Lawyers, Answer Questions  & Get Points Log In
Texas Questions & Answers
1 Answer | Asked in Personal Injury for Texas on
Q: took a settlement hope I'm not being scammed and it's fake but they only gave me $5,000 out of 35000

They claim they're holding the rest just make sure I don't have any outstanding medical bills it's been half a year

Tim Akpinar
Tim Akpinar answered on May 21, 2022

A Texas attorney could advise best, but your post remains open for two weeks. You could ask for a breakdown of the figures for the case. No one here could know how the funds in your case will pan out. From what you describe, one possibility is that there could be large medical liens or... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: Can i carry a firearm in texas if i have a family violence charge? It is a Class A Misdemeanor. I plead no contest.

I received 1 year probation community supervision. It was around 2015 when all this happened. Am i able to own a firearm after the 5 year ban?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 19, 2022

No, it is a violation of federal law for you to possess a firearm or ammunition.

1 Answer | Asked in Criminal Law and Personal Injury for Texas on
Q: Verbal assault legal at rocketfast car wash by there employees
Kiele Linroth Pace
Kiele Linroth Pace answered on May 19, 2022

Maybe. It depends on the circumstances not as they actually were, but as reasonably understood at the time by the person who made the threat. Generally speaking, a threat of violence is legal in situations where the actual use of violence would be legal. Some common examples are in self-defense,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: A local employer rescinded my signed offer letter AFTER I resigned from my previous job. Do I have any legal recourse?

The offer letter contains mine and the employer's signature, the agreed upon salary, and my start date. The director called me and said the person I was replacing changed her mind and wanted her job back. They gave it to her since she was a good and long standing employee. If my current... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on May 17, 2022

While a review of the document you signed would be necessary to answer this question, job offer letters are usually not considered enforceable contracts. As a result, an employer can rescind a job offer for any reason, even if the employee has already signed an offer letter.

1 Answer | Asked in Criminal Law for Texas on
Q: Does time spent in county between sentencing and transfer to tdcj count towards 6 months sentence to safep in Texas

It’s been a month since sentencing. Still in county. Sentence is 6 mos in a SafeP facility.

Penny Wymyczak-White
Penny Wymyczak-White answered on May 16, 2022

No your time in SAFE counts when you get there

1 Answer | Asked in Child Support and Family Law for Texas on
Q: I am going to try and reduce my child support due to my income being $60,000 less. I am in Spring, TX, Harris County.

I also pay for my older daughter’s college tuition. Can I use this for consideration to reduce it more?

Penny Wymyczak-White
Penny Wymyczak-White answered on May 16, 2022

You can't use paying college as a way to reduce child support. Child support is based on your income

1 Answer | Asked in DUI / DWI for Texas on
Q: I was found guilty of my 2nd dwi. However my license still shows eligible on dps website. Am I still legal to drive?

Charge was in April 2021. My license was never taken. Conviction was Jan 2022. On my court papers it's says dic 17 and a 2 year time span beginning the day of the conviction. It's been 5 months now and im still showing eligible on Texas dps website.

Penny Wymyczak-White
Penny Wymyczak-White answered on May 14, 2022

It could be a clerks error. If it states you are eligible to drive you can drive but you need to check daily

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: My son 16 lives in Tx with Father I live in Louisiana how can I get visitation for my son can come with his mother

I haven't had visitation since 2013 I lost my son by default a court date I had no clue about. I'm on block his keeping my son from me to get back at me for leaving him. Is it to late to get visitation

Penny Wymyczak-White
Penny Wymyczak-White answered on May 14, 2022

Retain a lawyer in Louisiana and have the petition the court.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: I was charged, but no conviction, of a class A in 2017. Then, this year, I found out discrepancies. can I appeal?

I got a hold, via a court FOIA request, of my 2016 arrest records. When I got indicted and charged, I kept getting told that my charge could not get entirely dismissed because the "witness statements" said something that was too "serious" to get my much more concrete piece of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 13, 2022

The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My husband has 3 charged felon poss firearm,poss less then a g,and assault fam violence w/prev conv but have statements

The assault was on myself but filed affidavit of non prosacution the gun charge the lady said she sent a affidavit as well

Kiele Linroth Pace
Kiele Linroth Pace answered on May 13, 2022

I'm not clear about your question. If you are asking about the affidavits then be aware that they give a prosecutor cover if they otherwise WANT to dismiss the case but they can just ignore them if they want to seek a conviction. In other words, an affidavit of nonprosecution can be an... Read more »

1 Answer | Asked in Criminal Law, Libel & Slander and White Collar Crime for Texas on
Q: What can you do if a prosecutor lies to a judge about you?

Prosecutor has lied several times but criminal attorney said it doesn't have anything to do with statue you were charged with. What can or should you do?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2022

"Never interrupt your enemy when he is making a mistake." - Napoleon Bonaparte

Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant.

1 Answer | Asked in Criminal Law for Texas on
Q: How long is a criminal trespass good for in Texas?

my ex husband had a criminal trespass put on me back in 2016. Not long after that him and i both together went to the local pd requesting it be removed. Ive lived at the property on and off since then. All my mail, bank accounts, irs account even the sheriffs dept has the address as my residence.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2022

All law enforcement needs for an arrest is "probable cause" to believe you committed a crime. However, in order to win a conviction against you, they'll either need you to enter a plea (like guilty or no contest) or they'll need to prove each and every element of the offense... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If there is no bond amount. How do we get a new one set? Bondsman paid in full, went off bond but didnt revoke.

Was arrested after out on bond for 2 years. Bondsman was paid in full 10k and "heard" inmate had charges for evading. But there are no evading charges. Bondsman went off of bond, but did not revoke. He now has no bail amount set and we are trying to get an amount. The bondsman will not... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2022

Contact his criminal defense attorney.

1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Legal Malpractice for Texas on
Q: Denied consent to search, waited 2 hours for k9, bogus reason for stop and bogus probable cause, illegal s and s

Stopped because claimed couldn’t read my license plate. Small town, same officer, seen me several previous times and had followed me 20 minutes before he seen me again to pull me over. I asked what his probable cause was and he said I looked nervous. All I was doing was putting gas in my... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 11, 2022

Your attorney may attempt to get copies of all data and voice recordings sent to that patrol car on that particular day in hopes of discovering whether or not the officer attempted to run your plates.

1 Answer | Asked in Criminal Law for Texas on
Q: Does a judge have any obligation to inform you at sentencing that he/she has decided not to grant deferred adjudication?

If a judge, the ADA, and the defendants attorney all agree to deferred adjudication at pre trial hearing and the judge explains the process to the defendant (including the fact that a plea of guilty has to be entered in order to be granted deferred adjudication and then asks for the defendant to... Read more »

Lucio Antonio Montes
Lucio Antonio Montes answered on May 11, 2022

If the person entered a plea without an agreed recommendation, then the person opens himself up for the full range of punishment. The decision rest solely on the judge. I am guessing that is what happened in this case. However, if the plea papers indicated an agreement with the prosecutor, then the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How long does it take for a patent to expire? Animal gate latch mechanism Patent number: 4962953
Kevin E. Flynn
Kevin E. Flynn answered on May 11, 2022

This patent expired 20 years after filing for an expiration date of January 31, 2010.

Kevin E Flynn

1 Answer | Asked in Real Estate Law for Texas on
Q: there are multiple tracts of land with Deed restrictions. How would i got about getting my restrictions removed?

There are multiple tracts of land throughout a 30 acre plot that was split up and they all have the same restrictions that run across them.

John Cucci Jr.
John Cucci Jr. answered on May 10, 2022

The easiest way to remove the restrictions would be to buy up all of the land. Then you could change the rules.

Otherwise it is a rare event when someone is able to remove themselvs from the obligations in a Deed restriction for a subdivision of real estate.

The courts or the HOA...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I am a cuban. I was paroled upon entering the USA. My paroled expires before I am eligible to apply for I-485.

My paroled will expired before I am eligible to apply for i-485 (The Cuban Adjustment Act of 1966 (CAA))

Kiele Linroth Pace
Kiele Linroth Pace answered on May 10, 2022

To get the best answer, you should probably re-post this question with the topic tagged as Immigration instead of criminal law.

1 Answer | Asked in Criminal Law for Texas on
Q: What law could allow a 1st degree murder charge drop to a 2nd degree due to lack of malicious intent to murder?

Im just trying to figure out the correct terminology for it if any.

Kiele Linroth Pace
Kiele Linroth Pace answered on May 10, 2022

Intent to cause harm or commit a felony is pretty much baked into the definition of murder so perhaps you were thinking about the lower-intent offenses of Manslaughter or Criminally Negligent Homicide. The only way to get Murder down to an F2 is "sudden passion" which is an affirmative... Read more »

1 Answer | Asked in Probate for Texas on
Q: Do I need to have husband’s will probated?

He died 8-15-21 and did have a will, leaving everything to me. I have ownership of our mobile home, but the land is in this name. I was told by Bell Co. tax office I need to have land in my name. Do I have to have will probated to accomplish this?

Isaac Shutt
Isaac Shutt answered on May 10, 2022

Yes, you'll need a probate attorney to help you with probating the will. You may be able to do the lesser expensive version of probate called "Muniment of Title", if all you're transferring is the land.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.