Example: self-defense (TPC 9.31). If the trier of fact believes to the necessary standard that your actions were necessary to defend yourself from harm, are those actions no longer a criminal act, or is the action still a crime, for which the defense simply precludes prosecution?
If the examination was for determination of MMI/IR you MUST be examined or the report is inadequate. Even if you were examined on a previous occasion and determined to not be at MMI you must have another examination to certify you at MMI.
However if the medical provider was submitting a...Read more »
The injury happened at work and was being looked at by a Doctor through worker's comp and then he discharged me saying there was nothing else he can do for me so now I got a worker's comp lawyer and went to another Doctor only to be ridiculed by him saying that I was over weight and that my back... Read more »
I am sorry to be the bearer of bad news but once the case has been filed the SOL is tolled (stopped). You may have other arguments though such as violation of right to speedy trial but if your not in jail that's a difficult argument.
Yes, it generally will, however your lawyer may be able to negotiate that point in a plea bargain. One method I have used in the past is to have my client plead to "obstruction of a highway" so their license is not suspended. But it depends on the strength of your defense and the willingness of the...Read more »
Yes, provided there is no sexual relations. The age of consent for sexual activity is 18 in Texas. However the Romeo and Juliet law allows an affirmative defense if the couple is no more than 3 years apart in age. A rule of thumb for the appropriate age is to divide the older person's age by 2 and...Read more »
I got dehydrated while working in a slicker suit and my back was cramping up and then my back started to hurt and then the workers comp doctor said i needed to work so i can work those muscles aand my back was hurting even more and then was discharged by the doctor and that same day was laid off
First and foremost you must file a claim if you have not. An IE only has 30 days after the date of injury to report the injury to the employer. If you do not report w/i 30 days you must establish "good cause" for failure. Seeing the company doctor implies that you did report the injury....Read more »
You should hire a lawyer to defend your case. You were fortunate that you were not charged with a more serious crime. I hope you did not enter any residence or building bc the DA could modify your charges to burglary of a building. I am sorry to say people seldom have the right to self help, just...Read more »
I am a senior citizen. I have had a cat since she was a small kitten. She is about nine years old. she is an outside, only coming in to eat. Very friendly I had her spayed, and vaccinated and micro-chipped in 2012. For the past year and a half, a neighbor has held her captive and she returned home... Read more »
I am sorry you were deprived of your pet for that period of time. This is just my opinion, but I agree with you. The law generally makes sense. I would not pay them a penny for essentially cat-napping my cat! The neighbor should count themselves lucky if you do not sue for the loss of enjoyment...Read more »
Sometimes a court will require an U.A. as a condition of bail. A problem with some U.A.s can arise when the test is disposed of immediately and there is no quantitative analysis to prove the level of a positive test. Oh and yes, the probation officer (PO) has almost complete discretion over...Read more »
Thanks for your question and I am sorry for the situation. IF YOU HAVE THE RESOURCES TO ASSIST HIM WITH BAIL, that would be the most immediate help. Hiring a lawyer would also be in his best interest. If you speak with him from the jail remind him telephone calls are subject to being recorded and...Read more »
The Borger Police Department pulled up to my Husband as he was walking out of his Uncle's house. They gave him a ticket for no driver's license and searched the car with no probable cause. They then followed my son n law home when he went and got the car. This is ongoing harassment by Borger Police... Read more »
The Texas AG's office may be your best bet to stop harassment of this type. A legitimate police action is generally allowed but I see this type of behavior more and more and we, as citizens, need to stand up to it or we may lose more rights. You could also send a letter to the County Sheriff...Read more »
I will not be able to work for 4-6 weeks. Workers comp has been paying for my medical expenses but now that I will be out of work, am I eligible to receive income from workers comp? I spoke to my adjuster and they said no because I no longer work for the same employer. My new job is in the same... Read more »
I am sorry to say but the adjuster gave you a load of crap! It does not matter if you changed jobs. The definition for disability, and therefore entitlement to TIBs, is not dependent on the injured worker being with the same employer. We can look to the DWC, which publishes the "Appeals Panel...Read more »
It depends on whether he "elected" to take PTO rather than receive income benefits. Regardless he should be entitled to receive impairment income benefits. PTO does not replace that because that is for injuries to his body. If his PTO has been exhausted.
Sorry, you will surely need a good lawyer to help you through the morass. For the misdemeanors the theft charge can be enhanced with a FINAL conviction of a previous theft. The key point is whether they attempt to enhance the SJFs to a 3rd or 2nd degree felony. With that in mind I will paste a...Read more »
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