Texas Questions & Answers

Q: If a policeman asks me to take a field sobriety test, am I required to comply?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Mar 27, 2017

You are able to refuse to take a sobriety test but there are considerations to take into account when doing so. More on test types and when it may be appropriate to comply or not comply: http://www.justinsparkslaw.com/what-to-know-when-stopped-for-dwi/#field-sobriety-tests
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Q: Can you legally force someone to send back provocative pictures from prison that I took of myself?

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Answered on Mar 27, 2017

No, but be clear that you do not consent to the Ex sharing it with anyone else. There is a criminal offense named "Unlawful Disclosure or Promotion of Intimate Visual Material" that the Ex could be prosecuted under if it is distributed to others against your consent.
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Q: Can I have a 2003 Misdemeanor Class A Public Lewdness conviction expunged? I was never accused of such prior or since.

1 Answer | Asked in Criminal Law for Texas on
Answered on Mar 27, 2017

Convictions can not be expunged unless they are overturned on appeal or pardoned by the Governor of Texas. The window to start an appeal closes 30 days after the date of conviction so pardon is your only hope. You can download the application and instructions from the web site of the Texas Board of Pardons and Paroles. Look for the forms under the "Clemency" heading.
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Q: If your DNA does not match in a sexual assault case does the case have to be thrown out?

2 Answers | Asked in Criminal Law for Texas on
Answered on Mar 26, 2017

Not necessarily, but that is an extremely helpful piece of evidence.
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Q: If a person charged with domestic battery but the person doesn't press charges will the charged be dropped

1 Answer | Asked in Domestic Violence for Texas on
Answered on Mar 26, 2017

This question was posted in the Texas forum but is about a Florida case. Re-post this question with the location set to Florida.

In Texas, the answer depends on the jurisdiction. For example, in Travis County the prosecution doesn't necessarily care what the alleged victim wants and will subpoena the alleged victim to testify in court even if he or she wants the case dropped. Some other counties are more inclined to dump a case like that.
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Q: How do I disprove the Defense's witness's claim?

1 Answer | Asked in Criminal Law for Texas on
Answered on Mar 26, 2017

Mock trial games are always made to seem hard at first but the possibilities really open up once you dig in. Since you are trying to disprove the defense witness's claim I'll assume you are the prosecutor.

The way I see it, the Waiter is the biggest problem for the prosecution. The Defendant has motive to lie to save himself. The Wife has motive to lie to save her husband. Unless there is an obvious lie in the materials for these two then no use keeping them on the stand any...
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Q: Who stay with the property if my step mom left it to my step brother and my dad but they are both death.she left a will.

1 Answer | Asked in Probate for Texas on
Answered on Mar 26, 2017

This depends on what the Will says. It might say that it goes to the heirs or beneficiaries of whoever predeceases your mother. It might say something else. Take it to a local probate lawyer who can interpret it for you.
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Q: My father has just been legally claimed incompetent by by step mother, he has a very large estate and business. He us

2 Answers | Asked in Business Law, Estate Planning, Legal Malpractice and Real Estate Law for Texas on
Answered on Mar 25, 2017

If your father has been declared legally incapacitated (in some states called legally incompetent), it has been by a judge. Check with the court handling probate and guardianship in the Louisiana parish where your father lives. The court records are public and should contain the name and contact information for both the lawyer representing your step mother and the lawyer appointed by the court to represent your father.
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Q: I am giving up my condo in a short sale - how do I handle fees still owed to the HOA?

1 Answer | Asked in Foreclosure for Texas on
Answered on Mar 24, 2017

Many times back owed HOA fees are paid out of the closing proceeds even in a foreclosure or short sale. For the bank, this is a better deal than having to go through a foreclosure even with the added fees included. HOA liens are separate from the mortgage holder’s lien.

An HOA does not have to honor the sale agreement but may do so to help along the sale. The HOA does not care about your money because of their lien on the property, you may have to get the cooperation of your lender...
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Q: Can tax problems from before you were in the military affect your standing in the service?

1 Answer | Asked in Military Law for Texas on
Answered on Mar 24, 2017

Most of the "jobs" (your MOS) in the military will require some level of security clearance. You will be required to fill out the SF-86 and it will ask questions regarding financial issues. It would have to be pretty severe for it to prevent you from receiving a security clearance, but most importantly you should be candid on the SF-86. Failing to provide complete and truthful information will only create more problems for you later.
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Q: Can I due my employer or workers compensation

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Mar 24, 2017

If I'm understanding you correctly, you were using Texas workers' compensation and then decided to begin using your private health insurance. And, under your private health insurance you had a disc fusion on 03/06/17. It will be difficult to pursue this under workers' compensation at this point. If your doctor that did the surgery preauthorized the surgery through workers compensation, you could claim disability through workers compensation, but it doesn't sound like this occurred. I'm also...
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Q: 6 yr DWI charge and arrest that was later dropped is STILL haunting my employment prospects. WHEN will this go away?

1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Texas on
Answered on Mar 23, 2017

It will never go away by itself because the arrest records are public. However, if all charges related to the arrest were dismissed more than two years ago, then you are probably eligible to file for an expunction. Consult a criminal defense attorney that works in the county where you were arrested. Be sure the person you hire has experience with expunctions because you only have one chance to do it correctly.
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Q: I was arrested & charged w/DWI 6 yrs ago but it was dropped & i wasn't convicted. Y is this still effecting job apps?

2 Answers | Asked in Criminal Law, DUI / DWI and Employment Law for Texas on
Answered on Mar 23, 2017

The fact that you were even arrested is a matter of public record. The only way to get rid of the record is to hire an attorney to prepare and file a petition for expunction. You should be eligible if it was a misdemeanor and dismissed more than 2 years ago. You only get one shot at a proper expunction so be sure to hire someone who really knows what they are doing. The petition must be filed in District Court in the county where you were arrested so it would be best to hire someone from...
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Q: I have a friend who is pregnant with twins and wants to give them to me the day they are born. how do I make it legal?

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Answered on Mar 23, 2017

Contact a local family law attorney right away. The attorney will be able to discuss your options and begin preparations for the adoption process. The mother cannot sign anything until after the babies are born, but you can begin working with your attorney to get things ready ahead of time. The attorney will not be able to represent both you and the birth mother, so if she wants legal representation, she will have to hire an attorney. Best wishes!
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Q: Can my mom consent to my marriage without my stepdad

1 Answer | Asked in Family Law for Texas on
Answered on Mar 23, 2017

It depends on whether your stepfather has parental rights and duties in an order from the court. If your mother has the sole right to consent, it will say so in her divorce papers, or, if she was not married to your biological father, in the papers from the court custody proceeding. It may be that your mother shares her rights with your biological father, in which case he may have to consent. It is unlikely that your stepfather has rights and duties, but without knowing all of the facts, I...
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Q: If my ex had our kids for Spring holiday, do I automatically get the following weekend visit?

1 Answer | Asked in Family Law for Texas on
Answered on Mar 23, 2017

It depends on what your order specifically says regarding this holiday. You can pull out your order and review it; it should have specific language for this situation. It may also order that the visitation resumes on regularly scheduled times and make no additional provisions for the holiday possession. If it does not have specific language at all, then the default is usually what the parties can agree to do. If your order is confusing or unclear, then contact your attorney or a local family...
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Q: why do I need to see a judge to change my daughters name if iv had her for 15 years, its 1 letter that were changing

1 Answer | Asked in Family Law and Adoption for Texas on
Answered on Mar 23, 2017

If you want to legally change your daughter's name, you will have to go through the name change procedure with the courts. If there is another parent, the other parent will have to be notified and agree with the change. It is a pretty simple process. Contact a local family law attorney who can review all of the facts of your situation and then advise you as to your options.
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Q: My dad is doing 6m at a state jail for 2 felonies. Is there a chance he won't get deported? After serving his time.

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Texas on
Answered on Mar 22, 2017

It is possible. You haven't really given enough information here to know the likelihood of deportation, either. You should definitely hire an immigration attorney to conduct a more thorough interview to see if any forms of relief are available.
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Q: Does my employer have to pay me for the hours I worked when I accidentally staying past my assigned shift?

1 Answer | Asked in Employment Law for Texas on
Answered on Mar 21, 2017

Your employer needs to pay you for all hours worked. They can then require that you don't work as many hours. However, if they are on notice that you worked those hours, then they have to pay you for the hours you worked.
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Q: What to do when you disagree with the company doctor And you know that the injury was work related

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Answered on Mar 21, 2017

You need to dispute the extent of injury and set up a benefits review conference. You dispute the extent of injury by filling out a DWC 45 and filing it with TDI-DWC. You can find the form here: http://www.tdi.texas.gov/forms/dwc/dwc045brc.pdf However, I recommend you consult with an attorney regarding your rights before you go to a benefits review conference ("BRC"). You need to have medical evidence that the injury was work related and an attorney can make sure that the medical records...
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