Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Penny Wymyczak-White
1 Answer | Asked in Criminal Law for Texas on
Q: Does time spent in county between sentencing and transfer to tdcj count towards 6 months sentence to safep in Texas

It’s been a month since sentencing. Still in county. Sentence is 6 mos in a SafeP facility.

Penny Wymyczak-White
Penny Wymyczak-White answered on May 16, 2022

No your time in SAFE counts when you get there

1 Answer | Asked in Child Support and Family Law for Texas on
Q: I am going to try and reduce my child support due to my income being $60,000 less. I am in Spring, TX, Harris County.

I also pay for my older daughter’s college tuition. Can I use this for consideration to reduce it more?

Penny Wymyczak-White
Penny Wymyczak-White answered on May 16, 2022

You can't use paying college as a way to reduce child support. Child support is based on your income

1 Answer | Asked in DUI / DWI for Texas on
Q: I was found guilty of my 2nd dwi. However my license still shows eligible on dps website. Am I still legal to drive?

Charge was in April 2021. My license was never taken. Conviction was Jan 2022. On my court papers it's says dic 17 and a 2 year time span beginning the day of the conviction. It's been 5 months now and im still showing eligible on Texas dps website.

Penny Wymyczak-White
Penny Wymyczak-White answered on May 14, 2022

It could be a clerks error. If it states you are eligible to drive you can drive but you need to check daily

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: My son 16 lives in Tx with Father I live in Louisiana how can I get visitation for my son can come with his mother

I haven't had visitation since 2013 I lost my son by default a court date I had no clue about. I'm on block his keeping my son from me to get back at me for leaving him. Is it to late to get visitation

Penny Wymyczak-White
Penny Wymyczak-White answered on May 14, 2022

Retain a lawyer in Louisiana and have the petition the court.

1 Answer | Asked in Family Law and Elder Law for Texas on
Q: I have a old friend who is depressed by life and is not taking acre of herself. I live in anoher state but am visiting.

She is ill and will not go to the doctor. She c an hardly walk and is taking too may pain and sleeping meds. She lives alone.

Her family thinks she is mentall ill and they don't get along. One child is in 2 hours away the other on the west coast. II have no legal relationship but... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on May 6, 2022

The lawyer can only talk to you if she gives you permission. Try to get your friend to let you go to the doctors with her and discuss her issues

1 Answer | Asked in Family Law and Child Support for Texas on
Q: I got a citation served to me from the attorney general that says I need to submit a written answer how do I do that?

It says I have been sued and have 20 days to respond

Penny Wymyczak-White
Penny Wymyczak-White answered on May 6, 2022

Retain a lawyer . If you do not file a answer they can take a default.

1 Answer | Asked in Divorce for Texas on
Q: I filed for divorce in Tx. I am unemployed and needing money to pay bills. Can I cash my 401k if we both agreed and sign

We signed final decree stating I get to keep my 401k and he keeps his. I need money to pay for my bills and food and divorce fees. Will I get in trouble if I cash it out now? I know they recommend to wait til after but my question is will I get in trouble if I cash it out. I really need money since... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on May 6, 2022

You can cash it in. You will have to.pay taxes on it but you will not be in trouble

1 Answer | Asked in Criminal Law for Texas on
Q: My son was released from jail yesterday, after serving time for a possession charge of methamphetamine of less than 1 gr

While in jail he was weaned off the methamphetamine, evaluated by a doctor and put on psych medications for PTSD, schizophrenia, and high blood pressure. He found out today that a warrant for his arrest is out, for a bond forfeiture that happened because he missed payments. Can the bond be... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on May 3, 2022

Call a lawyer because something doesn't add up. It is not double jeopardy. If he was just released from jail maybe bonds company surrender the bond

1 Answer | Asked in Divorce for Texas on
Q: I have been married almost 33 years and a stay at home wife with no income or resources of my own,husband want divorce

I don’t know what to do how to start without funds

Penny Wymyczak-White
Penny Wymyczak-White answered on May 3, 2022

Get a job . Consult a lawyer to discuss what you would be awarded if you were to divorce.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son's mother (the custodial parent) has been arrested for murder, I now have my son. What happens to my arrears?

She was arrested and indicted for murder and a few other charges. I now have my son. What happens to my child support arrears?

Penny Wymyczak-White
Penny Wymyczak-White answered on May 3, 2022

If your ex is on bond one way to handle the arrears would be she does not pay you child support until. She gets credit for your arrears. If the arrears us owed for Medicaid you still will have to pay that portion

1 Answer | Asked in DUI / DWI for Texas on
Q: Need info on filing a non disclosure petition for a breathalyzer refusal in Brazoria county

It was 17 years ago,but the refusal is keeping me from getting a driving job

Penny Wymyczak-White
Penny Wymyczak-White answered on May 2, 2022

There are not enough facts. We're you charged with a dwi. Call an criminal defense lawyer and after all facts are known a attorney can tell you if you can do a non disclosure

2 Answers | Asked in Criminal Law for Texas on
Q: Served 1 yr in prison while on felprobation in another county & was never bench warranted or contacted in past 2 yrs why

Want to know why I was released from prison without settling the probation violation for the other county. I was there for 1 year. Its been a year since. Nobody has contacted me or my family members. And when I was locked up my attorney said there wasn't showing any warrants or anything from... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on May 2, 2022

You will need to retain a lawyer to look into your out of county case. If there was a warrant you should of been bench warranted. There is a chance they dismissed the case

View More Answers

1 Answer | Asked in Divorce for Texas on
Q: A vehicle was purchased before marriage who has the right to the vehicle
Penny Wymyczak-White
Penny Wymyczak-White answered on May 1, 2022

Your vehicle is your separate property.

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I need to know if I can file a lawsuit

I need to know if I can file a lawsuit against the hospital who turned my 17 year old daughter away while she was in a cardiac arrest for she arrived at a later hospital and she died a minute after she arrived parents were never notified until after her death

Penny Wymyczak-White
Penny Wymyczak-White answered on May 1, 2022

You would need to get the medical records and consult with a lawyer so they can be reviewed .

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: I have a felony posses charge and they filed it under the wrong middle name. What can I do because it's not my name.

The middle name isn't my name but all the stuff being sent has the wrong middle name even the indictment.

Penny Wymyczak-White
Penny Wymyczak-White answered on May 1, 2022

The ADA can correct your name.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: If my ex’s birthday falls on my Friday that i pick up my child does she need to drop her off to my residence?

Since based on standard orders in Texas, she gets her from 7 to 9 p.m. Also, standard orders say my time starts at 7 p.m.

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 26, 2022

Without reviewing the order no one can tell you for sure. But by the facts you stated she would have to drop her off if she chooses to exercise the birthday possession

1 Answer | Asked in Divorce for Texas on
Q: My husband is in jail how can I serve him divorce papers
Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 26, 2022

Hire a process server and they can serve him in jail

1 Answer | Asked in Criminal Law for Texas on
Q: What is probability of receiving probation for burglary with intent charge ?

being charged with Burglary of a Habitation with Intent (First degree felony) & Assault of a pregnant person (third degree felony) will receive probation instead of prison.

• this is their first time ever being in legal trouble

• victim recanted their original statement in... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 26, 2022

You are eligible for probation. Retain a lawyer and they may be able to negotiate at plea that you are happy with

1 Answer | Asked in Family Law for Texas on
Q: Help with verbal agreement only with mother of son

Verbal agreement over custody only. Son stays with me Mon-Fri and every other weekend. She allows him to drink, steal, no curfew, out till latest 430am, does not contribute to son's education,clothing,living or health,21 y/o half brother drives him everywhere during that time. Much more. I... Read more »

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

Go to court and get a court order.

1 Answer | Asked in Consumer Law and Personal Injury for Texas on
Q: I was eating at Denny's and there was a piece of broken plate fried in my pancake puppy and it broke my tooth off.

This happened july1 2021 do I still have time I had an attorney that but after I got ex rays he told me he could get $5,000-10,000 for it if I wanted to go ahead and settle, but then he said so to a client or case he took on he couldn't represent my kind of case. Can I still do something about it.

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

You have two years from the date the incident happen to file a lawsuit .

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.