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Questions Answered by Hon. Richard W. B. Davis
2 Answers | Asked in Criminal Law for Texas on
Q: i didnt shoot a gun but there were witnesses saying they saw a gun in my hand and shots were fired. what should i plead?

i have been charged with felony deadly conduct.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 29, 2020

Not guilty.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hello. My ex-husband had a TRO signed against me for picking up our daughter on 9/9/2020 with no reason or allegations

I am the custodial parent, however he took her for a visit and refused to give her back and then had a restraining order files. . The hearing has been reset to mid October as he is required to get a nail drug test bc he is an addict and is on felony probation. Since it has been over 14 days since... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 28, 2020

Under the Texas Rules of Civil Procedure, a Temporary Restraining Order usually expires on its own 14 days after it has been issued. TRO's are often extended, however. I suggest that you call the District Clerk to ask.

2 Answers | Asked in Criminal Law for Texas on
Q: Do I have the right to request back from the police my deceased brother’s gun collection confiscated 3 years ago?

The police took his gun collection because he had a felon. He was trying to sell his guns to help pay for his legal bills. My brother committed suicide last week and I am the next of kin. I want to sell the guns to pay for his final arrangements. His gun collection was worth 10’s of thousands... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 27, 2020

You have the right to ask, but it does not mean that the police will comply. I suggest that you contact the police chief of the District Attorney and explain the situation and see if they can accommodate you. If not, a lawyer may be able to help you.

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2 Answers | Asked in Criminal Law for Texas on
Q: Got arrested with a class a and b misdemeanor, it’s almost been two years. Is my case still open after two years ?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 24, 2020

The statute for limitations for Class A & B misdemeanors is two years.

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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Our son,40 owns his home. His girlfriend of 1 yr, asks to move in to his house with 2 dogs. What are legal issues?

Our son, has bad allergies. He has a good computer job and works from his home. If he allows his girlfriend to move in, can he make her move out? What if he cannot get along with her and needs to end the relationship? What are legal issues?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 20, 2020

If son's girlfriend has no ownership interest in his house and is not on any lease agreement in connection with the house, he can have her evicted.

3 Answers | Asked in Criminal Law for Texas on
Q: class A misdemeanor for assault causes bodily injury family member. How do i get removed from my records

I was charged with a class A misdemeanor for assault causes bodily injury family member after a domestic dispute with my wife in which I reached for the remote from her and grabbed her arm to retrieve it after she would not give it back. She called the police and later called back to have the... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 20, 2020

The State can prosecute a person believed to have committed a crime even if the alleged victim tells them that he or she does not want the case prosecuted. You will likely need to have a lawyer to help you in this situation. If you are in our geographic area, we would be happy to help.... Read more »

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3 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: If my grandmother decides to give her house to me, what do I need to do to go about this?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 16, 2020

I agree with what Ms. Garrett said, but would add, "Be thankful!"

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Is it a crime for a person I'm on a phone conversation with, to record the conversation without my consent & knowledge?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 14, 2020

Generally speaking, no, a person can record his own phone calls with someone else.

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1 Answer | Asked in Criminal Law for Texas on
Q: Is it okay for me to visit a friend of mine who is out on bond for murder (self defense) when I’m considered a witness?

I didn’t see what happened I just was there to be clear.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 14, 2020

Unless you or he is under a Court order not to communicate, it is not unlawful for you to visit. If you talk about the case, however, and you are asked about the conversation under oath later, you will have to answer truthfully.

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: When is the best time to voice your rights if being arrested? Do you have the right to an immediate arraignment & when?

No knock warrant took 4 people to jail cps took child for a year. They confiscated .1g yes 1/10 of a gram in an old baggie behind the shelf under a lamp. Poss of controlled sub <1g X4 15months ago

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 12, 2020

It is usually best to exercise your right to remain silent until you have a lawyer.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Do I need a lawyer if I filed for modification of custody/ divorce decree? I haven’t heard from the court about a court.

I filed for modification of custody. My ex husband drove drunk to police station with our child, assaulted me, and evaded arrest. Before that, he was sending me threatening and harassing text messages constantly. He also refuses to refinance the car that he was awarded in the divorce so its... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 12, 2020

It would be difficult for your to represent yourself under the facts that you described. The law in this area can be very technical.

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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Is it my obligation as the non-custodial parent to report a change of income to the OAG?

I recently got a new job that pays substantially more. Is it my responsibility to have the child support amount increased?

I know a review to modify can be requested by the custodial parent whenever she wishes. I'm asking if I'm required to self-report that I make more money... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 11, 2020

The Texas Family Code does not require you to self report an increase in income.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I'm needing to get help in trying to get custody back of my oldest son. His biological father is currently the CP.

I'm being denied my visitation with him and have been informed that instead of him being with his father, his is with the fathers ex girlfriend and she is living outside of Tom Green County. Thanks,

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

You would likely need to consult with a lawyer in the county where the Court is that rendered the last custody Order.

2 Answers | Asked in Real Estate Law for Texas on
Q: what type of Lawyer do I need if I want to file a partition suit on common-law community properties.

Lived together from 1967 to 1976 as Mr. and Mrs. Albert B. Prado. He fathered 3 children with me and have Birth certificates with his name as father. we bought two properties during that time and they are listed under both our names. He is ill, and he has sent me a certified letter with quick... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

You would be best served by hiring an experienced real estate attorney.

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to deal with rich stepmother when father died intestate in the state of Texas.

My Father never signed prenuptial agreement with my stepmother. They lived in a triple wide trailer on my grandfathers land with tractors and other large equipment. She completely abandoned everything and moved to Dallas. My Grandfather is my POA because I live in another state. He has brought to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

If you are one of the people who would benefit from the payment, it may be in your own best interest to hire a lawyer to enforce your rights as a beneficiary.

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3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can I get custody changed if child claims they were hit by other parent? And another person living in home?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

In order to prevail on a Motion to Modify custody, you have to prove two things: 1) A substantial and material change of circumstances on the part of the mother, the father, the child or some combination of the three, and 2) that the requested modification is in the best interests of a child. I... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Can l file a motion for my parole sentence to run concurrent with the sentence l am already serving?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

You might try and file one, but whether a sentence runs concurrently with another or consecutively is usually up to the sentencing Judge.

3 Answers | Asked in Personal Injury for Texas on
Q: Do Texas drivers involved in a wreck out of state have to use Laywers from that state?

I was involved in an auto accident in Oklahoma in July. Was rear ended on Interestate after having to stop at over 40 MPH on I 35 by a truck towing another truck. Car was totaled. My insurance company setteled with my car damages but the company of the car that hit me is only claiming half... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

If you want to hire a lawyer for a wreck in another state and that lawyer will have to make court appearances, that lawyer will have to be licensed to practice in that other state.

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2 Answers | Asked in Criminal Law and Civil Litigation for Texas on
Q: Non-Disclosure Motion for civil temporary protective order request.

Hi - I am trying to remove/hide/seal from public record - a civil temporary protective order request that was denied/dismissed at the hearing in Denton County. I have read about the motion for non-disclosure - but everything I read is specific to criminal cases - not civil. I am wanting to file... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 8, 2020

The Texas statute authorizing a Petition for Non-Disclosure applied to certain criminal cases where Deferred Adjudication probation was successfully completed. It does not apply to civil cases.

In theory, you could file a Motion to Seal Court Records under Texas Rule of Civil Procedure 76a.

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can a vehicle be put in the name of someone that is incarcerated?

Father passed away and left his son his property. Son is incarcerated and will be for some time. Son inherited a vehicle. Can the vehicle be put in the son's name?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 8, 2020

Yes.

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