawn H. Smith
answered on Apr 20, 2013

Since you say you did time, it is not likely that you qualify to get your record expunged. If you were a minor, you could get your record sealed or if you got deferred adjudication you could get an order of non disclosure which is similar, but there is no remedy like that for an outright... Read more »

1 Answer | Asked in Divorce for Texas on
Q: If a couple divorces with no kids does the husband have to furnish the lifestyle accustomed for the wife? Married 24 yrs
Shawn H. Smith
Shawn H. Smith
answered on Apr 20, 2013

It sounds like you are asking about spousal maintenance, otherwise known as alimony. In Texas, with the length of marriage being 24 years, you could be ordered by a judge to pay 20% of your monthly gross income up to $5000 for up to 7 years. This is not like the child support statute, in that the... Read more »

1 Answer | Asked in Divorce for Texas on
Q: How do you start the process of leaving an abusive marriage when there is a child involved that you won't leave without?
Shawn H. Smith
Shawn H. Smith
answered on Apr 20, 2013

Step one is to hire an attorney, assuming you are not in the midst of an e,regency that necessitates police intervention. They will file your divorce and secure a temporary restraining order and perhaps a protective order to protect you and your kids. It shouldn't take too long after you hire... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Do I need family Lawyer? Would this be something regarding a custody law?

My ex husband and I share custody of our children. But he has sole rights to the designation of primary residency. He now wants to move from Texas to Florida with our kids. I want to petition for him to not move them to Florida. He had agreed verbally not to move the kids out of the state. He wants... Read more »

Shawn H. Smith
Shawn H. Smith
answered on Apr 20, 2013

You should definitely hire a family law attorney for this. You need to check your decree or final custody order to see if there is a residency restriction keeping them in Texas. If not, you may need to file a modification. Good luck.

1 Answer | Asked in Criminal Law for Texas on
Q: ARE THE ARRESTING OFFICERS REQUIRED OR MANDATED TO READ ME MY RIGHTS BEFORE BEING HANDCUFFED AND TRANSPORTED TO JAIL
Shawn H. Smith
Shawn H. Smith
answered on Apr 20, 2013

It sounds like you are referring to your Miranda rights- remain silent etc.. The way this works is that when you are arrested, if they fail to read you your rights, they can't use any statements you make after you we're arrested against you. It doesn't invalidate the arrest, but a... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is shoplifting under $20.00 larceny a felony?
Shawn H. Smith
Shawn H. Smith
answered on Apr 20, 2013

Shoplifting under 20$ is a class C misdemeanor, like a traffic ticket.

1 Answer | Asked in DUI / DWI for Texas on
Q: What happens if my husband blows a warning into my interlock system? Will I be charged with a violation?

I have a feloney dwi charge. Have been on probation for 2.5 yrs, having one violation already. I was not home when he blew into interlock, and he did not move the car after the warning. I came home about an hr later, went and blew in car and passed. Worried this will go against me. Should I call po... Read more »

Shawn H. Smith
Shawn H. Smith
answered on Apr 20, 2013

Most interlock devices take your picture when you blow in them. If it does, then it will show a picture of him and you should be fine. If not, you may need to contact a lawyer and see about getting your husband to fill out an affidavit for the judge and trying to convince the court that it was not... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: What will happen to a person in texas, faceing there6th or 7th DWI

They were arrested and fled from the charge and when they got arrested again they got caught with a weapon charge as a felon

Shawn H. Smith
Shawn H. Smith
answered on Apr 20, 2013

Anything over 2 DWIs in Texas is going to be a 3rd degree felony. You do run the risk, however, of the charge being enhanced to a habitual felony due to your prior felony DWI convictions. That would jump you up to a 2nd degree felony. You need to contact a defense attorney immediately to try to... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: What is the maximum jail sentence for 2nd dwi in texas
Shawn H. Smith
Shawn H. Smith
answered on Apr 20, 2013

In Texas a second DWI is a class A misdemeanor. The punishment range for a class A misdemeanor is up to a $4,000 fine and not more than 1 year in jail. I am not sure what county your offense is in, but you are likely in most counties to wind up with probation rather than straight jail time. You... Read more »

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