Texas Questions & Answers by Practice Area
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Texas Questions & Answers
Q: My friend is dealing with a criminal Case where he was charged with a felony unlawful carrying weapon and then was
Kiele Linroth Pace's answer
They might seek to revoke his bond on the first charge since committing a new crime would be a violation of bond conditions.
They might seek to revoke his bond on the first charge since committing a new crime would be a violation of bond conditions.
Q: Is civil restitution between two parties (in lieu of criminal prosecution) blackmail, extortion or bribery?
Kiele Linroth Pace's answer
This is a situation in which the contractor has potential civil liability to you and criminal liability to the state.
In criminal cases, the alleged victim can't really "drop the charges" and make the case magically disappear like on TV. You can tell the police and/or prosecution that you hope they dismiss the case, that you don't want to cooperate, and that you will not VOLUNTARILY testify in court... so you could agree to do those things but YOU could be committing a crime yourself...
This is a situation in which the contractor has potential civil liability to you and criminal liability to the state.
In criminal cases, the alleged victim can't really "drop the charges" and make the case magically disappear like on TV. You can tell the police and/or prosecution that you hope they dismiss the case, that you don't want to cooperate, and that you will not VOLUNTARILY testify in court... so you could agree to do those things but YOU could be committing a crime yourself...
Q: if I applied for workmans comp. in Texas. do I have to notify any one if I find new employment?
S. Michael Graham's answer
No. Workers comp claims are confidential unless they reach the district court level.
No. Workers comp claims are confidential unless they reach the district court level.
Q: OK, I had picked up a friend and he had some people I didnt know get in...
Grant St Julian III's answer
I am not sure of the question. If you are driving, the police stop you, your car is searched and contraband is discovered, you will be arrested. If no contraband is not found you will not. Claiming "Somebody else must have put it there!" is not a defense.
I am not sure of the question. If you are driving, the police stop you, your car is searched and contraband is discovered, you will be arrested. If no contraband is not found you will not. Claiming "Somebody else must have put it there!" is not a defense.
Q: My husband died intestate in Texas June 8,2017. He had 2 children by previous marriage. If no one protest by the end of
Terry Lynn Garrett's answer
No, they are still your husband's heirs and entitled to his 50% community property interest in, for example, you home although you have a right to live in it for life. All waiting four years (and hoping that they wait four years) does is mean that the estate must be probated as a muniment (defense) of title. Contact a local probate lawyer and probate your husband's estate.
No, they are still your husband's heirs and entitled to his 50% community property interest in, for example, you home although you have a right to live in it for life. All waiting four years (and hoping that they wait four years) does is mean that the estate must be probated as a muniment (defense) of title. Contact a local probate lawyer and probate your husband's estate.
Q: How to get my recently approved I797 and I94?
Carl Shusterman's answer
Foreign visitors to the U.S. arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record. Those who need to prove their legal-visitor status—to employers, schools/universities or government agencies—can access their CBP arrival/departure record information online.
You would have to get a copy of your I-797 from your employer.
Foreign visitors to the U.S. arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record. Those who need to prove their legal-visitor status—to employers, schools/universities or government agencies—can access their CBP arrival/departure record information online.
You would have to get a copy of your I-797 from your employer.
Q: Rented a truck for someone they took off with it called cops a cop told me I can't report it stolen because it's not in
Grant St Julian III's answer
You have every right ti file an incident report with the police. Ask for a supervisor if the intake person is not helpful.
You have every right ti file an incident report with the police. Ask for a supervisor if the intake person is not helpful.
Q: Can incarceration be a reason to get a broken lease off of my credit
1 Answer
| Asked
in
Criminal Law, Real Estate Law and Collections
for
Texas
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
Grant St Julian III's answer
Ask this question to a consumer law or landlord/tenant attorney for details, but the answer is no.
Ask this question to a consumer law or landlord/tenant attorney for details, but the answer is no.
Q: What does it mean if your arbitration proceeding is binding?
Robert D. Kreisman's answer
If the parties had agreed to a binding arbitration, the end result is just that-the decision is binding without judicial review. If the arbitrator awarded damages or some money remedy, the party assessed is usually given a set time limit in which to comply or pay the award. If not, the other side, the winning party, should and will file a lawsuit to enforce the binding arbitrator's decision. In short binding arbitration results are not reviewable by a court inasmuch the reason for the...
If the parties had agreed to a binding arbitration, the end result is just that-the decision is binding without judicial review. If the arbitrator awarded damages or some money remedy, the party assessed is usually given a set time limit in which to comply or pay the award. If not, the other side, the winning party, should and will file a lawsuit to enforce the binding arbitrator's decision. In short binding arbitration results are not reviewable by a court inasmuch the reason for the...
Q: my 33 year old son is in Denton county jail. he broke parole, has been there since March 1st with no answers.
Grant St Julian III's answer
Effectively, there is no bond permissible for a warrant on a parole violation. Your son will remain in custody until a parole revocation hearing is held. He should have been given a copy of the motion to revoke that alleges the violations he committed. Once the revocation hearing is held, a determination will be made as to whether to return him to prison or not. Good luck.
Effectively, there is no bond permissible for a warrant on a parole violation. Your son will remain in custody until a parole revocation hearing is held. He should have been given a copy of the motion to revoke that alleges the violations he committed. Once the revocation hearing is held, a determination will be made as to whether to return him to prison or not. Good luck.
Q: Does adverse possession include mineral rights underneath the land's surface?
Aimee Hess' answer
Adverse possession of the surface can include adverse possession of the mineral rights as long as the mineral rights have not been severed from the surface. Severance of minerals rights from the surface estate can occur in a number of ways, such as a lease of the minerals, a deed which reserves the mineral rights or an outright deed of the mineral rights to a third party. An oil and gas attorney will need to review documents in the chain of title for the property to determine whether severance...
Adverse possession of the surface can include adverse possession of the mineral rights as long as the mineral rights have not been severed from the surface. Severance of minerals rights from the surface estate can occur in a number of ways, such as a lease of the minerals, a deed which reserves the mineral rights or an outright deed of the mineral rights to a third party. An oil and gas attorney will need to review documents in the chain of title for the property to determine whether severance...
Q: My Mom has a will for my sister & I to get her house when she dies. She is in a nursing home & Medicaid pays & most of
Terry Lynn Garrett's answer
In Texas Medicaid can recover from the estate which passes under the Will. We have two forms of deed which pass title outside the Will. If your mother has legal capacity to sign a deed or has appointed an agent under a Durable Power of Attorney, contact a local elder law attorney about getting one of these in place. Use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
In Texas Medicaid can recover from the estate which passes under the Will. We have two forms of deed which pass title outside the Will. If your mother has legal capacity to sign a deed or has appointed an agent under a Durable Power of Attorney, contact a local elder law attorney about getting one of these in place. Use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Q: If someone is incapable of filling out papers who is responsible for bill? The person filling papers out or the patient?
Terry Lynn Garrett's answer
If she signed as "agent," her sister, the principal, is responsible. If she signed as "responsible party," the nursing home will try to argue that she is. This is an all-too-common scam: nursing homes would much prefer to receive the higher private pay rate from family members than the lower Medicaid rate for which the vast majority of residents are eligible, sooner or later. Ask a local elder lawyer to talk to the lawyer representing the nursing home. You can find one using the...
If she signed as "agent," her sister, the principal, is responsible. If she signed as "responsible party," the nursing home will try to argue that she is. This is an all-too-common scam: nursing homes would much prefer to receive the higher private pay rate from family members than the lower Medicaid rate for which the vast majority of residents are eligible, sooner or later. Ask a local elder lawyer to talk to the lawyer representing the nursing home. You can find one using the...
Q: if my aunt is not physically capable to make a decision and her sister signs for her is she legally responsible for the
Terry Lynn Garrett's answer
Her sister should sign as "agent," not as "personal representative." If she has signed as "personal representative," ask an elder lawyer to straighten things out with the nursing home. You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Her sister should sign as "agent," not as "personal representative." If she has signed as "personal representative," ask an elder lawyer to straighten things out with the nursing home. You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Q: my aunt was put into a nursing home and now the home has turned in the bill to a collection agency. who has to pay?
Terry Lynn Garrett's answer
Your aunt's bill is your aunt's bill. She, or someone helping her, should talk with the nursing home social worker about applying for Medicaid. If she has over $2,000 in assets in addition to a house, car, household goods and a funeral plan or over $2,250 in monthly income, it may be worthwhile to talk with an elder law attorney. Use the Find a Lawyer function at www.naela.org, the website of the National Academy of Elder Law Attorneys.
Your aunt's bill is your aunt's bill. She, or someone helping her, should talk with the nursing home social worker about applying for Medicaid. If she has over $2,000 in assets in addition to a house, car, household goods and a funeral plan or over $2,250 in monthly income, it may be worthwhile to talk with an elder law attorney. Use the Find a Lawyer function at www.naela.org, the website of the National Academy of Elder Law Attorneys.
Q: I received a speeding ticket, under Registration, the officer put the wrong state for my plate, can it be dismissed?
Grant St Julian III's answer
What you describe will not cause automatic dismissal of the citation. Call a local attorney for more explanation.
What you describe will not cause automatic dismissal of the citation. Call a local attorney for more explanation.
Q: Can a vet keep my dog legally bc I can't pay?
Tammy Lyn Wincott's answer
Check the Texas property statute for more specific information; however, generally speaking, vets do obtain an automatic lien on any services performed. You may be able to work out a payment plan with them.
Check the Texas property statute for more specific information; however, generally speaking, vets do obtain an automatic lien on any services performed. You may be able to work out a payment plan with them.
Q: My nc biller charges me a %. I’m a dentist in Texas. Is this fee splitting? I just became aware of this term fs.
Tammy Lyn Wincott's answer
Check with your dental board as they should have an ethics section with someone who can answer this for you. For lawyers flee-splitting is constantly changing in definition, i.e. if we work through online company answering questions for money, etc. It seems the States are all taking different positions. I can tell you if it were me, I would check with my State Board first.
Check with your dental board as they should have an ethics section with someone who can answer this for you. For lawyers flee-splitting is constantly changing in definition, i.e. if we work through online company answering questions for money, etc. It seems the States are all taking different positions. I can tell you if it were me, I would check with my State Board first.
Q: I obtained a Bachelors degree from ITT Technical Institute, at the time, I was told that it was accredited.
Tammy Lyn Wincott's answer
Please look at this link for more information relating to ITT - you may have to copy and paste as it doesn't show to be a hyperlink.
https://studentaid.ed.gov/sa/about/announcements/itt
Please look at this link for more information relating to ITT - you may have to copy and paste as it doesn't show to be a hyperlink.
https://studentaid.ed.gov/sa/about/announcements/itt
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