Texas Questions & Answers by Practice Area
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Texas Questions & Answers
Q: What is attempted theft?
Kiele Linroth Pace's answer
Attempted theft is pretty self-explanatory ... the defendant is accused of attempting to unlawfully appropriate property with intent to deprive the owner of property.
If you want to dive deeper than that, you'll need to study the definition of Theft in chapter 31 of the Texas Penal Code and then go to Chapter 15 for the specifics of Criminal Attempt.
Attempted theft is pretty self-explanatory ... the defendant is accused of attempting to unlawfully appropriate property with intent to deprive the owner of property.
If you want to dive deeper than that, you'll need to study the definition of Theft in chapter 31 of the Texas Penal Code and then go to Chapter 15 for the specifics of Criminal Attempt.
Q: There is no time limit on appeal..its people's lives..please tell me this is the case
Kiele Linroth Pace's answer
Of course there are time limits on appeals! There are way too many deadlines to discuss here but the Texas Rules of Appellate Procedure is full of time limits for each step in the process. There are rules for how to calculate the deadlines and which days count and which don't. There are even rules for everything and anything related to appeals... even rules about what size FONT to use! See TRAP 9.4(e)
That said, there are some cases in which an "extraordinary remedy" is available,...
Of course there are time limits on appeals! There are way too many deadlines to discuss here but the Texas Rules of Appellate Procedure is full of time limits for each step in the process. There are rules for how to calculate the deadlines and which days count and which don't. There are even rules for everything and anything related to appeals... even rules about what size FONT to use! See TRAP 9.4(e)
That said, there are some cases in which an "extraordinary remedy" is available,...
Q: Is there a procedure for establishing paternity that should be done before a parent passes away, a DNA test? This is TX.
Terry Lynn Garrett's answer
The Will governs, unless it accidentally omits a child born after it was written. A Will does not become a public document until it is filed for probate. (In addition, whatever the Will may say now, it could be changed.)
See a family law attorney about establishing paternity and obtaining child support before death.
The Will governs, unless it accidentally omits a child born after it was written. A Will does not become a public document until it is filed for probate. (In addition, whatever the Will may say now, it could be changed.)
See a family law attorney about establishing paternity and obtaining child support before death.
Q: i would like to know if i have a case for false arrest and false imprisoment
Kiele Linroth Pace's answer
Maybe, but your focus should not be on Criminal Defense attorneys. Instead, you should consult with an attorney in your area that takes federal Section 1983 civil rights cases. A civil rights attorney will be in a better position to evaluate whether or not your circumstances are serious enough to overcome sovereign immunity.
For more information, research the federal law named: 42 U.S. Code, Section 1983
Maybe, but your focus should not be on Criminal Defense attorneys. Instead, you should consult with an attorney in your area that takes federal Section 1983 civil rights cases. A civil rights attorney will be in a better position to evaluate whether or not your circumstances are serious enough to overcome sovereign immunity.
For more information, research the federal law named: 42 U.S. Code, Section 1983
Q: How strong of a case do I have when charging for criminal trespass and property damage(possibly criminal mischief)?
1 Answer
| Asked
in
Criminal Law, Real Estate Law and Civil Litigation
for
Texas
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Kiele Linroth Pace's answer
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
Q: Can a person that has press charges on someone and the state pick the case up file a motion for dismissal if its felony
Kiele Linroth Pace's answer
No. Only the prosecutor can dismiss a criminal case. The alleged victim can let the prosecutor know that they HOPE the case will be dismissed and/or that they don't want to testify in court.... but the decision about whether or not to dismiss belongs to the prosecutor, not the alleged victim.
No. Only the prosecutor can dismiss a criminal case. The alleged victim can let the prosecutor know that they HOPE the case will be dismissed and/or that they don't want to testify in court.... but the decision about whether or not to dismiss belongs to the prosecutor, not the alleged victim.
Q: Will I go to jail if I have unpaid traffic tickets and I want to file an assault?
Kiele Linroth Pace's answer
Maybe. Ignoring a traffic ticket can lead to a new Failure to Appear charge and an arrest warrant. A law enforcement officer may arrest person with an active warrant. However, as a matter of policy, some law enforcement agencies don't arrest on traffic warrants when a person is reporting a more serious crime.
Obviously, your safest path is to clear the warrant. Hire a local traffic ticket attorney if you are having anxiety about dealing with the tickets. Don't live in fear or...
Maybe. Ignoring a traffic ticket can lead to a new Failure to Appear charge and an arrest warrant. A law enforcement officer may arrest person with an active warrant. However, as a matter of policy, some law enforcement agencies don't arrest on traffic warrants when a person is reporting a more serious crime.
Obviously, your safest path is to clear the warrant. Hire a local traffic ticket attorney if you are having anxiety about dealing with the tickets. Don't live in fear or...
Q: How does one report abuse if the individual is over 18 but being abused by a parent? She is afraid to do it herself.
Kiele Linroth Pace's answer
Do you mean she is afraid to report it to the police?
Perhaps she can get help from the domestic violence hotline at 800−799−7233.
If the abused person is disabled you might be able to report it to Adult Protective Services.
Do you mean she is afraid to report it to the police?
Perhaps she can get help from the domestic violence hotline at 800−799−7233.
If the abused person is disabled you might be able to report it to Adult Protective Services.
Q: If I work right now with an EAD, is it possible for my green card status to go to a pending status?
Hector E. Quiroga's answer
One cannot simply apply for a work authorization; there has to be an underlying basis for it. If you have that basis, then working prior should have no impact on your ability to apply for a green card. If you have no other basis to apply for a work authorization, you might as well apply for the green card, all other factors being equal. It is possible to apply for work authorization while your green card is being adjudicated.
One cannot simply apply for a work authorization; there has to be an underlying basis for it. If you have that basis, then working prior should have no impact on your ability to apply for a green card. If you have no other basis to apply for a work authorization, you might as well apply for the green card, all other factors being equal. It is possible to apply for work authorization while your green card is being adjudicated.
Q: Can my wife who is on F1 leave the country for a few years without finishing the program?
Hector E. Quiroga's answer
In and of itself, your wife’s departure from the US prior to finishing her education should not negatively impact your immigration history. It is important to let both the school and DSO know that you are leaving.
In and of itself, your wife’s departure from the US prior to finishing her education should not negatively impact your immigration history. It is important to let both the school and DSO know that you are leaving.
Q: My kids mother gave guardian ship to her friend. Now her friend is taking her to court for full custody. can I get the
Rahlita D. Thornton's answer
You have right to certain parental rights. Gaining primary custody is certainly something you can petition the court for. You’ll need to consult with an attorney to make sure that legal requirements for your filing will be do properly. We could help 888-3434LAW or 888-343-4529.
You have right to certain parental rights. Gaining primary custody is certainly something you can petition the court for. You’ll need to consult with an attorney to make sure that legal requirements for your filing will be do properly. We could help 888-3434LAW or 888-343-4529.
Q: We had designated weekends in place for my son to visit, in accordance to the child support decree, can that be taken aw
Rahlita D. Thornton's answer
If there is a valid signed order by the judge in place setting out visitation that stands until an order modifying it is rendered by a judge. 888-343-4529 or 888-3434LAW.
If there is a valid signed order by the judge in place setting out visitation that stands until an order modifying it is rendered by a judge. 888-343-4529 or 888-3434LAW.
Q: I need to know how to find the standings of a litagation and possibly estate probate case .
1 Answer
| Asked
in
Civil Litigation, Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Dec 16, 2018
Answered on Dec 16, 2018
Terry Lynn Garrett's answer
Check with the probate court (which may be the county court) where the estate is being probated.
Check with the probate court (which may be the county court) where the estate is being probated.
Q: If my daughter's Mom takes her to a different state and put me on child sup we split up after 2 years
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Texas
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Rahlita D. Thornton's answer
Child support is to be used for expenses for the child going forward. Retroactive child support is for past child support needs. Both parents have an obligation to finance their child’s needs.
Child support is to be used for expenses for the child going forward. Retroactive child support is for past child support needs. Both parents have an obligation to finance their child’s needs.
Q: If a 17 year old wants to fight a 20 year old and it's mutual, will the 20yo get a charge?
Herman Martinez's answer
Please note that once a person turns 17 they are considered an adult in Texas. A mutual fight is typically not a crime. Nevertheless, if one person goes too far with the assault or takes out a deadly weapon during an assault that started without weapons it could rise to the level of a crime.
Please note that once a person turns 17 they are considered an adult in Texas. A mutual fight is typically not a crime. Nevertheless, if one person goes too far with the assault or takes out a deadly weapon during an assault that started without weapons it could rise to the level of a crime.
Q: Is there a limit as to how high an interest fee can be for a medical debt?
Stuart Gregory Steingraber's answer
The amount of interest a service provider can charge is usually based on state law. Interest on loans may be lower than interest on services or goods sold. Check with a lawyer in your area. Some offer free consultations. Take them up on it.
The amount of interest a service provider can charge is usually based on state law. Interest on loans may be lower than interest on services or goods sold. Check with a lawyer in your area. Some offer free consultations. Take them up on it.
Q: The child's father died before the child was born (they were not married) - can his parents stop an adoption?
Rahlita D. Thornton's answer
This is an odd fact pattern situation. I would say consult with a lawyer to get an in depth analysis of this issue. With a little research I'm sure the answer could be had. I also would ask if the father's name was put on the birth certificate? Are the grandparents attempting to adopt? Is it your husband trying to adopt?
This is an odd fact pattern situation. I would say consult with a lawyer to get an in depth analysis of this issue. With a little research I'm sure the answer could be had. I also would ask if the father's name was put on the birth certificate? Are the grandparents attempting to adopt? Is it your husband trying to adopt?
Q: Do I need a letter conservatorship for my daughters when they are age 15 and 13?
Rahlita D. Thornton's answer
Sounds as if you were not married to their father. If that is the case then you’ll need to have paternity established. Also, sounds like you will have to do a probate proceeding to obtain the benefits. We could assist with both. Let us know if have anymore questions. Sorry for your daughters’ loss. 888-3434LAW OR 888-343-4529.
Sounds as if you were not married to their father. If that is the case then you’ll need to have paternity established. Also, sounds like you will have to do a probate proceeding to obtain the benefits. We could assist with both. Let us know if have anymore questions. Sorry for your daughters’ loss. 888-3434LAW OR 888-343-4529.
Q: Why is a a trial date set in a personal injury lawsuit, if they’ve been offered policy limits?
Rahlita D. Thornton's answer
Sadly, it’s often your insurance company that may not be providing the plaintiff with full disclosure that indeed the amount being offered is the policy limit. Also, for the policy limits to be offered there were probably some serious injury there. Communicating with your insurance company’s attorney for answers is where you should start. Good luck and this is what happens when insurance company adjusters get to make decisions without really needing to consult with the policyholder.
Sadly, it’s often your insurance company that may not be providing the plaintiff with full disclosure that indeed the amount being offered is the policy limit. Also, for the policy limits to be offered there were probably some serious injury there. Communicating with your insurance company’s attorney for answers is where you should start. Good luck and this is what happens when insurance company adjusters get to make decisions without really needing to consult with the policyholder.
Q: if i feel a home health caregiver is exploiting my elderly dad in our home, how can i get rid of her?
Terry Lynn Garrett's answer
If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.
If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.
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