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Questions Answered by Penny Wymyczak-White
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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

2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: Someone paid the taxes on my late mother's house and moved in. How do I get them out and reclaim my property

She left a will

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

How long have they lived there ?

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3 Answers | Asked in Criminal Law for Texas on
Q: Can you be arrested for one thing and be charged with something else

What if they doesn't have any evidence and what usually happens

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 29, 2023

Yes. the ADA changes the charges all the time

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1 Answer | Asked in Criminal Law for Texas on
Q: I have an upcoming court date from 2020 it's for terroristic threat what kind of punishment am I looking at

And where can I get a court appointed lawyer

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 24, 2023

When you go to court request a court appointed lawyer

2 Answers | Asked in Criminal Law, DUI / DWI, Car Accidents and Wrongful Death for Texas on
Q: Question on attorney-client privilege vs ethics in regards to knowledge of a clients for someone's death in a dui charge

My girlfriends son was out with his gf and her friend and some sort of car accident happened which resulted in his death. The two girls said that he climbed out the rear window while they were driving because they were fighting. Police believed them (although they were allowed to fill out a single... View More

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 6, 2023

Retain a civil lawyer and sue her. You can take her deposition

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3 Answers | Asked in Wrongful Death for Texas on
Q: My daughter was killed by a drunk & high driver. The DA on the case is not going to try the man for manslaughter.

They said my daughter was driving too fast and they think that the defense would beat them because of that. She was going 93 on impact the speed limit is 75 mph. They are only charging him with DWI & possession. I need to know if that's can be fought or not? Proof from the police reports... View More

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 29, 2023

You can't override the ADA even if it unfair. You can sue the drunk driver and the bar that they served them alcohol. I am sorry for you loss. .

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2 Answers | Asked in Criminal Law for Texas on
Q: If I been out on bound for two year and I have not been indicted can a charges be dismissed I have three felony charges
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 21, 2023

You need to ask your lawyer if you are indicted. I doubt a Harris county judge will let a case stay unindicted for two years. ADA could dismiss

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2 Answers | Asked in Criminal Law for Texas on
Q: Does Texas have pretrial diversion in a felony case ?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 7, 2023

Yes. but not all counties have PTI.

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1 Answer | Asked in Child Custody for Texas on
Q: Child custody

I need to get full custody of my son his dad is an alcoholic and has a felony for family assault and a dui and has been to rehab (forced) for alcohol and drugs I have texts supporting my son feeling unsafe while over there if I bring this up in court what if he says my bf smokes will they think... View More

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 6, 2023

Retain a lawyer your bf can take a drug test prior to the court date.

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