Texas Questions & Answers

Q: Does a 13 year old need an attourney for misdemeanor assault charges.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Answered on Apr 24, 2018
Grant St Julian III's answer
If criminal/juvenile charges have been filed, the subject may be removed from the home if any sanctions are imposed. Retaining an attorney is strongly advised.
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Q: In Houston Texas can you face criminal charges if you're in a relationship with a 17 year old and your over 24

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Answered on Apr 24, 2018
Grant St Julian III's answer
See Texas Penal Code:

Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD. (a) In this section:

(1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.

(2) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast...
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Q: I just found out my father passed away 2.5 yrs ago. His wife is trying to sell "their" home and business.

1 Answer | Asked in Family Law, Estate Planning and Probate for Texas on
Answered on Apr 24, 2018
Terry Lynn Garrett's answer
Hire a local probate lawyer to file an Application for Determination of Heirship and Letters of Independent Administration. If the sale has gone through and she has committed fraud, she may not only owe you money: she may have a criminal problem as well.
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Q: I want to get my (92 yo) father's house titled in his name. It is currently "Estate of My Mother" who passed away in1991

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Apr 24, 2018
Terry Lynn Garrett's answer
The Will governs regardless of whether your parents remarried.

It is not clear what you mean by "signing over" an interest. After the Will is probated and a Distribution Deed recorded in the names of the beneficiaries, they can record Deeds of Gift to their father. If they disclaim, their interests will pass to their children.

It sounds as though you need the help of a local probate attorney to accomplish this.
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Q: I was rear ended in a traffic accident and now I am subpoened to appear in court to be a witness for the accident.

1 Answer | Asked in Car Accidents and Traffic Tickets for Texas on
Answered on Apr 23, 2018
Grant St Julian III's answer
If you were served with a subpoena, understand this is an summons from a Judge to appear in Court. In your specific situation, appearing in Court would also help any civil/insurance claim you have regarding the accident. You are subject to sanctions if you do not appear, but whether that will actually occur in your case or not is unknown. Call the party that issued the notice, and discuss your concerns with that attorney. Good luck.
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Q: I sent some ? Don't no if u got them about ATF and about a judge

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Answered on Apr 23, 2018
Grant St Julian III's answer
You will have to provide more information, and be more specific about your question.
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Q: That wasn't his see he has always carried a gun cause he fought for his county and he doesn't think he should have to b

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 23, 2018
Grant St Julian III's answer
1) Does your husband have a criminal case ending in State or Federal Court? 2) Does he have an attorney? 3) What are the charges pending against him? 4) Is he on bond while a criminal case is pending against him? If so, the Court can order conditions of bond such as random drug testing. No one can provide specific answers about your husband's situation, because we do not know the facts of his case. Get with a local attorney. Good luck.
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Q: Hi, I am planning to convert my Sole P into an LLC here in Texas. And I also have about 21 sales tax permits. I plan to

1 Answer | Asked in Tax Law and Business Formation for Texas on
Answered on Apr 23, 2018
Benton R Patterson III's answer
Most states require companies that sell products in the state to register to conduct business in the state. An LLC that is not properly registered to conduct business and intermingles transactions with a sole proprietor has a decent chance of losing its ability to shield the owner or owners from liability.
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Q: I tried to file my maritime injury suit 14 months after i was injured but the other party claims I'm beyond the statute

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Apr 23, 2018
Joseph S. Stacey's answer
Are you a "passenger" on a cruise ship? Most often, a passenger's personal injury case is governed by a one year statute of limitation. A "seaman" has a three year statute of limitation.
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Q: Who generally pays for writ of habeas counsel (inmate, family, both)? What is the average hourly charge?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on Apr 23, 2018
Roy Lee Warren's answer
I believe if it is filed to set bail the inmate's counsel files it and if the inmate is indigent the filing of the writ is not initially paid for, similar to when there is no payment between an indigent inmate and appointed counsel. If the inmate hired an attorney, I believe $150 per hour would be the minimum charge.
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Q: If i got hurt in texas but live in California can i receive workers comp in california

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Apr 23, 2018
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Q: When selling land, is an application to sell, done before, you list property with a realtor or once you have a contract?

1 Answer | Asked in Family Law, Real Estate Law and Probate for Texas on
Answered on Apr 23, 2018
Terry Lynn Garrett's answer
This is apparently a dependent administration. The probate attorney should help you file an Application to Sell Real Property attaching a Verified Statement of the Condition of the Estate and the sales contract. The court will hold a hearing. The closing (or disbursement of funds) is dependent on the court's confirmation of sale.
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Q: Re: Power of Attorney for a parent. My mother had accounts/investments with a local bank. Some of the accounts had

1 Answer | Asked in Banking and Probate for Texas on
Answered on Apr 23, 2018
Terry Lynn Garrett's answer
It depends on whether the accounts were convenience accounts (children's signatures for the mother's convenience only but all her money), pay-on-death accounts (pay on death to the children but all the mother's money) or joint accounts (jointly owned by the people named, whether or not joint with right of survivorship on the death of someone else named).

Please also note the the mother's Durable Power of Attorney loses its legal effect with her death.
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Q: How much time can someone get for an aggravated assult charge.Can they be offered a plea deal & if so how much time?

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Answered on Apr 23, 2018
Grant St Julian III's answer
Aggravated Assault is a 2nd degree felony, punishable by confinement in prison from 2 to 20 years and a fine of up to $10,000. A plea bargain can be offered by the DA assigned to the case, and can be anywhere within the punishable range provided by law
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Q: I cant pay my dist. clerk fees while on probation. can they be reduced

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 23, 2018
Grant St Julian III's answer
The Judge that entered your probation is the only person who can reduce or waive any fees assessed.
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Q: Can my bail be dropped if I'm having surgery the day of court

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 23, 2018
Grant St Julian III's answer
The Court assigned to your case has the authority to reduce or alter any bail set. Ask this question to your attorney. Good luck with your surgery.
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Q: I live in Texas, my son wh is 30 took checks out of my check book and wrote them to himself, forged my signature $500.0

1 Answer | Asked in Criminal Law for Texas on
Answered on Apr 23, 2018
Grant St Julian III's answer
See Texas Penal Code Section 32.21 for the statute on Forgery. What you describe is normally a class b misdemeanor, punishable by confinement in jail for up to 180 days and a fine of up to $2,000, but your son's prior convictions can increase the punishment range (as well as your age). You can ask this question to the question to the prosecutor assigned to the case.
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Q: charged with employee theft i think amount of 2200 first time offender

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Answered on Apr 23, 2018
Grant St Julian III's answer
Do not give any statement regarding the incident before retaining an attorney. The value you describe make the offense a class a misdemeanor, punishable by a fine of up to $4,000 and up to one year in jail, but you MAY not be charged with just simple theft. See Texas Penal Code Section 31 for the statute on the subject. Good luck.
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Q: I was in a company's semi and was rear ended by a car going about 70 to 80mph....do I sue both parties?

2 Answers | Asked in Personal Injury and Car Accidents for Texas on
Answered on Apr 22, 2018
Bradford Kvinta's answer
It depends. Were you the driver or passenger? Very fact specific as to who your claim is against. Contact an attorney ASAP to discuss.
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Q: How can we sell our deceased grandmother's property if there is a judgement against it? There was no will.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Texas on
Answered on Apr 22, 2018
Terry Lynn Garrett's answer
Because you do not know the heirs, you cannot file Affidavits of Heirship in the deed records. Instead you or the judgment creditor must hire a local probate attorney to file an Application for Determination of Heirship and Letters of Independent Administration for each estate.
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