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Questions Answered by Jodi Soyars
1 Answer | Asked in Criminal Law for Texas on
Q: search&seizure handcuff husband.they search bedroom in my drawers.kids room without consent did they violate my rights
Jodi Soyars
Jodi Soyars answered on Oct 7, 2016

There could be a serach & seizure issue if they did not have a warrant and they did not have another legally authorized reason to be in the house or searching the house. However, if they did not find anything, there is not really any remedy. Call an experienced criminal defense attorney if... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife won't respond to my lawyer so he can file the petition. What do I do now?

My wife had 2 children with another man during our marriage and now I need the children's names so I can add them to the divorce paperwork but she will not respond.

Jodi Soyars
Jodi Soyars answered on Oct 1, 2016

You can file for the divorce, claim there were 2 children born during the marriage whose identity is not known at this time, request a paternity test (because children born during the marriage are presumed to be the husbands) and then amend pleadings afterwards once discovery/paternity testing is... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I was in a car with a friend who was drunk and got arrested --

-- there was also a hit and run involved. I'm worried the police will come after me -- can they do that to a passenger?

Jodi Soyars
Jodi Soyars answered on Sep 27, 2016

If they have the license plate number or somehow know how to identify the driver/car, the driver and/or registered owner will face the potential for criminal and civil liability. This is a serious situation. If you are a passenger you may also be liable if there was a duty to stop and render... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If there was an illegal search on your house, could an arrest warrant be issued a year later from the search?
Jodi Soyars
Jodi Soyars answered on Sep 24, 2016

The burden to show an illegal search and seizure is initially on the defendant to request a motion to suppress hearing to contest the issue. If you think your rights were violated call a local experienced criminal defense attorney most of us give free consultations.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Texas on
Q: My husband was picked up on domestic violence by strangulation, I never pressed charges

Nor did I call the police the neighbors did what class felony is this and what can I do he didn't assault me he's never been charged with a violent crime in his life. I would like to know if I sign a form of non prosecution if the state is going to or if they can try to pick up the charges. PLEASE... Read more »

Jodi Soyars
Jodi Soyars answered on Sep 21, 2016

This is a 3rd Degree Felony if he had no prior family violence findings in his criminal history record. Otherwise it is a 2nd Degree Felony. This is very serious and should be taken seriously even if you do not want the charges filed. The State can pick up the charges and prosecute without your... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: I wanted to know how long of a sentence would an offender charged with a 2nd family violence charge and 3rd felony gets
Jodi Soyars
Jodi Soyars answered on Sep 20, 2016

Third degree felony range of punishment is 2-10 years texas department corrections (prison) and up to a $10,000 fine. However, you should not assume you will do prison time. Even if this is not your first felony, you should retain an experienced local attorney to help you with the case so you can... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: What will happen if a 28 year old female punched my 9 year old in the face?
Jodi Soyars
Jodi Soyars answered on Sep 19, 2016

They can be charged with injury to a child if the injury was not serious bodily injury. If they caused serious bodily injury they can be charged with aggravated assault.

2 Answers | Asked in Criminal Law and Libel & Slander for Texas on
Q: What do I do about some one filing false charges of assault against me in the state of Texas
Jodi Soyars
Jodi Soyars answered on Sep 18, 2016

Retain an experienced criminal law attorney and have them defend you. Even false allegations should be taken seriously because if you are convicted it can have a devastating affect on your career and possibly even your freedom.

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1 Answer | Asked in Child Custody for Texas on
Q: I am divorce and we have joint conservativeship w/my son (who is 9 yrs) living w/me. If my son lives with his dad for

8 months, can his dad take legal action to keep my son?

Jodi Soyars
Jodi Soyars answered on Sep 15, 2016

Yes. It will most likely be considered a material change in circumstance and would open the door to a modification. However, if you believe this is in your son's best interest you should work with the father to modify the custody agreement in a way that satisfies the collective needs of everyone... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: If you did a beer run and store worker tried stopping you by blocking the door and you hit her and she hits you back an

You run outside away from the store clerk and then another store worker grabs a baseball ball bat from behind the counter and gives it to a costumer and strikes me with it.. wut kind of case is this

Jodi Soyars
Jodi Soyars answered on Sep 9, 2016

It is called robbery and is a second degree felony. It can jump to a first degree felony if it is aggravated because of serious bodily injury, it is done to someone over 65 or involves a deadly weapon.

1 Answer | Asked in Criminal Law for Texas on
Q: Can someone explain to me how a bondsman works?

Do I go to them and they take care of everything, or do I have to file something with the court?

Jodi Soyars
Jodi Soyars answered on Sep 9, 2016

A bondsman helps you post bond so you don't have to wait in jail during the pendent of your case. If you have ano active warrant out for your arrest, call a bondsman and find out what the bond amount is set at and what their price is to post the bond for you. Industry standard is generally 10%.... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: My son was arrested today for theorist threat/family violence....they are saying a misdemeanor account..

The charges were filed last year and he has lived with person since can charges be dismissed

Jodi Soyars
Jodi Soyars answered on Sep 9, 2016

It's possible to get dismissals in these cases but he needs to take it seriously from the start. The State can choose to prosecute even if the complainant signs a non-prosecution affidavit. Call anow experienced local attorney to see if there are other facts in the case that would help position... Read more »

1 Answer | Asked in Divorce and Child Support for Texas on
Q: Will i be forced to repay childsupport not supervised by the courts

Separated 1yr ago. 2 kids. left her the check book. She writes herself a $500 ( may or may not be enough) check every month.

Jodi Soyars
Jodi Soyars answered on Sep 7, 2016

It depends. There is not enough information to determine what you would owe in back child support (if any) and if the $500 per month would cover it. Also she would have to go to court to get an order for back child support so it would be better for y'all to reach an agreement and limit the amount... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can I go to jail for issuing a bad check in the State of Texas?

About 6-7 months ago I borrowed $500 from an online company. Today I received a call that said I had to pay the money back immediately or I would be prosecuted for issuing a bad check and maybe even arrested. Can this happen? Should I be worried? And if so, what can I do about it?

Jodi Soyars
Jodi Soyars answered on Sep 7, 2016

Yes, issuing a check when there are not funds in the account is a criminal offense unless you promptly pay the amount (I believe the statute provides for a specific time period after receiving notice that the check wasn't honored).

1 Answer | Asked in Child Custody for Texas on
Q: If my ex wife is locked up and im the father of the child which we both have equal rights how do i get full custody.
Jodi Soyars
Jodi Soyars answered on Sep 6, 2016

You need to get an attorney and file a motion to modify. If she is locked up you will want to consider whether you need to ask to be primary and/or supervised visitation.

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