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Questions Answered by Penny Wymyczak-White
2 Answers | Asked in Criminal Law for Texas on
Q: Is a traffic stop resulting in charges valid if no citation for the moving violation is written?

My boyfriend was pulled over bc he almost fell asleep driving and swerved onto the shoulder pretty hard. An officer saw him do this. The vehicle was searched and drugs were found. He was not given a ticket or a written warning or anything for the reason he was stopped. Several people now have told... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 4, 2024

The stop is legal. Police do not have to give you a citation for the reason they initially stopped you if they find drugs in your car. Did you consent to the police searching the car or did the police smell pot. The police have to have PC to search your vehicle

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: At what age can a child choose who they want to live with?

And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 22, 2024

A judge can confer with the child at the age of 12 but the judge does not have to honor the child's wishes. The judge determines what the best interest of the child. Father could still get custody even if he only has two bedrooms. It is best to work custody cases out. If you go to... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: I was indicted on a lesser charge than originally arrested for without ever stepping in a court room yet

Is that a possible grounds for dismissal?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 17, 2023

No. It is not grounds for dismissal. Retain a lawyer to assist you in resolving your case. You may of been overcharged originally

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I don’t want my son seeing his dads mom due to past abuse, can that be court ordered?

When my son was 2 his dads mom abused him, contact was cut - no cops called & dad agreed. 5 years later noncustodial parent (dad) is brought him back around her. I have a custody order in place, I am primary. His ex wife filed for divorce for full custody due to his inability to care for their... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 1, 2023

You would have to retain a lawyer and file a Motion to modify to get an injunction to keep ex mother in away from your son,

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2 Answers | Asked in Criminal Law for Texas on
Q: Can I be charged with possession of a controlled substance if it was in the trunk of someone else’s car in a iPhone box

My daughters car was parked and no one was in the car the police came because of somebody who was helping us move they searched the vehicle and they found a iPhone box and it had drugs in it because I had a iPhone they charged me even though my daughter and me both said it wasn’t ours and it was... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 31, 2022

They must prove you intentionally and knowingly exercised care, custody, control or management of the controlled substance - beyond a reasonable doubt, in order to convict you of possession , you can be charged but you can fight the case if you are not guilty. You did not say why police searched... View More

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2 Answers | Asked in Criminal Law, Family Law and Child Custody for Texas on
Q: Can cps threaten my wife not to talk to me and keep my kids away from me?

I'm being accused of assault against my teen stepdaughter. cps has gotten involved and has threatened my ex and my wife about not letting me see or speak to my kids. My ex and I have gotten a judge to approve me having contact with and seeing my teenage son. But my wife wasn't aware of... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 31, 2022

Sexual abuse is a very serious allegation. Cps will place your kids in foster care if you wife does not comply. Retain a lawyer to refute the false allegations. You may want to take a private pologragh

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: Homeschool in Texas.

Can a non custodial parent be charged with truancy for not completing curriculum or dropping them off at the custodial parent’s house during school hours to complete work during a weekly visitation?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 31, 2022

I would assume the primary parent would be charged with truancy, You could file a Motion to Modify and get custody so your child could get an education,

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1 Answer | Asked in Criminal Law for Texas on
Q: I am on intervention deferred justification probation in Harris county Texas. What would happen if I missed a visit

Due to medical problems .

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 11, 2022

Get a note from the doctor and notify the person you were supposed to visit asap. You should of called them ahead of time before you even missed the appointment

2 Answers | Asked in Child Custody for Texas on
Q: Can I file a motion to continue to find legal counsel?

IF I'm in a custody case and the other part filled an attorney on record the Friday before court on Monday at 4pm. Can I file a motion to continue to find legal counsel? We were both self represented.

I got temporary orders granting me but he gets one weekend a month but he hasn't... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 11, 2022

You need to file a Continuance asap. You may want to find a lawyer and have them file the continuance, Also if other party agrees that also would be helpful,

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2 Answers | Asked in Divorce for Texas on
Q: What are the pros and cons of being added to our mortgage?

Not currently on it and we’re in divorce talks

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 27, 2022

If you are getting divorce unless you are being awarded the house do not get added to the mortgage . You will be laible for the debt and have a hard time getting another house id your spouse is awarded this house.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What is a joint managing conservator?

I don’t want to lose my song because of something that happened that was out of my control. I had PPD after my son was born and became suicidal. But that’s not happening anymore.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 25, 2022

Both parents have rights and duties, Both parents have periods of possession. The Childs parent but th eother parent primary residence may be with one gets every thursday over night during school year and 1st3rd and 5th weekends from thursday to monday morning, 30 days in summer and every other... View More

1 Answer | Asked in Family Law for Texas on
Q: If someone filed a affidavit of heirship claiming my father had no heirs what is the statue of limitations on correcting
Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 21, 2022

A ad litem should of been appointed to check for all heirs. If the case has not gone to court yet retain a lawyer asap. If it has gone to court and the affidavit states no heirs the property should of not been awarded to anyone,

2 Answers | Asked in Family Law for Texas on
Q: Visitation modification

I'm currently the "Non Custodial Parent", looking to relocate to Kentucky due to lower cost of living (Barely breaking even in Dallas). What modifications might i need to visitation and what is a typical out come to expect? Would it be possible to get over summer visitations,... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 7, 2022

You get over 100-mile visitation, If it is not part of your court order you need to file a Motion to Modify, Part of it si 42 days in summer every Spring break , One weekend a month and holidays remain the same, ,

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1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Mother passed away in 2021 in Texas, she had no physical property, just life insurance of $110,000, how do I file this?

3 adult children, one is under the Guardianship of the state, the other one has agreed to one person controlling the estate and dividing out.

Beneficiary passed away June of 2021, she passed Sept of 2021.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Oct 30, 2022

The life insurance goes to the beneficiary . Call the life insurance and see who the beneficiaries are . They will give you instruction how to get the money if you have the beneficiary. You will need the death certificate

1 Answer | Asked in Criminal Law for Texas on
Q: Name is backwards and misspelled on report indictmen ,and docket does it matter
Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 11, 2024

This can be corrected very easily.

1 Answer | Asked in Criminal Law for Texas on
Q: Can an officer make me unlock a built in safe in my center councel? Does me being a felon make any difference?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 10, 2024

If the police has probable cause they can search your car.

3 Answers | Asked in DUI / DWI for California on
Q: Dui plus hit and run

Hello so I hit a parked car parked in a fire lane in my neighborhood and went home to tell my parents but before I could The police showed up and tested me for dui and I did get a dui. It wasn’t an intentional hit and run as I didn’t know I hit till I got home and was going to then go back.... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 10, 2024

If you have insurance they may drop the hit in run. Retain a lawyer if see if there is any way to keep it off your record

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2 Answers | Asked in Family Law for Texas on
Q: Am I required to provide my 18 year old son or his father the son’s medical records or a list of doctor(s) he visited?

My estranged 18-year-old son and his father are demanding my son’s previous medical records and a list of his doctors and medications he took when he was under the age of 18 and in my care. They are stating that I am legally required to provide this to them. Is this something that a court order... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 10, 2024

If he is still in high school and there is a court order you probably need to provide the records or name of doctors.

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2 Answers | Asked in Civil Litigation, Criminal Law and Civil Rights for Texas on
Q: After occupants of a stopped vehicle are cleared can an officer force you out of your car randomly?

We, my wife, & myself were headed back to Texas A&M Veterinary emergency clinic with our dog who suffered a shotgun blast point blank range to the face and needed extensive reconstructive surgeries because his wounds became seriously infected.

Exiting Hwy 105 onto Texas Ave going... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 8, 2024

The police can ask a passenger to step so they can talk to them. You did not post the results of the conversation.

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1 Answer | Asked in Elder Law and Family Law for Texas on
Q: Is there Case law regarding the use of recordings of verbal/emotional elder abuse?

I have Power of Attorney for my 95 year old incapacitated mother. I have audio evidence of a sibling verbally and emotionally abusing her. Is there case law to use this recording in a guardianship hearing?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

You cannot use a recording unless you are a party to the conversation

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