First, remember that in a criminal case, only the prosecutor can file a motion to dismiss. The defendant and his attorney cannot.

With that in mind, the answer to your question is the prosecutor could file a motion to dismiss on the ground that the code does not authorize the issuance of a... View More

Both adjoining landowners have legal responsibility to maintain, repair, and replace a fence that is on the property line between two adjacent tracts of land. Most homeowners' insurance policies cover "other structures" including fences for damages caused by natural disasters.

He can acknowledge the existence of his two adult children in his Will and leave them nothing.

Be aware that as executor of his Will who do not have the discretion to withhold assets from your mom if she is the beneficiary of his Will. You will have a fiduciary duty upon his death to pay... View More

Your termination may violate the FMLA if you can prove that the stated reason "threatening a co-worker" is a mere pretext and that the actual reason for your termination was you taking medical leave.

You need to hire an attorney like F. Lee Merritt who has a lot of experience in civil rights cases against law enforcement. Most attorneys do not handle this type of case due to the very low probability of success and the limited damages available.

You may have a claim for compensation... View More

You should send written notification to the landlord or the landlord's representative with copies of the photos and videos. Check your lease to determine if it contains a provision specifying where and how written notice is to be sent. If your lease does not contain such a provision, send... View More

Because you are not the one who sold the property to the new buyer, the preparation, signing, and delivery of a warranty deed is not your responsibility. The original buyer who sold the property to the new buyer and assumed the original buyer's note obligations to you is the party who should... View More

In the absence of a recorded lien against the motor vehicle as collateral securing repayment of the loan, the lender violated Texas law by taking possession of your motor vehicle. You should report the taking of your car to local police.

You also can file a lawsuit under the Texas Theft... View More

If you purchased the warranty in Texas and it does not contain either an arbitration clause or forum selection clause, you can sue the company here in Texas for breach of the warranty contract. Depending on what the lawsuit filed by the Pennsylvania AG alleges, there may even be a suit for a Texas... View More

To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More

I do not think it would be worthwhile for you to retain an attorney at this point. Mere worry and fear that your records may have been exposed while being sent through the US Postal Service would not be sufficient to support any award of monetary damages. You probably have done what can be done... View More

With the policy not naming any contingent beneficiaries, the insurance company must issue a check for the policy proceeds to the Estate of the decedent. It would be bad faith if the insurance company issued the check to you and/or your siblings personally.

The executor of the... View More

It appears you have a verbal month-to-month lease for an indefinite term. If that is true, then your landlady is required to give you 30-days advance WRITTEN notice to end the lease. She is not required to notify you of her intent or efforts to sell the house. Absent an agreement to the... View More

You need to negotiate with your brother's estranged wife. In the absence of a written designation signed by your deceased brother, his estranged spouse is entitled to his ashes.

In the absence of a written Will, your brother's children are entitled to a substantial portion of... View More

You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More

If you can trace the $90k down payment to the proceeds received from the sale of your separate property home, you have a valid argument that your new home is an asset of mixed character--meaning it is partly your separate property and partly community property.

For example, if the price of... View More

The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to... View More

No this is not a RESPA violation. Property taxes are the legal responsibility of the owner (YOU). Lenders almost always require a borrower-owner to timely pay their property taxes. Sometimes, lenders require the borrower-lender to escrow money by paying an additional sum each month with the loan... View More

When you reach 17 years of age, you need to hire an attorney in Texas to file a suit for emancipation. It would be best if your parents were in agreement. You will be required to serve them with your suit and they will have the opportunity to object. Because of how long any case takes to reach... View More

In the absence of significant damages, it will likely not be possible for you to locate an attorney willing to work on such a case on a contingency fee basis. You would need to show some sort of "value" to the leased premises. If it is a commercial property in a prime location with a... View More