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

Yes, you can stay in your marital residence even though he has moved out.

Yes, he can legally turn of utilities that are in his name before a divorce is filed.

Because you are also an owner of the home, you can turn the utilities back on in your name.

If you file for... View More

It sounds like you have done what you can do under the circumstances. You might consider erecting some type of screen along the fence you share with your neighbors or putting an outdoor kennel in your backyard to protect your own small dog in the event that your neighbor's dog breaks through... View More

Yes you can. You will be able to recover the fair market value of your dog at the time the shelter adopted the dog out. Factors going into this calculation include the breed and pedigree of the dog, its age and health, and any specialized training or skills the dog may have. The trier of fact... View More

Generally, the recent past Texas cases would allow the Dog owner to avoid liability if he had no knowledge of his dog's propensity to bite--so the dog's first bite was a "free bite". However, a few factors would create possible negligence of the dog owner if there is evidence... View More

It depends on the terms of your agreement. Most sale transactions of this type are very simple. The Buyer chooses a dog from the Seller, pays the Seller, and leaves with the dog (and any paperwork).

When "delivery" is involved, a Seller may satisfy its duty by delivering a... View More

Texas does not generally prohibit minors from owning property. There are certain specific things (tobacco, alcohol, etc.) that a minor is prohibited from buying and owning, but a horse is not one of those things.

The horse has been yours since it was purchased for you in your name.

Coercion requires evidence of the use of force, or threatened use of force. For example, the classic example of coercion is holding a gun to someone's head and saying: "Sign this or I will shoot."

Being "distraught" and someone using your "situation"... View More

If a shelter can establish that the dog belongs to it, the shelter does not require your consent to vaccinate the dog.

If a shelter cannot establish that the dog belongs to it and you prevail in proving the dog belongs to you, you will still have to prove that the fair market value of your... View More

Both you and your neighbor were likely negligent per se by failing to keep your dog in your own respective yards. In a lawsuit, a judge or jury will allocate responsibility between you based on all of the facts and circumstances and may allocate some degree of responsibility to the handyman for... View More

Under the facts you describe, you cannot legally break your lease without penalty. Your pet deposit is intended to cover any damage to the premises caused by your dogs during your occupancy of the premises. If there was a legitimate casualty loss which precluded you from occupying the premises... View More

It depends on whether the owner of the dog that bit the other dog was negligent. That most likely will require a jury or judge to make a decision based on all the evidence presented at a trial. If I were the trier of fact and the evidence was exactly as you describe in your question, I personally... View More

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answered on Apr 1, 2024

Based on the information provided, it's difficult to give a precise probability of the outcome at the show cause hearing for deferred adjudication probation revocation. However, I can provide some general insights:

1. No prior criminal history: Having no previous criminal record may... View More

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answered on Apr 1, 2024

In the United States, there is a fundamental legal principle known as the "Ex Post Facto Clause" found in Article 1, Section 9, Clause 3 and Section 10 of the U.S. Constitution. This clause prohibits the federal government and state governments from passing laws that retroactively change... View More

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

Laredo city ordinance provides "It shall be unlawful for any person owning, keeping or having in his possession or control any dog to allow such dog to run at large upon the streets, sidewalks or public grounds of the city, or to allow any dog to run at large upon or about the residence, lot... View More

Assuming you can overcome any official immunity defense and timely assert a claim against the City, you may be able to recover any diminution in value of your cat as a result of him being neutered. For example, if you could have sold the cat unneutered for $500, but neutered he can only be sold... View More

It depends on the facts and circumstances of your particular situation. Many cities and towns in Texas have mandatory neutering laws. Although the terms can vary, a typical ordinance requires any male dog or cat over eight months of age to be neutered unless the owner obtains an intact-pet... View More

No, an animal rescue cannot take an adopted dog back for no valid reason. They can only take an adopted dog back if the adopting person violates the adoption agreement. For example, if the adoption agreement requires you to have a fenced in yard, the animal rescue can take the dog back if you... View More

First, this is a Q&A forum in which individuals ask a legal question and Justia lawyers have the option of answering the questions. If you are looking for a lawyer for a specific legal matter, you should use the "Find a Lawyer" option and search for a lawyer in San Antonio or Bexar... View More