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Questions Answered by Simone R. Bray
1 Answer | Asked in Small Claims, Estate Planning and Probate for Texas on
Q: Hi my daughter passed away in 2014 leaving a structured settlement I'm her mother I'm not married to her father

The father is on death certificate not birth he was in jail in and out of jail the whole time while she was alive what do I do next Allstate wants me to cash out but in the state if Texas I heard since we are not married he gets half of her estate

Simone R. Bray
Simone R. Bray answered on May 21, 2018

If your daughter died leaving no children and no spouse, then you are right, the parents take the entire estate (half and half).

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: If my child's father isnt on the birth certificate, does he have any rights?

We have a child support/custody agreement but he hasnt followed it in 3 years. Can i just call and end the whole court agreement since he is not on the birth certificate as his father?

Simone R. Bray
Simone R. Bray answered on May 21, 2018

Yes, he has rights. The court will not simply end a child support/custody agreement. He is the presumed father of the child since "he promised in a record (the agreement) to support the child as his own." You can take him to court to enforce the child support/custody agreement.

1 Answer | Asked in Criminal Law for Texas on
Q: What should we do?

My husband was locked up and his boss bonded him out and he told us that the bond was $5,000 nd said my husband had 3 felonies nd my husband had some money saved up at work and the boss is telling him that he has to work everyday and that he cant go to break and that while hes working he cant go... Read more »

Simone R. Bray
Simone R. Bray answered on May 21, 2018

Get the invoice and receipt from the bail bondsmen and turn it into the boss.

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: If I'm on 1 year probation for under 2 oz of maryjuana, and I want my original sentence back.

They sentenced me 10 days in jail and $250 fine, how can I get that back? Can I just fail a drug test and they'll put that back on me?

Simone R. Bray
Simone R. Bray answered on May 21, 2018

If you fail a drug test the court won't simply give you the original sentence back. The judge may revoke your probation which opens you up to the full range of punishment for the underlying offense. The judge may also add more stipulations to your probation.

2 Answers | Asked in Criminal Law for Texas on
Q: Is a Texas DPS drug analysis report considered a police report and therefore unaccessible buy a criminal defendant?

My attorney is very reluctant to show me any type of evidence or documentation that exonerates me or airs on my side or my bias. One of these documents is the drug report done by the DPS crime lab. Even though he's already sent it to me, months ago, he refuses it to send it to me again stating that... Read more »

Simone R. Bray
Simone R. Bray answered on May 21, 2018

The Texas Court of Criminal Appeals ruled last year that Defense attorneys are not allowed to give you copies of evidence, but they are required to allow you to view it. However, if your lawyer won't let you view the evidence, you should consider getting an attorney who will.

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: My husband and I got into an altercation and he choked me. I didn’t press charges. Can I help get the charges dropped?

He was diagnosed with depression and is actively looking into counseling. This would be his first offense.

Simone R. Bray
Simone R. Bray answered on May 21, 2018

If the State has enough evidence to convict your husband without your testimony, they can still proceed with prosecuting him.

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