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Questions Answered by Penny Wymyczak-White
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
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
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
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
Penny Wymyczak-White
answered on Jun 6, 2023

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

2 Answers | Asked in Criminal Law for Texas on
Q: Can an inmate get released if they have covid
Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 5, 2023

No. They will not be released

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2 Answers | Asked in Probate for Texas on
Q: When you fire a probate lawyer. Do you have to pay her after that?

My lawyer is charging me for my emails to her , to the courts and to restract postings in the newspaper.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 2, 2023

You need to pay her for the work she completed

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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Am I required to keep all of my children during visitation if I don’t have the means to?

I am unable to afford a space for all 4 children to sleep comfortably. I am asking for 2 children at a time, but my ex is adamant that I must take all 4 or none at all, in which case she is stating that I am forfeiting my time with them. The standard possession order does not specify that I am... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 28, 2023

Buy sleeping bags or put blankets on the floor. You don't need beds.

2 Answers | Asked in Child Custody, Civil Rights and Family Law for Texas on
Q: I have a endanger of a child who has been in child protection custody for a 1year now shes been place with a family

Im trying to get her place back home had her go to family can i get her back with me soon in how long do it take for her to be back with me i did all they asked of me

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 27, 2023

If you have a lawyer you should be asking your lawyer who knows all the facts. A year is a long time. If no lawyer you will need to request the judge to place the child with you.

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1 Answer | Asked in Criminal Law, DUI / DWI and Federal Crimes for Texas on
Q: Is there anyway to get a 30 year old DWI felony expunged?

I want to get my rights to carry a gun back. Is there anyway to do that with these felony DWI’s that are 30 years old?

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 21, 2023

No you cannot expunge convictions ..

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Would it be illegal for a minor to stay in the US without a guardian for 2 weeks if the guardian is travelling

Parents are divorced and one is traveling out of the country and another one lives in a different state without the child

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 21, 2023

The child needs to be left with an adult it does not have to be a relative.

2 Answers | Asked in Adoption and Child Custody for Texas on
Q: I need help with child custody questions please. The case in kind of complex

My husband I are needing to get immediate custody of his daughter, my step daughter.

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 19, 2023

You need to contact a lawyer in the county the case is in. You will need to file a motion to modify .

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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Texas on
Q: 23 year old allowing 14 year old to smoke marijuana and blowing marijuana smoke in a 7 year old face on a daily basis.

Why can't I file charges?

Police reports made and drug test were done.

CPS was called and no charges have been referred

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 14, 2023

Call CPS and report 23 year old.

1 Answer | Asked in Family Law for Texas on
Q: Can I request my mother take guardianship of my daughter over her father, in the event of my death? No agreement exists.

Father has never paid child support and has had next to no contact with her and it’s possible he wouldn’t even fight it anyway. I’m currently hospitalized but he isn’t aware as of yet.

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 13, 2023

You can request it in your Will and at least she will have a chance to get custody.

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: If my husband threatens me with the gun he owns while he is drunk… what can I do? Will he be jailed for that?
Penny Wymyczak-White
Penny Wymyczak-White
answered on May 13, 2023

If you call the police he will be arrested

3 Answers | Asked in Family Law and Child Custody for Texas on
Q: Im the non-custodial parent, I moved to California. In order for my daughter to come visit me her mom wants me to make

the changes. Some of what the decree says is old and not updated. I dont know how to go about it.

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 2, 2023

You need to retain a lawyer to modify possession for over a hundred miles

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2 Answers | Asked in Family Law, Personal Injury and Civil Rights for Texas on
Q: Even though I am an adult living with my parents, are they allowed to deny me access to water or the bathroom?

Since December 27th of 2022, my parents have been locking me in the garage with no insulation, with no access to water or the bathroom.

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 2, 2023

Get a job and move out If you are disabled get government benefits. You can also go to a shelter

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2 Answers | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Was this a lawful traffic stop?

I was pulled over because the officer said I pulled too far past the white line at a stop sign (which I did not ) he immediately asked to walk the dog around my truck I said no but they still did. He never even asked me for my license and registration also during the stop he asked me who was inside... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 21, 2023

The stop may be legal but the dogs are not

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1 Answer | Asked in Criminal Law for Texas on
Q: Can I own a gun even tho I complete my deferred adjudication unsatisfactory due to fees
Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 21, 2023

Yes. Your case was dismissed. You may not be able to file a non disclosure but you can own a gun m

3 Answers | Asked in Legal Malpractice and Wrongful Death for Texas on
Q: My husband was in a rehab facility and there where several incidents that occurred and this last one resulted in his de

Resulted in his death what should I do

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 20, 2023

Without knowing more facts I can't tell you what you can do. You may have a lawsuit. Please call a lawyer to discuss the facts. I do not charge for the initial phone call and I am sure other lawyers will talk free over the phone

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