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Questions Answered by Rick Davis
2 Answers | Asked in Criminal Law for Texas on
Q: What is the process for obtaining a subpoena duces tecum for a probation officer in an MTR proceeding?

The probation office is literally across the hall from the District Clerk's office. Is it really necessary to pay $150+ to have the officer served by a sheriff's deputy or is there a different process for court officials?

Rick  Davis
Rick Davis answered on Apr 30, 2021

If you have the local Sheriff's office serve the subpoena, they do not charge for serving a subpoena in a criminal case because you have a Constitutional right to subpoena witnesses in your defense.

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Deadline to request summer possession dates was on 03/15 ex didnt request dates until 04/30, is it valid?

We as conservators get 5 extra days of possession during summer break, we have to summit a written request for the dates of our choosing, but my ex didnt request dates until a month and a half after the deadline. There is no default days in our modified order, order is for 7 days with me, 7 days... Read more »

Rick  Davis
Rick Davis answered on Apr 30, 2021

The answer to your question depends on the specific language of your Decree. We cannot answer it here since we do not know what your Decree says. I suggest that you contact an experienced family law attorney.

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1 Answer | Asked in Personal Injury for Texas on
Q: When I surched my address on Google it showed me sitting in my garage is this legal
Rick  Davis
Rick Davis answered on Apr 29, 2021

Yes, it is legal to sit in your garage.

1 Answer | Asked in Personal Injury for Texas on
Q: If there has not been any actions taken on a personal injury lawsuit in two years, will it be dismissed?
Rick  Davis
Rick Davis answered on Apr 20, 2021

If the lawsuit had not been filed within two years of the injury, it may be barred by the statute of limitations.

If the lawsuit was filed, the passage of two years while it is pending will not necessary result

1 Answer | Asked in Criminal Law for Texas on
Q: I have to go to Livingston Texas and turn myself in for a warrant. I have no money for a lawyer.. what do I do
Rick  Davis
Rick Davis answered on Apr 12, 2021

I suggest that you turn yourself in on a weekday afternoon on Monday through Wednesday. That way, you will likely be booked into jail, have to spend the night there and then be brought before a Magistrate the next morning. At that time, you can tell the Magistrate (usually a Justice of the Peace)... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can i get visitation to see my 4 grandkids from my bipolar daughter?

My daughter is bipolar, is off her meds, 10 years now. My husband and I have been in their lives for 10 years. She just cut us off. I am scared for the kids. She does not take proper care of them. We are heart broken. I was at every birth.

We just want to spend time with the kids.... Read more »

Rick  Davis
Rick Davis answered on Apr 10, 2021

Under the Texas Family Code, you have to have "standing" in order to bring a lawsuit to get Court ordered possession of or access to children. "Standing" essentially means the right to bring the lawsuit. It can be very technical. You need to consult with an experienced family... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Can i be extradited back to texas from kentucky for a felony warrant?

I was charged with felony drug possession right at a gram and the drug was not found on or near me at the time.

Rick  Davis
Rick Davis answered on Apr 10, 2021

Yes.

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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a case that was dismissed be expunged if you have prior, separate convictions?

Can a case that was dismissed be expunged if you have prior convictions? For instance, if you have a case dismissed in 2019 but you have a conviction for a separate case in 2015, can the dismissal be expunged or sealed?

Rick  Davis
Rick Davis answered on Apr 5, 2021

It depends on when the statute of limitations will run on the case that was dismissed on in 2019. There is a good possibility that you can get the dismissed case expunged.

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1 Answer | Asked in Family Law for Texas on
Q: I did not press any charges on my friend but the state of texas is still pursue court. what can i do to stop it?
Rick  Davis
Rick Davis answered on Mar 30, 2021

I suggest contacting the prosecutor and telling him or her that you do not want the case prosecuted and that you want to sign an affidavit of non-prosecution. The prosecutor is not bound by the affidavit and can still prosecute the case anyway, but that may help.

2 Answers | Asked in Criminal Law for Texas on
Q: How do I stop ex girlfriend harrasing and stalking me

Her new boyfriend and his family are also contributing to this issue

Rick  Davis
Rick Davis answered on Mar 12, 2021

Call the police. You may have enough evidence to pursue criminal charges.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I was given custody of my grand daughter in 2017 from a Mississippi judge as emergency order when my daughter travelled

My daughter has been clean since and I would like to give custody back to her. Nothing was ever filed on Texas so what do I need to do?

Rick  Davis
Rick Davis answered on Mar 11, 2021

If the last Court Order does not prevent you from returning the child, you should be able to.

1 Answer | Asked in Family Law for Texas on
Q: How much money do you need to possess to be declared legally independent and emancipated?
Rick  Davis
Rick Davis answered on Mar 8, 2021

There is not a certain amount required.

Texas law allows for the emancipation of minors in certain circumstances. Any minor petitioning a Texas court for emancipation -- that is, being declared an adult in the eyes of the law -- must be a Texas resident, 17 years old (or 16 and living apart...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: Does a poa from the custodial parent to the non, supersede the court order? She can’t provide but still wants them back.

My ex wife signed over a poa to my current wife with no expiration date. My ex wife is going through an emotional break down and wants the kids back even though she is currently moving from hotel to hotel

Rick  Davis
Rick Davis answered on Mar 8, 2021

To the extent that the Power of Attorney conflicts with a Court Order, the Court Order controls.

1 Answer | Asked in Criminal Law for Texas on
Q: Can my 12 year old can go to jail?

Today my 12 year old son was charged with terrorism threat after he texted 911 saying that there was a bomb in his school. What can happen to him can he go to jail or just get probation?

Rick  Davis
Rick Davis answered on Mar 7, 2021

You son would not go to jail (with the adult population), but he could be sent to the juvenile detention center.

2 Answers | Asked in Criminal Law for Texas on
Q: I'd like to get a charge expunged from my record. The case # 573360, 6/22/2020, closed, felony possession >1grm, dismd

Less than a gram of narcartics was found in my pickup truck while I was waiting for a friend that visited his girlfriend. Officers were called, I was questioned for tresspassing until they found the narcartics (probably my friends). Reguardless, I was arrested, spent a night in jail, my truck was... Read more »

Rick  Davis
Rick Davis answered on Mar 6, 2021

Yes.

https://www.attorneyrickdavis.com/

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2 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: My daughters ex husband has harassed her for over a year by phone, text,in persons what can she do?

He is now doing same thing to a man she is dating. She keeps him blocked and just contacts him concerning his visitation with children. Is their anything legal she can do to get him to stop.. We are also concerned about it turning to physical violence.

Rick  Davis
Rick Davis answered on Mar 5, 2021

If this happened in Texas, she should file a complaint with the local police department for Telephone Harassment. It is a crime in Texas.

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1 Answer | Asked in Criminal Law and Identity Theft for Texas on
Q: Was unknowingly part of a reshipping scam. I have filed a complaint w/FTC & want to know if I should file police report

I still have packages and cannot send them knowing what I now know and want to file a police report because “the company” has my personal info like banking, SSN, and my drivers license but don’t want to implicate myself or get in trouble

Rick  Davis
Rick Davis answered on Mar 4, 2021

Yes

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I am a non-custodial parent with my sister being the custodial parent of my twin girls who are 10 years old.

My girls have stayed with me for the last two summers including holidays, weekends, and days off from school. I have no transportation and she has been dropping them off for visits. Last weekend I cancelled the weekend visit because of a winter storm. I have never cancelled before and this was the... Read more »

Rick  Davis
Rick Davis answered on Feb 24, 2021

The answer to your question depends on what your most recent Court Order says.

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1 Answer | Asked in Criminal Law for Texas on
Q: Is theft of services for the electric company for 900$ a felony or a misdemeanor
Rick  Davis
Rick Davis answered on Feb 22, 2021

In Texas, based on the value of the services that you listed, it would be a Class A misdemeanor.

3 Answers | Asked in Criminal Law for Texas on
Q: How much time am I facing if I violate a protective order? And what can I get probation?
Rick  Davis
Rick Davis answered on Feb 21, 2021

Generally speaking, in Texas Violation of a Protective Order is a Class A misdemeanor punishable by up to a year in the County Jail, a $4000 fine or both.

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