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Questions Answered by Penny Wymyczak-White
1 Answer | Asked in Family Law for Texas on
Q: There are court order papers stating that the mother is to see her child once a month on the first, the father will not

let her because the 10 yr old says she doesnt want to see her.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 3, 2023

Retain a lawyer and file a Motion to Enforce.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can the police use the smell of marauana line to remove and secure a room for search warrant after being told no

I was in a room in my name in Gainesville texas , police showed up said they received a welfare concern call on a female in my room, she came to the door and told them she was fine , the police officer asked to come in and look around and was told no several times. Then looks at his partner and... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 3, 2023

The police could get a search warrant based on the facts you presented . Retain a lawyer .

1 Answer | Asked in Criminal Law for Texas on
Q: If my old lawyer dropped my case after being my lawyer for over 6 months because she got a job working for the da.

Is it legal or allowed for my lawyer who knows all my facts about my case to withdraw from representing me to go work for the DA?

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

Yes, she can go work as a ADA but she cant be involved in your case,

2 Answers | Asked in Criminal Law, Constitutional Law and Probate for Texas on
Q: Technically, does the prosecution still need to prove guilt if a person takes a plea?

If a plea deal is entered to by a defending party for whatever reason, even though the person may be innocent, does the prosecution still need to prove guilt or does an admission automatically situates his/her guilt?

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

You confessed to the crime when you entered a guilty plea

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1 Answer | Asked in Criminal Law for Texas on
Q: Is there a law against Tampering with or disabling security or surveillance camera or security system in texas
Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 31, 2023

Yes, make a police report and see if the district attorney will accept charges ,

2 Answers | Asked in Criminal Law for Texas on
Q: If someobe gets pulled over and goes to jail for a violation of probation warrant

And the arrest is in a different county. How long can that county hold that person for

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

On the average the time is ten days. If there is a bond you can bond out

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2 Answers | Asked in Criminal Law for Texas on
Q: My husband was forced into taking 9 years due to a threat of 25- life and his co defendent was able to have the case dis

Dismissed due to evidence being lies what can my husband do because now his charges have been charged 3g

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

You need to retain a criminal lawyer to review the plea and the dismissal on co defendant. It is not easy to set a plea aside.

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Trying to understand what is needed to prove a mothers negligence in custody of children for father to receive custody

Known abuse/neglect to the children however is covered up when needed and never seen by authorities. The mother is a very manipulative person and has tried to put several things against me (the father) that ends up failing or getting disproved. Mother has said if I don’t get back together with... View More

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

In Texas parties are usually appointed. Joint conservators with on being primary. The burden of proof is the best interest if the child

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Can you get stopped for a exp registration when the Gov claimed aCovid state of emergency and didn’t have to get renewed

I was stopped by an unmarked truck by a detective who wanted nothing more than to search my vehicle. He said he pulled me over because of an expired registration but, Governor Abbott said we did not have to renew registration until Covid state of emergency was no longer in effect. Is this a legal... View More

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

The emergency is over, The stop is legal but they still need pc to search, The search may not be legal,

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2 Answers | Asked in Family Law for Texas on
Q: my step daughter turns 16 next month. can her father just go pick her up . she wants to live with father not mom
Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 25, 2023

If her mom is ok with her living with her dad he can come pick her up

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2 Answers | Asked in Criminal Law for Texas on
Q: Hello . Can I switch from court appointed and hire a lawyer if the trial is about to start ? Or at anytime ?

I have a court appointed lawyer but I think he is overworked and seems like he is not as concerned as before and him and the DA have put off my case for 5 y rs and in March is supposed to be the court date but have Ben told that at least 5 different times before and never happened. But March the... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 25, 2023

You can retain a lawyer if they can be ready for trial in March. There is not a statute of limitation issue because you are charged

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3 Answers | Asked in Child Custody and Family Law for Texas on
Q: I have a great opportunity to go to Germany for a year or two. Can my ex keep me from leaving with our child?

I have primary custody and she prefers to be with me. We no longer are able to communicate amicably. He recently married and has all of a sudden tries to make me seem as though I am not a good parent. When he only became more involved with our child 2 yrs ago. I want her to have the experiences of... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 25, 2023

You have a uphill battle to convince a court that the child should not live near the other parent, Be prepared to pay for all travel if the judge lets you go.

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1 Answer | Asked in Adoption, Child Support and Divorce for Texas on
Q: Is it wise to set up child support payments to a bank account instead of through the Attorney Generals Office?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 23, 2023

It is not wise. The other party could claim it was a gift and you may have to pay double. Use the AG and you will not have any issues

2 Answers | Asked in DUI / DWI for Texas on
Q: Charged with 3rd dwi with a prior felony evading 20yrs ago. What are the odds of probation in texas? Last dwi 2003
Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 23, 2023

It depends on what county you are in. There is always a chance you can get probation. Retain a lawyer to assist . If you have a drinking problem start going to AA.

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1 Answer | Asked in Family Law for Texas on
Q: Will a closed cps case come back on a background check if you want to be a public school teacher in Texas?

So when i was 21 i was in an abusive relationship where he got me involved in drugs. I got pregnant at 23 years old and did not find out until i was 5.5 months along. I did get off it soon after finding out. However his first poop they test and came back positive for heroin. Even though its only up... View More

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

Depending on the final conclusion if CPS you may be able to seal the case

2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I gain control as power of attorney over my now incapacitated mother.

My mom has dementia and her paperwork named my dad as having power of attorney (medical, durable, etc). I just found out I’m alternate in the event of his death which happened about a month ago. Before he died, he made a financial arrangement with a former maid to become their “household... View More

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

If you have your mothers power of attorney terminate the proxy, You also may want to probate your dads estate,

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2 Answers | Asked in Criminal Law for Texas on
Q: In a felony drug case what does it mean for the case when the Texas department of public safety lab results report

Disclosure event:sample switch discovered after results reported ; description of event: evidence was analyzed for incorrect case number

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

There was a mix up in the lab . That could be a could good or bad .

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: I got charged with burglary of habitation with intent to harm but the police report says something that didn't happen

I caught the guy i been dating cheating went to the house he open the door and let me in and the girl assaulted me and the police report told a complete lie and stated things that never happen so they could charge me with burglary of habitation with intent to harm I went to the hospital for a... View More

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

Retain a lawyer to assist telling your side. You lawyer may be able to prepare a grand jury packet.

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1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Immigration Law for Texas on
Q: Being stopped in Texas, the driver was intoxicated, with weed in the car and the passenger is an immigrant...

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

Any arrest could impact your immigration I would not ride in the car with him under this set of facts,

4 Answers | Asked in Family Law and Child Custody for Texas on
Q: I'm looking for clarity on the "Parents who reside more than 100 miles apart".

My son's mother is claiming that she lives more than 100 miles because 1 of the 3 routes to her house is 102 miles. The other 2 routes are 82 and 87 miles.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 18, 2023

Your ex needs to quit playing games, Tell her the route you take with the miles and ley her know that you intend to follow the court order,

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