I had a seizure in my vehicle as I am an epileptic. The police arrested me for DWI. I had no alcohol in my system, but now they say my THC levels were too high, but no marijuana or paraphernalia was in the car.
I am sorry for your troubles. If the State cannot prove the "amount" or a quantitative level of the THC that would cause "loss of use of your normal mental or physical faculties" it will not be able to prove your case. In that situation my opinion would be to take the case to trial. Good luck.
My employer told those who qualified would receive pay from March 19th- April 2nd. We were just told today that we would not be receiving said pay the day before we would get paid. Just wondering if they actually can do that.
I would look at the promise to pay as a contract type of agreement. To have a legal contract there must be an offer and acceptance and "consideration". "Consideration" means that each party agrees to provide something of value to the other. This can be an affirmative offering of something, or an...Read more »
So I originally got injured on 05/2019, 4 months later I was injured again. My employer was aware of what my restrictions were but still put me to work. Causing the second injury. So my second case is closed as of last week, but my injury I feel is not quite where I feel it should be? Could I sue... Read more »
I have been clean since they took him from my home. I didnt have custody then. My daughter left him with me. I relapsed. and then let someone smoke meth in another room of my house. I have been babtised. I am working now. I bhought my own car. I go to narcotics anonomus twice a week. and have taken... Read more »
I am happy for you. Great job, however the answer depends on whether your parental rights were terminated. If not I'd say courts would rather keep children with family members when possible so you have a decent chance. Best of luck to you.
You will need to discuss this with your lawyer. This is a complex area of the law on enhancements and one of the more reversed area after a trial. The answer depends on more than I could discuss in this forum but your lawyer should be able to give you a satisfactory answer, if not get a second...Read more »
You choose to speak with them at your own peril. You should have a lawyer go with you if possible AND you do not have to speak with them. The reason it is advised not to speak with them is because nothing you say in your favor can be offered as evidence to prove innocence (it is hearsay) , however...Read more »
I was a Peace Officer working in a jail. Personnel of the jail placed an audio recorder in the guard station of the block. They then charged me with a felony, as well as tampering with evidence because they stated that the device did not have a SD Card. The charges are likely to be dropped, the... Read more »
I believe it may be illegal but I am sure the state will claim there was no expectation of privacy to try to circumvent the law. To legally record a conversation in Texas you must be a party to the conversation but because inmates are regularly recorded, and warned their calls are subject to...Read more »
I'm not familiar with the particulars of the allegations against you but I want to warn you of scams being perpetrated on unsuspecting people. The person alleges some untoward conduct and try to blackmail people by having them send money. Just be aware of such situations.
Unfortunately a current charge may be enhanced with previous convictions, not charges but final convictions. You will need a lawyer to review the charges to determine whether an enhancement is proper under the situation.
Hopefully you have a lawyer to help, if not, you need to get a lawyer that practices defending the type of charges pending in the county where the charges are. Your attorney may be able to use the "attorney bond" to have the defendant released.
The other side sent new evidence out to my Attorney about my Statement I made on my injury at work which I forgot about. I was working the night shift removing some bolts using wrenches wearing a slicker suit and full PPE with Neoprene Gloves taped around the cuffs of the rubber jacket and gloves... Read more »
I doubt any lawyer will advise that you "just move on", particularly if you feel you legitimately have a valid claim. You claim seems to be mor eof an occupational disease or repetitive injury than one caused by "pulling, pushing, twisting" so I would not worry about the statement "sinking your...Read more »
Healed properly. Long story short my back is acting up aging from the same injury and I’ve gotten and mri done and now I’m needing surgery from the same injury that occurred in 2011. Wanting to know if I can reopen the medical worker’s compensation
Yes you can apply to have the carrier pay continued medical benefits but since the Texas State Supreme Court (TSSC) has taken away the right of injured workers to sue carriers for bad faith most are lef with little to no remedy. The TSSC must believe the carriers will pay or reopen claims based on...Read more »
He is already on probation for a case that happened after this newest allegation so he hasn't reoffended. He has done everything that is required of him on the probation period he's currently on. What do we need to do to get him out of jail? Is there a lawyer that would maybe take his case pro... Read more »
I would say the chances of finding a pro bono lawyer are slim but you may be able to obtain someone that will charge a reasonable rate and take payments. Many times the difference in the price between a good lawyer and a great lawyer is very similar, the key is to find a lawyer that your...Read more »
Been receiving workers comp and now they opted out of workers comp? She was run over by a car at work and hasnt been cleared to return. She had an orthopedic appointment for a torn meniscus and they called and said they opted oit of workers comp? And now want her to sign something to do a... Read more »
Sounds as if she has been referred to a work hardening program? I agree with S. Michael, employers cannot "opt out" after a worker has been injured. They are either "all in" or "all out" at the time of the injury.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.